CPD 18 October 2022 (Extra Event) Ethics for Security of Payment Adjudicators in All Australian Jurisdictions
CPD 18 October 2022 (Extra Event) Ethics Core Unit ...
A SINGLE SUBSCRIPTION for ALL REMAINING 2022/2023 CPD EVENTS*
* A single subscription for CPD events including October 2022 through to the end of March 2023 is available for $352 (including GST). There will be no refunds for not being able to attend an event. The subscription will expire on 31 March 2023. In order to be issued with recognition of attendance at an event you will still need to register for each event you will be attending. Subscribe Now.
CERTIFICATE IN ADJUDICATION 2022 – CPD OR CERTIFICATE COURSE
The 2022 course for the Certificate in Adjudication was held in July 2022. The 2022 Course Outline and Application form is available here or on request from email@example.com. This will provide details of the work likely to be involved in the next course for those contemplating attendance in 2023. If you would like to register an interest in attending the next Certificate course please complete a copy of the application form and mail it to firstname.lastname@example.org. This does not obligate you to proceed or pay. If your application is successful an offer of a place will be made for you to consider.
EVENTS FOR THE 2022/2023 CPD YEAR
CPD 12 April 2022 -The first in our 2022/2023 series of one hour CPD Events for the 2022/2023 CPD Year for Adjudicators was held on 12 April 2022. The session was related to requesting further written submissions’ under s84(2)(b) and (c) of the Building Industry Fairness (Security of Payment) Act 2017. The areas broached included discussion on when further written submissions should be requested, guidelines and strategies for making these requests plus relevant case law. The session was presented by Robert Sundercombe, an electrical engineer with over 40 years experience in the construction industry. His organization Outcome Management Pty Ltd provides advice to a wide range of clients on technical, contractual, commercial and security of payment issues. Robert has been an adjudicator since 2003 and practices in Queensland, New South Wales, the Australian Capital Territory, Victoria, Tasmania, South Australia and Western Australia.
CPD 10 May 2022 – Legal Principles session was presented by Logan Campbell Barrister. Logan presented this session in two parts. Part 1 was a refresher on the adjudicator’s obligation to consider – what it requires (and does not require), including earlier decisions and the interaction between the QBCC and the BIFA (such as licencing, due date for payment and rate of interest). Part 2 addressed the importance of time – requests for submissions and the adjudicator’s compliance with the deadlines in the Act. Logan Campbell is a Brisbane-based Barrister with 25 years’ experience in construction law. Before coming to the bar he acted as solicitor in adjudications (too many to count) in a number of States and Territories and has advised and appeared in numerous judicial review matters concerning both the BCIPA and BIF Act. He regularly presents on construction law related topics and assists in providing CPD training to adjudicators in Queensland.
CPD 07 June 2022 – Noel Jensen of Jensen and Co Lawyers presented this session on dealing with delay claims and valuation. Noel is a solicitor and registered adjudicator in Queensland since 2004. As well as deciding applications, Noel acts for claimants and respondents in the preparation of adjudication applications and adjudication responses. Jensen and Co Lawyers specialise in commercial and construction law.
CPD 05 July 2022 – Practice & Procedure in relation valuation – s71 and s72 of the Queensland BIFA, s9 and s10 of the NSW SOPA, and s10 and s 11 of the Vic SOPA were discussed in relation to the distinction between the amount of progress payment and valuation. The session was presented by Warren Fischer. Warren is the Managing Director of, and consultant with, Alternative Dispute Resolution Services.
CPD 09 August 2022 – Christopher E Taylor Barrister from Chambers in Cairns and Brisbane presented ‘Estoppel Revisited – Getting Down to Basics’. This event reviewed the history and principles of estoppel and the application of estoppel in Security of Payment adjudications.
CPD 06 September 2022 – Having the advantage of a preview of David’s presentation on the duties and constraints incumbent upon BIF Act Adjudicators when valuing and adjudicating a Payment Claim this event is not to be missed. David takes us through constraintsas illustrated by the Statute and Common Law. Presented by David Campbell-Williams. Register Now.
