Construction Law Roundup

With the sector facing significant controversies, tackle the hottest topics in Victorian construction law. Discover the latest on the Inquiry into payment disputes for completed works, the game-changing Thurin v Krongold decision, recourse to performance guarantees and hear from the Judge in charge of the building cases list as they breakdown jurisdiction uncertainties. Plus, help your clients build cashflow as you receive best practice tips on getting your construction clients paid. 243V22

Thursday, 21 March 2024
Chair:

Albert Monichino KC, Chartered Arbitrator and Mediator, List A Barristers

9.05am to 9.50am Inquiry Into Employers and Contractors who Refuse to Pay Their Subcontractors for Completed Works
  • Using the Building and Construction Industry Security of Payment Act 2002 (the SOP Act)
  • Can it be used for payment claims in respect of residential building work?
  • Practical issues with enforcement of SOP Act determinations
  • Can a builder sue a subcontractor for defective work after handover of the project?

Presented by Nicholas Andreou, Barrister, Chapman's List Barristers

9.50am to 10.35am Thurin v Krongold Appeal: Legislative Changes
  • Thurin v Krongold Constructions (Aust) Pty Ltd [2022] VSCA 226
  • Krongold v Thurin [2023] VSCA 191
  • Justice Legislation Amendment Act 2023

Presented by Jeremy Twigg KC, Castan Chambers; Recommended Construction & Infrastructure Law Senior Counsel, Doyle’s Guide 2023

10.50am to 11.35am HEAR FROM THE BENCH

Get the inside scoop from the bench! Join us for a truly unique perspective on the dynamic realm of VCAT and the County Courts jurisdiction.

Presented by Her Honour Judge Kirton, Judge in Charge of the Building Cases List, County Court of Victoria

11.35am to 12.20pm Recourse to Performance Guarantees Following Termination of the Building Contract

Where termination under the Contract or at common law

  • The role of Court at an interlocutory stage to consider validity of a disputed termination
  • Where the Principal asserts there is no serious question to be tried in relation to its entitlement to have recourse to performance guarantees following termination
  • Principal’s accrued entitlements to recourse prior to termination
  • Construction of the applicable security provisions to identify purpose/ risk allocation of whom is to be out of pocket pending a final determination of entitlement
  • Does the Contractor’s obligation to provide security and the Principal’s entitlement to have recourse survive a valid or a disputed termination?
  • Can mandatory notice provisions be complied with following termination?
  • Analysis of Australian Standards Standard Form Contract AS 2124-1992

Presented by David McAndrew KC, Lennon's List Barristers; Recommended Construction & Infrastructure Law Senior Counsel, Doyle’s Guide 2022

12:20pm to 1:05pm How to get your Construction Industry Clients Paid
  • Obtaining judgement: ensuring you have the right entity
  • What sort of judgement: the difference between SOP Act enforcement and other enforcement of judgements
  • Statutory demands
  • Garnishee orders
  • Proposed solutions to think about

Presented by Harriet Warlow-Shill, Founder and Managing Partner, Warlows Legal

Description

Attend and earn 4 CPD units in Substantive Law
This program is based on VIC legislation

9.00am to 9.05am Opening Comments by the Chair
10.35am to 10.50am Morning Tea
1:05pm to 1:15pm Final Q&A and Closing Comments by the Chair

Presenters


Harriet Warlow-Shill, Founder and Managing Partner, Warlows Legal
Harriet is Founder + Principal of an innovative firm with a focus on client service and legal excellence. Warlows Legal has been rapidly growing since being established on 1 March, 2021. Harriet has significant experience interacting with clients at senior management and board level as well as practicing in the areas of charities, construction, start-ups, and litigation. Harriet has worked on numerous Security of Payment Act matters for over 15 years. As a consequence of Harriet’s work, Harriet is well known to and respected by her clients, other lawyers and key regulators. Harriet’s expertise and reputation has made her a natural first stop for clients, some of whom she has worked with for more than a decade. Harriet is currently a member of the Law Institute of Victoria Building and Construction Working Group and the Law Institute of Victoria Human Rights Committee. Harriet is also Honorary Secretary of Australian Friends of Ariel University. Harriet is a member of the Society of Construction Lawyers Australia, the Building Disputes Practitioners Society, the Charity Lawyers of Australia and New Zealand and the Law Institute of Victoria. Harriet regularly presents on topics of construction law, charity law and start ups to members of the legal profession and the public.


