Are you across the revised National Construction Code (NCC)? Take a deep dive into the legal frameworks that govern architects including the NCC, client contract and payment disputes, dealing with council and consent authorities and leave with an inventory of tips and traps if you are called upon as an expert witness. Don’t let updated legislation, contracts, expert witness conduct or planning consent be your undoing.
Professional Skills
12.15pm to 1.15pm Expert Witness Tips and Traps
Your role as an Expert witness:
- When needed
- Choosing the right one
- What to expect: Briefing & Contact with the Expert (including letters of instruction)
- Expert’s duties
- The Report
- Conclaves and concurrent evidence
Expert Determinations:
- What is it and how does it differ from arbitration
- How is a determination challenged?
- How is a determination enforced?
- Court’s discretion to enforce
- Liability of being an Expert
Presented by Anthony Jucha, Barrister, 13 Wentworth Chambers
10.00am to 11.00am Client Contract and Payment Disputes for Architectural Works
- Setting up your contract:
- key points in using the standard forms (AIA, AS4122)
- implementing your own terms
- what to watch for in client-proffered terms
- It’s not just about them: dealing with variations to your own services
- Avoiding unintentional pro-bono practice:
- Making claims for payment
- Using the security of payment regime
- Wrapping up a dispute
Presented by Helena Golovanoff, Partner, Holding Redlich
11.15am to 12.15pm Planning Law for Architects: Dealing with Councils and Consent Authorities
- Preparing and lodging development applications
- Dealing with councils
- Presenting at Local Planning Panel meetings
- Post-determination options
- Appeals in the Land and Environment Court
Presented by Steven Griffiths, Partner, Bartier Perry
Chair:
Brian Meyerson, Managing Principal, MHN Design Union
Description
For Lawyers:
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills
For Architects:
Attend and earn 4 formal CPD points including:
1 point in Documentation
1 point in Practice Management
2 points in Project Delivery
This program is applicable to practitioners from all States & Territories
9.00am to 10.00am Revised NCC: Impact on Architects
Explore the impact of the revised National Construction Code (NCC) and its impact on architects from both a legal and practical standpoint. Gain tips and traps through the lens of recent cases. Join the panel as they examine the high-risk areas in implementing the BCA including what has changed, means for approval and appliance, as well as the current state of legal complexities associated with this.
Panellists:
David Jury, Partner, HWL Ebsworth
Tone Wheeler, Principal and Director, Environa Studio; President, Australian Architecture Association; Adjunct Professor, Sustainable Design, UNSW
11.00am to 11.15am Morning Tea
Learning Outcomes:
After completing this course, you should be able to:
- Understand the key legislative changes and requirements of the National Construction Code (NCC)
- Plan and implement suitable strategies to resolve common client contract and payment disputes as an architect
- Obtain practical strategies for dealing with councils and consent authorities
- Understand key tips and traps for expert witness conduct, both as the expert and if using one
NSW:
Architects should undertake a minimum of 20 hours of Continuing Professional Development (CPD) each year, of which at least 10 hours must be Formal CPD activity. Some exemptions apply, including for non-practising architects.
QLD:
The Board’s current policy under the Act is to require practising architects to report on their CPD activities during the previous year at the time of annual renewal of registration. The Board’s CPD Policy sets a minimum of 20 hours per annum of compliant CPD, of which at least 10 hours should be formal learning activities. Non-practising architects are not required to comply with these CPD requirements
SA:
The Architectural Practice Act requires that architects undertake professional development each year and report the amount undertaken to the Board. At the time of renewal 20 hours of activity (of which at least 10 hours are formal) must be reported each year. Non-practising architects are exempt from this requirement.
TAS:
The Board requires practising architects to undertake a minimum of 20 hours of Continuing Professional Development each calendar year (with at least 10 hours of formal activities) and provide an annual report on their CPD activities as part of the annual renewal. Non-practising architects are exempt from this requirement.
VIC:
The Act requires a declaration at renewal that any required continuing professional development requirements have been complied with during the registration year. The Regulations provide that architects must have suitable skills and a thorough knowledge of architectural services. ARBV recommends that architects follow the National CPD Framework to ensure they comply with the requirements.
WA:
The Act requires that the board be satisfied that a person has attained or maintained a level of knowledge, skill and competence that the Board considers is required in order to renew a person’s registration. The Board’s preferred method of demonstrating this requirement is participation in a continuing professional development program; however, this does not preclude a person from providing evidence in some other form to satisfy the Board’s requirements. The Board requires architects to report on their CPD activities at the time of annual renewal of registration. The Board’s CPD Framework states that 20 CPD Points per annum should be achieved, of which at least 12 should be Core Points.
