Is your construction practice ready for the crackdowns on harsh commercial behaviour and unfair contract terms? Attend and explore the scope of ACL regulation and gain insights from recent Security of Payment cases shaking the construction sector. In a climate of rising construction insolvencies, understand the warning signs and risk mitigation strategies. When a false statement has the ability to cost your clients, consider defamation in construction and how best to protect your clients. 

Presenters

Ms. Melissa Koo, Partner, Squire Patton Boggs
Melissa is a specialist construction lawyer with extensive experience in representing project participants on major Australian and international construction, energy and infrastructure projects. She has advised on high value disputes involving complex legal, engineering and construction issues. She has experience acting for Australian and international clients in all dispute resolution forums, including international arbitration, litigation, mediation and adjudication. She is also experienced in drafting suites of contracts and advising on and negotiating contracting issues arising out of bespoke and Australian and international standard form contracts. In Western Australia where she practices, Squire Patton Boggs has been ranked as a Tier 1 Construction and Infrastructure litigation law firm and a Tier 2 front end construction and infrastructure law firm by Doyle’s Guide. Melissa herself was recognised as a recommended lawyer in Doyle’s Guide of leading lawyers in Western Australia in 2023. She is also an active committee member of the National Association of Women in Construction.


Tom French, Partner, MinterEllison
Tom is a Partner at MinterEllison in Perth. Tom specialises in commercial dispute resolution (including litigation, arbitration, and adjudication) in projects & construction, energy & resources, and professional practices. He regularly advises contractors, principals, and engineers on major infrastructure disputes in respect to the construction of infrastructure on significant mining and resources projects in the Asia Pacific region and Africa, and in respect to the construction of significant commercial projects in the Perth metropolitan area. Tom has appeared in all superior courts in Western Australia and New South Wales, and the Federal Court and Full Federal Court of Australia, on appeals, trials, and interlocutory matters. He has also appeared in the High Court of Australia.


Mr. Simon Davis, Barrister, Francis Burt Chambers
Simon Davis is a barrister and arbitrator at Francis Burt Chambers. He has a general commercial, civil and construction practice and accepts arbitrator appointments in the same areas. Since joining the Bar in 2004 he has worked as counsel on a range of actions and arbitrations across several industry sectors, appearing before various different courts and tribunals both as lead counsel and as a junior. Since 2015 Simon has acted as arbitrator on several commercial arbitrations, both international and domestic. Before coming to the Bar, Simon had twelve years experience in major commercial law firms in London, Paris and Perth. In Perth from 2000 to 2004 he was at Allens Arthur Robinson, where his practice covered international and domestic commercial litigation, arbitration and alternative dispute resolution, for a range of commercial and resources clients. In London and Paris from 1993 to 2000 Simon was a disputed solicitor at Freshfields, where he gained particular experience in international arbitration, both commercial and construction/technical, acting for a variety of governmental, industrial and commercial clients in arbitrations governed by common and civil law systems. Simon is admitted to practice in Western Australia, Victoria and England and Wales. He is a Fellow and Councillor of the Chartered Institute of Arbitrators, and an Honorary Fellow in the Faculty of Law of the University of Western Australia, where he co-teaches International Commercial Arbitration.


Mr. Thomas Jacobs, Partner, Jackson McDonald
Thomas Jacobs Tom has almost 30 years’ experience advising clients active in the building, construction and engineering industries, with expertise advising on procurement and the management and resolution of complex construction and engineering disputes. He has extensive experience of all forms of dispute resolution, particularly adjudication. He has been recognised as a leading West Australian Construction and Engineering lawyer by Best Lawyers in Australia for the last 3 years and was recently tasked by Building and Energy to train new adjudicators under the new Security of Payment legislation


Mr. Jason MacLaurin SC, Francis Burt Chambers
Jason MacLaurin graduated from the University of Western Australia in 1993 with a Bachelor of Laws (LLB (Hons)) and is admitted to practice in the Courts of Western Australia (1994), the Federal Courts (1994) and the Courts of England and Wales (2002). Prior to joining Francis Burt Chambers in 2006, he worked for Clayton Utz as a senior associate (2002 - 2006) in their commercial litigation department, and before that worked for Messrs Bennett & Co, as a commercial and corporate litigator and senior associate (1995 to 2001). Before that, Jason had been articled to, and completed his restricted practice year with, the State Crown Law Department (now the State Solicitors Office). Jason practices in all areas of commercial and civil litigation including Trade Practices (now Competition and Consumer law), contract, equity, building and construction, corporations, insolvency and media and defamation law. Jason has extensive experience as both a solicitor and Counsel (including appellate work) in the Supreme Court of Western Australia, the High Court and the Federal Court, and also the lower Courts and Tribunals, both State and Federal. Jason is an Adjunct Associate Professor and sessional lecturer in Competition and Consumer Law at Notre Dame University, Fremantle. Jason has also been a sessional lecturer in Competition Law at Murdoch University.


Mr. Scott Ellis, Barrister, Arbitrator and Mediator, Francis Burt Chambers
Scott Ellis practices as an arbitrator, adjudicator, mediator and barrister from Francis Burt Chambers. Prior to joining the Bar, he was a partner of Freehills for a number of years. He has dealt with more than 400 disputes as an arbitrator, mediator, expert determiner and as a third party neutral. He is a Fellow of ACICA and Resolution Institute. He is a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators. He is accredited to NMAS standards as a mediator. He is registered as an adjudicator under the Construction Contracts (Former Provisions) Act 2004 (still) and as a Grade 2 Adjudicator and a Review Adjudicator under the Building and Construction Industry (Security of Payment) Act, 2021. He is also a NSW adjudicator. He is a Senior Sessional Member of the State Administrative Tribunal and a member of the National Sports Tribunal. He is the Acting Corruption and Crime Commissioner. He has also appeared as counsel in Supreme Court proceedings for judicial review of adjudicator’s decisions. In 2022 he was listed by Doyle’s Guide as a Leading WA Mediator, and a Leading Barrister in Construction and Infrastructure and in Arbitration.


Penny Bond, Senior Associate, MinterEllison
Penny is a Senior Associate in MinterEllison’s Projects, Infrastructure and Construction Group with a specialisation in construction and project dispute resolution. Penny has experience advising a range of clients including principals, contractors, subcontractors, and local governments in contract administration, risk management and dispute resolution in Western Australia. Penny's dispute resolution experience has included acting for and advising clients in respect of adjudications, mediations, expert determinations, arbitrations and Supreme Court and District Court litigation.


Ms. Shevaun Stringer, Special Counsel, MinterEllison
Shevaun is a Special Counsel at MinterEllison in Perth. She advises on major projects in the infrastructure, energy and resources, and property development sectors. Shevaun has extensive experience acting for both principals and contractors on the full life cycle of a project, from the procurement strategy and negotiation of contracts, through to contract administration and dispute resolution.