Jeremy Twigg KC, Castan Chambers
Since 1992, Jeremy Twigg has developed a commercial law practice specialising in construction, engineering and property law appearing regularly in the Superior Courts. Jeremy has acted for developers, builders, subcontractors and engineers in disputes in court and arbitration concerning commercial, residential and industrial construction, earthworks and civil works, technical design and rail and road infrastructure. He is familiar with the standard forms of contract used in Australian Engineering and Construction Works and has experience with the Building Act, Building and Construction Industry Security of Payment Act (Vic), (NSW) and (Qld), Domestic Building Contracts Act and the Planning and Environment Act. As counsel, he has appeared in a number of cases commenced pursuant to the Security of Payment Act and has adjudicated a number of payment disputes. Jeremy is accredited by the Institute of Arbitrators and Mediators Australia as a Grade 3 Arbitrator, and as an Adjudicator under the Building and Construction Industry Security of Payment Act.


Nicholas Andreou, Barrister, Chapman's List Barristers
Nicholas practises primarily in commercial, construction, corporations and defamation law. Nicholas has appeared in many of the leading judgments in Victoria which consider the Building and Construction Industry Security of Payment Act 2002. Nicholas regularly appears in VCAT and the County Court representing builders, subcontractors, developers and owners alike. Nicholas enjoys particularly technically complex disputes involving structural and geotechnical engineering issues. Nicholas has appeared in the Court of Appeal on matters concerning the Domestic Building Contracts Act 1995.


David McAndrew KC, Lennon's List Barristers
David McAndrew has a broad national commercial practice with emphasis on complex construction and engineering disputes in the Supreme Courts (Victoria, New South Wales and Queensland), and local and international arbitrations.


Mr. Albert Monichino KC, Chartered Arbitrator and Mediator, List A Barristers
Albert Monichino KC practices as a barrister, arbitrator and mediator. Appointed senior counsel in 2010 he has over 30 years of experience in commercial dispute resolution. He is a past President of the Australian branch of the Chartered Institute of Arbitrators (‘CIArb’), a Chartered Arbitrator, and is accredited as an advanced mediator. He has consistently been listed by Doyle’s Guide between 2017 and 2023 as one of Australia’s leading arbitration barristers. Albert has acted as arbitrator or as counsel under various arbitration rules in wide-ranging commercial disputes throughout the Asia-Pacific region, including construction, engineering and infrastructure disputes. He has lectured and/or tutored in the CIArb Diploma Course in International Commercial Arbitration since its inception in 2016. In 2006 he was the Co-Course Director of the inaugural CIArb Asia-Pacific Diploma Course held in Singapore. Albert is the lead lecturer of the subject “Arbitration of International Commercial Disputes” offered by Monash University in June 2023 in its postgraduate law program. Albert also has a broad commercial litigation practice in the superior courts in Australia, including in the area of building and construction. He recently appeared for Amcor in a 45 day Supreme Court trial involving the remediation for asbestos contamination of the former Amcor paper mill site in Alphington, which Amcor sold to the developer, Glenville (judgment in favour of Amcor: [2023] VSC 637).


Her Honour Judge Suzanne Kirton, County Court of Victoria
Her Honour Judge Kirton has worked for nearly 30 years as a lawyer specialising in the field of construction law and property disputes. In September 2023 she was appointed as a Judge of the County Court of Victoria, to head the Building Cases List in the Commercial Division. Her appointment to the Court followed 5 years as a senior member at the Victorian Civil & Administrative Tribunal, with the last 2 years as the Head of VCAT’s Building and Property List. Her involvement in this area of practice started when she was the company solicitor of the Housing Guarantee Fund, followed by 17 years as a barrister at the Victorian Bar. Her roles now involve managing proceedings in the Court and VCAT, hearing and deciding disputes, assisting parties to reach settlements and mentoring and managing colleagues and staff. At VCAT she implemented many new case management strategies in an attempt to address the problems of the pandemic and the Tribunal’s chronic lack of resources. As an Honorary Senior Fellow with the University of Melbourne she teaches the postgraduate Residential Construction Law course. She has mentored many students and junior practitioners over the years and served on many committees and Boards, including the Building Dispute Practitioners Society.

243V22

Construction Law Roundup

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Thursday, 21 March 2024
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InterContinental Melbourne

495 Collins Street, Melbourne

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Nearest Public Transport:

  • By train: Southern Cross Station (5-minute walk)
  • By subway: Southern Cross Station (5-minute walk)
  • By Tram: Trams on routes 12, 109, 11 and 48 all pass the hotel along Collins Street, get off at the William Street stop (3-minute walk). The hotel is located within the free tram zone which means travel within the CBD on the tram is free.
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