Presenters
Mr. Brian Meyerson, Managing Principal, MHN Design Union
Brian Meyerson founded BMA, now MHN Design Union, in 1997. Now a still-growing team of over fifty, the firm’s philosophy has its roots in Brian’s early architectural inclination towards the distillation and expression of simplicity. Each MHNDU project is pared back in order to discover its essence and meaningfully built to capture this central tenet. In 2020, MHNDU was awarded the Australian Institute of Architects Best in Practice Prize. Brian’s interest in architecture was sparked as a child, observing the urban environment on the streets of his native Cape Town as he commuted by train to school. His time studying architecture at the University of Cape Town, its educational platform informed by the philosophy of Le Corbusier, cemented his conceptualisation of purist modern architecture as a way of optimistically heralding the new, rather than dwelling on the old. Brian’s early career experience at the Desert Research Institute for Extreme Climates in Israel has informed his long-held passion for environmentally conscious architecture and MHNDU’s commitment to designing homes for a sustainable future. Having gained a reputation for innovative yet enduring craftsmanship, Brian’s designs have left a defining mark on much of East Sydney and beyond. Most recently, Brian has found particular interest in projects that contribute on an urban interventionist scale, redefining the public domain surrounding sites, such as MHNDU’s concept design for Seven Ways in Bondi and reinvention of the Bondi Hotel and its immediate surrounds for The Beach House.
Mr. Steven Griffiths, Partner, Bartier Perry
Steven advises local government authorities, statutory authorities and private sector clients on a wide range of environmental, planning and local government law matters. Steven fronts the developer practice at Bartier Perry and regularly acts as solicitor-advocate for property developers in development appeals, judicial review and civil enforcement proceedings and land acquisitions in the Land and Environment Court of NSW. Steven has also appeared for in judicial review proceedings in the Supreme Court of NSW and in native title proceedings in the Federal Court of Australia. Steven I a guest lecturer at the University of Sydney on Heritage Law and is a finalist for the 2023 Environment and Planning Partner of the Year. As well as being a lawyer, Steven is also an experienced town planner and prior to joining Bartier Perry, had a distinguished 12-year career as a town planner, consultant and manager in private practice and local government in NSW.
Mr. David Jury, Partner, HWL Ebsworth
David has practised in building and construction industry for 25years and has particular expertise in adjoining land owner issues including proceedings under section 88K of the Conveyancing Act. David’s clients include, Contractors, Developers and specialist subcontractors. David provides advice on tendering, project delivery, contract administration and dispute resolution including processes under the Building and Construction Industry Security of Payment Act.
Mr. Tone Wheeler, Principal and Director, Environa Studio
Tone Wheeler is an Architect, author, educator and consultant with an abiding interest in environmentally sustainable design (ESD). Since 1986 he has been design leader at environa studio. In the mid seventies at the University of Sydney he assisted in the construction of the "Autonomous house", a working example of a low energy house constructed entirely from recycled materials. Upon graduation tone worked for the Australian Government in Canberra where he designed a range of low cost social housing that won the R.A.I.A residential design award (C S Daley Medal) in 1980. Tone is a past chair of the AIA National Environment Committee & a past member of the Sustainability Committee. After a ten year association, he retired from the board of ABSA (Association of Building Sustainability Assessors) and he was also a member of the Building Professionals Board. Tone was made AIA Life Fellow in 2022 for his contributions to the discipline and profession of architecture. He has won the A+D Sustainability Award and the AIA Leadership in Sustainability Prize. Tone has taught extensively over the past 30 years, he has been on the faculty of 3 universities, is a sustainability advocate and frequent speaker at architectural conferences and seminars. he has been a judge on ABC tv ‘the new inventors’, a member of the ‘woodies’ and a ‘homie’ on ABC radio.
Ms. Helena Golovanoff, Partner, Holding Redlich web246n19
Helena is a partner in the Construction and Infrastructure group. With over 15 years’ experience in large scale construction and commercial disputes throughout Australia, she provides dispute resolution, transaction and advisory services. She has particular expertise in complex negotiations and contract structuring, including drafting and negotiating development agreements, design and construction contracts, project delivery agreements, early contractor involvement agreements and consultancy agreements. Helena works closely with her clients to ensure they understand the risks they face in their projects and how to address those risks. Apart from construction industry clients, Helena has extensive experience providing advice to insurers and insureds in respect of professional indemnity, contractor’s all risks and other project policies and business related insurance. Helena’s expertise also extends to advising education institutions in relation to development, facilities and other operational matters.
Mr. Anthony Jucha, Barrister, 13 Wentworth Chambers
Anthony was admitted in 1997 and called to the Bar in 2021. Anthony has broad legal experience having worked as a litigator at Finlaysons (Allens Arthur Robinson Group), a solicitor at Redfern Legal Centre, and as an in house lawyer at Shell, Sydney Airport, BlueScope Steel, Lynas and Adbri. Anthony accepts briefs in all areas of commercial law, and also appears for Councils and private clients in environment and planning matters in the Land & Environment Court. Anthony’s extensive experience as an in house lawyer in a variety of industries means that he understands commercial imperatives, and is able to communicate with clients and experts, as well as the Court. In his spare time, Anthony is a champion Monopoly player and also a land artist with a world record in competitive rockstacking.