CPD 04 October 2022 – Ben Thomas will share the results of his research into the reasons why adjudicators find they do not have jurisdiction to adjudicate an adjudication application. As Ben has put it – the research has turned up some interesting things. Ben is a principal and consultant in aktivResolve. Register Now.
CPD 18 October 2022 (Extra Event) Ethics Core Unit – Continuing Professional Development policies for Security of Payment Adjudicators in most Australian jurisdictions require completion of 10 CPD Units including 3 Mandatory Core Units. This session is directed to meeting the requirements for the Ethics Core Unit. The session is designed to be interactive so that you can take learning away from it and also have input to the session. A panel consisting of adjudicators from each Australian jurisdiction will participate with you in discussing typical ethics issues. The session is extra to the planned monthly CPD events. It will be free for those who have taken up the annual subscription but if you do not register for the event the usual certificate recognising your participation cannot be issued. Papers and PowerPoints are not planned for this session but a video recording of the session, if it works, will be provided TO THOSE WHO HAVE REGISTERED.Register Now.
CPD 8 November 2022 – Christopher E Taylor Barrister. Decision writing revised – The explanation is in the reasons – Getting down to basics. A must attend event whether you still have trainer wheels on or you are a veteran adjudicator. Registrations for this event are now open in the usual way. If you purchased the bulk subscription please register for this event although it will be free for bulk subscribers. Register Now.
CPD 29 November 2022 – Adjudicator’s Questions on Notice. This session is aimed at addressing whatever question you would like to raise. If possible, questions should be submitted on or before 1 November 2022. The panel may not be able to get to questions submitted after this date. Also, depending on the number of questions raised our panel (Warren Fischer and Christopher Taylor) may not get to them all at this session but we will get to them. Registrations for this event are now open in the usual way. If you purchased the bulk subscription please register for this event although it will be free for those with a bulk subscription. Register Now.
CPD 31 January 2023 – Legal Principles presented by Jane Button of Button and Associates. Jane is an experienced adjudicator and experienced construction lawyer. Further details of this session coming soon. Register Now.
CPD 28 February 2023 – Christopher E Taylor Barrister. Back to basics on the application of procedural fairness in Security of Payment adjudications. Register Now.
CPD 28 March 2023 – Panel Wrap Up of developments in case law. Register Now.
PAST EVENTS FOR THE 2021/2022 CPD YEAR
CPD 20 April 2021 The first in our 2021/2022 series of one hour CPD Events for Adjudicators for the 2021/2022 CPD year was held on 20 April 2021. The subject matter for the first 2021 CPD year session was ‘Are you are ‘Subsequent Adjudicator’ – Tips and traps in following another adjudicator’s decision in the application of s87 and Issue Estoppel.’’. It was developed to meet the core unit for Practice and Procedure in the CPD Policy. The session was led by Christopher Taylor who provided a paper and some scenarios for the session.
CPD 18 May 2021 The second in our 2021/2022 series of one hour CPD Events for Adjudicators for the 2021/2022 CPD year was held on 18 May 2021. The session was on jurisdiction of the adjudicator to adjudicate the application and on jurisdictional challenges. Tim Sullivan led the session and provided a paper for the session. The session was directed to meeting the requirements of the legal principles core CPD Unit.
CPD 15 June 2021 The third in our 2021/2022 series of one hour CPD Events for Adjudicators for the 2021/2022 CPD year will be held on 15 June 2021 commencing at 5:15pm sharp (Brisbane time). There will be two ethics session – this one on 15 August 2021 and ethics from a different angle on 10 August 2021. The subject matter for the 15 June Session is ‘Ethical considerations for Adjudicators – an outline of the Statutory, Regulatory and Common Law context in which Adjudicators operate.’ It has been developed to meet the core unit for Ethics in the CPD Policy. The session will be led by David Campbell-Williams. David is a Lawyer of over 40 years’ standing who has practised substantially in construction and engineering matters, especially in dispute resolution. He has acted for Principals and Contractors and for almost 10 years, was the Deputy General Counsel of the Transport for NSW Agency, Sydney Trains and its predecessor RailCorp, where he was effectively the Principal. He has since 2000, had a substantial involvement in security of payment matters as a Law Firm partner and as an Adjudicator and as a trainer. David developed the security of payment component of Melbourne University’s very popular Master of Construction Law subject Payment Matters in Construction Projects, which he has taught every year since 2008, as a Senior Fellow of the Law School.
