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Security of Payment in NSW: From Claims to Disputes

  • 2 hrs
  • 2 CPD Points
  • 16/03/2027 - 16/03/2027
  • Interactive
  • From $239.00
  • WBR0319_BUS_N_2
CPD Calendar

Security of Payment in NSW: From Claims to Disputes

Date & time: 16 March 2027, 2pm to 4.15pm AEDT

When a payment dispute arises, does your client know their rights, and do you know the best way to protect them?

The NSW security of payment scheme provides a statutory framework for recovering payment in the construction industry, with strict deadlines, procedural requirements and significant consequences when parties fail to comply. For practitioners, understanding the legislation is only part of the challenge. Knowing how to respond when a payment schedule is missed, challenge an adjudication determination or enforce an unpaid amount requires careful consideration of the available options.

This practical two-hour program is designed for NSW practitioners advising on security of payment matters.

This program explores:

  • The fundamentals of the NSW scheme, including:
    • Payment claims, payment schedules, statutory timeframes and adjudication.
  • Complex scenarios, examining:
    • Jurisdictional error, court proceedings, enforcement options, stays of execution and injunctive relief.

Build your understanding of the statutory framework and develop greater confidence in advising clients through contested payment disputes and recovery processes.

Facilitated by:

  • Vikram Misra, Barrister, Clarence Chambers
  • Sean Docker SC, Barrister, University Chambers

At the end of this live webinar, you will earn 2 CPD points.  

Course Outline

2.00pm: Login and Welcome

2.05pm: Session 1: Security of Payment in NSW: Fundamentals

  • Key legislation, rights and obligations under the NSW scheme.
  • Payment claims, payment schedules and statutory deadlines.
  • The adjudication process and recovering unpaid amounts.

3.05pm: Stretch Break

3.15pm: Session 2: Security of Payment in Practice: Complex Scenarios

  • Consequences of not providing a payment schedule - should one proceed to Court or engage the adjudication mechanism?
  • Setting aside an adjudication determination - what constitutes jurisdictional error?
  • Enforcement options, stays of execution of judgments obtained under the SOP Act and strategies for advising clients in complex disputes, including injunctive relief relevant to the SOP Act.

4.15pm: Close

Vikram Misra

Vikram Misra
Barrister, Clarence Chambers

Vikram was admitted as a solicitor in 2012 and called to the NSW Bar in 2015. He maintains a broad commercial litigation practice, however he is frequently briefed in the areas of property law and construction law.

Vikram currently contributes regular articles to Legalwise Seminars on: Caveats, Practice and Procedure, Building and Construction and also Arbitration and Mediation (co-authored with Sydney Jacobs - Barrister). He also presents CPD seminars for The Law Society of NSW, College of Law, Legalwise Seminars, BenchTV and CPD for Me.

Vikram is the author of “Security of Payment in the NSW Building & Construction Industry (7th Ed)” (Thomson Reuters). He is also the sole contributing author to “Jacobs, Commercial Damages” (Thomson Reuters) and “Jacobs, McCarthy & Neggo, Injunctions: Law and Practice” (Thomson Reuters). Vikram is a contributing author to Commercial Arbitration Law and Practice (Thomson Reuters) in the following sections: Domestic Arbitration, International Arbitration, Security of Payment (NSW) and Security of Payment (SA).

Vikram is currently a casual academic at Western Sydney University in the subject "Building Law".  He previously marked contract law exams for the University of Sydney Law Extension Committee, Sydney NSW as a casual academic.

Vikram regularly appears in all state and federal courts, as well as NCAT. 

Vikram is a member of the Accessibility Panel of the NSW Bar Association.

 

Sean Docker SC

Sean Docker SC
Barrister, University Chambers

Sean was appointed Senior Counsel in 2023. He was called to the Bar in 2004, after being admitted to practice as a solicitor in 1999.

Prior to his admission, Sean worked for the NSW Aboriginal Land Council in 1994-1999, where he worked on land claims, native title claims, cultural heritage protection and community projects as well as lobbying on legislation and policy.

Sean started his career as a solicitor in general practice with Horowitz & Bilinsky in 1999-2001 and then worked at Kemp Strang in commercial litigation and on judicial review cases in 2001-2004.

Sean’s practice is mostly in the Supreme Court of NSW, at first instance and on appeal and the Federal Court of Australia. He also appears in other courts and tribunals, including three final appeals in the High Court of Australia. He regularly attends mediations.

This program is designed for NSW solicitors, barristers, in-house counsel and legal practitioners advising clients in the construction industry. It will be particularly relevant to practitioners working with contractors, subcontractors, developers and principals who need to understand payment rights and obligations under the NSW security of payment scheme.

It is suited to lawyers seeking to strengthen their understanding of the adjudication process and practitioners dealing with more complex disputes involving missed payment schedules, challenges to adjudication determinations, enforcement proceedings and recovery strategies. The program will also benefit practitioners looking to build confidence in advising clients on the strategic options available when payment disputes escalate.  

All times listed for this course are Australian Eastern Daylight Savings Time (AEDT). Please take note of any time differences if you are registering from QLD, WA, SA, NT or from outside Australia.  

The course complies with the mandatory requirements of Professional Skills (1 point) and Substantive Law (1 point).  

If you intend to claim CPD units for this educational activity, please note that CPD activities are not accredited by the Law Society of NSW or any other equivalent local authority, with the exception of Western Australia. If you hold a practising certificate in a state or territory other than Western Australia and this educational activity extends your knowledge and skills in areas that are relevant to your practice needs or professional development, then you should claim one (1) "unit” for each hour of attendance, refreshment breaks not included. The annual requirement is ten (10) CPD units each year from 1 April to 31 March. Some practitioners, such as accredited specialists are required to complete more than ten (10) units each CPD year.

Practitioners holding WA practising certificates are not eligible to earn CPD points for this course. For instructions to earn CPD points, please click here.

Please be aware that this webinar organised by the College of Law may be recorded for use on our websites, marketing materials and publications. By attending and participating in a College of Law Continuing Professional Development course, you consent to the College of Law photographing or recording and using your image and likeness and/or voice.

Excellent workshop, appreciated the wealth of knowledge and experience.

Past Attendee

Highly relevant material and a great training overall.

Past Attendee

Presenter was exceptional, well informed and engaging. The course was well presented. Use of case studies and scenarios helped explain the content.

Past Attendee

Content and case law were relevant and up to date, great format and well-paced delivery.

Past Attendee

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