Building and Construction Law Issues
Course ID ID18066_PRO
A highly practical seminar on building and construction law issues. Hear all of the latest case law and legislative developments.
Full Price $240.00
Alumni/Member Price $216.00
01 April 2018
31 March 2019
About This Course
The seminar will provide a comprehensive update on all current building and construction law issues. Begin 2017 knowing the latest developments in this area of law.
Topics covered include:
- A Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) round up – a look at some of the key decisions coming out of New South Wales in 2016, including:
- Lewence Construction Pty Ltd v Southern Han Breakfast Point Pty Ltd  NSWCA 288 (appeal to the High Court heard October 2016)
- Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd  NSWSC 770 (on appeal to the Court of Appeal of NSW)
- J Hutchinson Pty Ltd v Glavcom Pty Ltd  NSWSC 126
- Paciocco v Australia and New Zealand Banking Group Limited  HCA 28
- Chan v Acres  NSWSC 1885
- Capital Securities No. 1 Pty Ltd v Roger Saliba  NSWSC 1093
- Unfair Contract Terms - Amendments to the Australian Securities and Investments Commission Act 2001 (Cth) and Competition and Consumer Act 2010 (Cth)
- Strata Law reforms
This seminar complies with the mandatory requirement of Substantive Law.
Michelle is a senior associate in MinterEllison's Projects, Infrastructure and Construction team in Sydney and is dually qualified as a lawyer in New South Wales and England and Wales.
Michelle has recently returned to Australia after working in London for one of the largest specialist construction and energy firms in the UK, acting for domestic and international clients on major construction and infrastructure projects within the oil and gas, rail, tunneling, water, road, commercial development, renewable energy and power sectors.
Michelle has expertise with a variety of contracting strategies, including construct only, design and construct, EPC, consultancy agreements, framework agreements, and bespoke contracts.
Specific project involvement
- Acting for a major construction company in litigation proceedings in the Supreme Court of New South Wales regarding a residential and commercial development in Sydney.
- Acting for a large private investment company in interlocutory proceedings in the Supreme Court of New South Wales defending an application for an injunction.
- Acting for a subcontractor in litigation proceedings in the Supreme Court of New South Wales regarding a data centre in NSW.
- Advising on payment claims and adjudication applications/responses under the Building and Construction Industry Security of Payment Act 1999.
- Acted for the operator of an oil pipeline in the Caspian region in an ICC arbitration against a consortium of oil majors in relation to disputes worth in excess of US$200 million arising out of a long-term operating agreement.
- Acted for a state-owned authority in Ethiopia in separate ICC arbitrations against two international contractors in relation to contractual interpretation disputes on road projects.
- Acted for the owner-operator of a liquefied petroleum gas plant in Libya in the Technology and Construction Court concerning a dispute with the supplier of a heat exchanger.
- Acting for a European contractor in an international arbitration relating to the design, construction and installation of offshore wind farm foundations.
Carly is an associate in the Projects, Infrastructure and Construction group in MinterEllison's Sydney office with experience acting for government bodies, financial institutions, ASX-listed companies and educational institutions on major projects, commercial property developments, public-private partnerships and infrastructure and construction disputes. Carly is commercially driven and committed to achieving the best result for her clients. Carly's principal areas of practice are:
- dispute resoluton;
- commercial and contractual advice; and
- contract drafting and administration
Specific project involvement
- Acting for a Sydney-based private educational facility in a dispute with a contractor in relation to claimed variations and extensions of time.
- Acting for Kellogg Brown & Root Pty Ltd in proceedings commenced against it by John Holland Pty Limited in relation to a car park collapse at Auburn Maintenance Centre in Sydney's west. The team was successful in having the dispute, which had incorrectly been commenced in court, referred to arbitration.
- Acting for a steel subcontractor to recover money owed to it by a head contractor using security of payment legislation. The team obtained a favourable adjudication determination and then enforced the determination in court.
- Acting for a NSW government authority in a security of payment dispute with a contractor engaged to provide in situ stabilisation. The team achieved an excellent result at adjudication, defending the NSW government authority's right to withhold money for non-conforming works and effectively defending against future security of payment claims from the contractor based on similar facts.
- Advising Qantas on the preparation of a suite of documents to effect the sale of Qantas' lease over Terminal 3, Sydney Airport. The deal included a 10 year 'common user' lease back, meaning the team needed to carefully address each and every asset needed to control over 40,000 flights and 10 million passengers through the terminal each year. Qantas commended the team for being dedicated, responsive and great to deal with throughout the deal.
- Advising the State on the New Grafton Correctional Centre public-private partnership.
- Acting for a lighting subcontractor to recover money owed to it by a head contractor in connection with the NSW Department of Education and Communities' Energy Performance project using security of payment legislation. The team obtained a favourable adjudication determination.
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