CPD 13 July 2021 The fourth in our 2021/2022 series of one hour CPD Events for Adjudicators will be held on 13 July 2021 commencing at 5:15pm sharp. The session will be ‘Section 84(2)(a)(ii) – Frivolous or Vexatious Adjudication Applications’. Section 84(2)(a)(ii) requires adjudicators to decide whether the adjudication application is frivolous or vexatious. This CPD session will use an interactive format to explore key principles to guide adjudicators when determining whether an adjudication application is frivolous or vexatious. A number of scenarios will be presented for discussion to ensure that the session is practical and interactive.The session will be led by Ben Thomas. Ben Thomas has been a registered adjudicator under the BIFA legislation since 2017. While only fairly new to adjudication, Ben has been in senior leadership roles overseeing international construction projects for many years. In his ‘spare’ time, Ben is currently finishing an LLM degree through the University of New England. Registrations for this event will close at 5:00pm on Monday 12 July 2021.
CPD 10 August 2021 The fifth in our 2021/2022 series of one hour CPD Events for Adjudicators will be held on 10 August 2021 commencing at 5:15pm sharp. The session will be ‘Ethics for Adjudicators – From Another Angle’. The session is designed to meet the Ethics Core Unit. The session will be led by Christopher Taylor, Barrister, from Trinity Chambers in Cairns.
CPD 7 September 2021 The sixth in our 2021/2022 series of one hour CPD Events for Adjudicators will be held on 7 September 2021 commencing at 5:15pm sharp. The session will be directed to payment schedules, adjudication responses and reasons for withholding payment which are at the heart of every contested payment claim referred to adjudicators. Because of his background and experience <strong>Robert Sundercombe</strong> is well placed to address this subject and it will benefit all Adjudicators, whether at the beginning or advance stage of their involvement, will benefit from sharing this time with him. Robert is an electrical engineer with over 40 years experience in the construction industry in Australia and overseas. His organization Outcome Management Pty Ltd provides advice to a wide range of clients on technical, contractual, commercial and security of payment issues. He has been an adjudicator since 2003 and practices in Queensland, New South Wales, the Australian Capital Territory, Victoria, Tasmania and South Australia. He provides training to a variety of clients including contractors and Authorised Nominating Authorities’ staff. He will also talk to you about the Adjudicators’ Forum if asked.
CPD 5 October 2021 The seventh in our 2021/2022 series of one hour CPD Events for Adjudicators will be held on 5 October 2021 commencing at 5:15pm sharp (Brisbane time). This session, will be in the capable hands of William Koitka and Christopher Taylor. It considers the dilemma that adjudicators can sometimes face when they identify a position that gives rise to a statutory right to a payment claim that has not been the subject of the submissions of either party. Such a situation may arise on the consideration on the terms of the contract as a whole, or on certain terms (or the absence of certain terms) that have (or have not) been raised by either party. This session will be conducted as a debate between William Koitka, Director of Koicon Pty Ltd and Christopher Taylor, Barrister-at-Law and also a licenced Open builder in Qld. He has been a lawyer now for 20 years and with the benefit of the prior 20 years as a builder he specialises in construction law, particularly litigation and security of payment adjudication. He is also a Senior Adjudicator dealing with this legislation since its inception in 2004. He brings to this discussion his wealth of experience in the construction industry in contract administration as well as his experience in dealing with contract disputes arising out of poorly drafted contract documents. William (Bill) Koitka is a Project Director with over 20 years experience managing large construction projects in the Australian Mining industry. Bill’s qualifications are Mechanical Engineer and a Master in Applied Law. He has been an adjudicator in Queensland for the past 5 years and has had the distinct pleasure of Christopher Taylor as his mentor during this time. Bill brings to this discussion what he believes is a common view on the role of an adjudicator as seen by contractors seeking payment.Participants will be presented with a scenario before the session which will be used to establish the issues to be debated.
CPD 2 November 2021 The eighth in our 2021/2022 series of one hour CPD Events for Adjudicators will be held on 2 November 2021 commencing at 5:15pm sharp (Brisbane time). This session is for Adjudicator’s Questions on Notice. This session is aimed at addressing whatever it is you would like to raise. If anyone would like to register free of charge then all you have to do is submit a meaningful question before 12 October 2021 and we will register you for the event. Depending on the number of questions raised our panel (Warren Fischer and Christopher Taylor) may not get to them all at this session but we will get to them. Alternatively, registrations for this event are now open in the usual way.
CPD 30 November 2021 The ninth in our 2021/2022 series of one hour CPD Events for Adjudicators will be held on 30 November 2021 commencing at 5:15pm sharp (Brisbane time). Identify theft, intellectual property, commercial-in-confidence information and personal data are things about which adjudicators and regulators in all jurisdictions are developing an awareness because of the possible consequences of their roles. ANONYMISATION is something that adjudicators are likely to hear more about and need to address for their own sake and the sake of parties. The NSW Supreme Court has an interesting paper on anonymisation if you wish to read about the concerns and the ways we might all think about this. Lyndon White will present and lead a for and against discussion on ANONYMISATION at this CPD event. Lyndon White is a registered Adjudicator in Qld, NT and WA, accredited mediator in Australia and PNG and regularly engages in ADR in Australia and overseas. Lyndon commenced working in the construction industry in 1986 and studied civil engineering before becoming an ADR practitioner in 2005 and completing post-graduate studies in law. He has a Juris Doctor degree with specialist studies in modern slavery legislation, space law, UNIDROIT principles and performance securities and is due to complete a Masters degree in Engineering Management in late 2021. He has worked across Australia and internationally under standard form and bespoke relationship and hard dollar contracting mechanisms, is a member of the FIDIC integrity management committee (2020-2024) and is also a member of a FIDIC task group regarding collaborative contracting. Registrations will open once the preceding CPD event details are finalised.
CPD 18 January 2022 will be the tenth CPD event in our 2021/2022 series of one hour CPD Events for Adjudicators, commencing at 5:15pm sharp (Brisbane time). This session addresses the ever-present problem for both low mileage and experienced adjudicators on how to deal with:
• unsophisticated and/or unrepresented parties;
• unsolicited submissions;
• unresponsive parties;
• gaps in evidence;
• when and when not to request submissions;
• when and when not to respond to correspondence;
• excessive submissions:
– r17 of the Regulations; and
– s88(4) of the BIFA;
• paucity of valuations and so on.
The intent is to build on the matters presented in the Certificate of Adjudication course to add another layer to the practical and procedural considerations of adjudicating. The session will be conducted by Ms Jo Jeisman and Dr Dalma Demeter. Jo is an adjudicator in Queensland, Victoria and New South Wales. Dalma is an adjudicator in Queensland and an international arbitration specialist. If you have any nuts and bolts questions or issues on this or any other topic please email them to email@example.com.
CPD 15 February 2022 – 11th in our 2021/2022 series of CPD Events for Adjudicators commencing at 5:15pm sharp (Brisbane time).
Rosemarie Risgalla and Ted Smithies will present and lead discussion on some of the Adjudicator Challenges in Security of Payment Adjudication. Rosemarie and Ted are both experienced adjudicators and dispute avoidance/resolution specialists. They are Directors of Value Network (https://www.valuenetwork.biz). As Rosemarie and Ted point out, all Australian jurisdictions have some form of Security of Payment legislation in place. While the positive impact of Security of Payment legislation continues, there are ongoing challenges in that the adjudication process has increased in complexity to the point where smaller players still find the process intimidating and are deterred from making an adjudication application on disputed claims. There is increased complexity in evaluating submissions made by the parties and increased effort required in the determination of applications by adjudicators. Rosemarie and Ted examine some of the complex issues that need to be considered and the current challenges for adjudicators which need to be considered in the limited time they have available to complete a determination/decision.
CPD 15 March 2022 – 12th in our 2021/2022 series of CPD Events for Adjudicators commencing at 5:15pm sharp (Brisbane time) addressing particular Supreme Court judgments relevant to the 2021/2022 year. The program (subject to necessary changes:
Christopher Taylor – 5:15: Beno Excavations v Harlech (No 2)  ACTSC 296
Susan Leech – 5:25: Parliament Square Hobart Landowner v Tonkin  TASSC 30
Jonathan Smith – 5:35: RHG Construction Fitout and Maintenance Pty Ltd v Kangaroo Point Developments MP Property Pty Ltd & Ors  QCA 117
Christopher Taylor – 5:45: Iridium Developments v A-Civil  NSWSC 1601; EQ Constructions v A-Civil  NSWSC 1604
David Campbell-Williams – 5:55: Crown Green Square Pty Ltd v Transport for NSW  NSWSC 1557
Panel – Wrap Up for 2021-2022 CPD Year – 6:05
PAST EVENTS 2020/2021 CPD YEAR
The 3rd in our 2020/2021 series of one hour CPD Events for Adjudicators was held on 6 October 2020. The Session was directed to Service of Documents for the purpose of the Building Industry Fairness (Security of Payment) Act 2017. The Presentation and Q&A was led by Kyle Trattler from leading law firm Carter Newell. All of the feedback has been very positive – thanks to Kyle.
The 4th in our 2020/2021 series of one hour CPD Events for Adjudicators was held on 27 October 2020. The session dealt with Ethics for Adjudicators – Good Faith and Natural Justice led by Christopher Taylor, Barrister, from Trinity Chambers in Cairns. Yet again the participants have given high praise for the presentation.
The 5th in our 2020/2021 series of one hour CPD Events for Adjudicators was held on 17 November 2020. The Session addressed Estoppel for Adjudicators – common law vs equitable estoppel, issue estoppel and re-agitation of claims. The Presentation and Q&A was led by Jeremy Cotter, a Partner in leading Toowoomba law firm Jensen and Co Lawyers. Once again, nothing but positive feedback.
The 7th in our 2020/2021 series of one hour CPD Events for Adjudicators will be held on 19 January 2021 commencing at 5:15pm sharp. The session deals with the Requirements (if any) for Payment Claims and Adjudication Applications to meet Contractual Pre-Conditions. The session is directed to Adjudicators operating under the Building Industry Fairness (Security of Payment) Act 2017. The Presentation and Q&A will by led by Mark Williams, Barrister at Law, Brisbane. Mark’s general practice is in commercial litigation and he is well known for his expertise in the law and issues in relation to Construction & Engineering Law. Mark is the author of Building Contracts & Regulation Queensland, a contributing author to the Lexis Nexis online service Lexis Nexis Regulatory Compliance – Building and Construction Module and is a Sessional Academic & Unit Co-ordinator at the Queensland University of Technology Faculty of Law; where he teaches the subject Construction and Engineering Law as part of the University’s Master of Laws Programme.
The 8th in our 2020/2021 series of one hour CPD Events for Adjudicators will be held on 9 February 2021 commencing at 5:15pm sharp. The session deals with Adjudicating Payment Claims for Delay and Disruption Costs, and the Application of Liquidated Damages. There are significant differences between Australia jurisdictions in relation to dealing with time related costs. This session is directed to Adjudicators operating under the Building Industry Fairness (Security of Payment) Act 2017. The Presentation and Q&A will be led by Barry Tozer. Barry is the principal of Sydney based Tozer & Associates Pty Limited. Barry is one of Australia’s most experienced and respected Chartered Arbitrators. He is also a Chartered Engineer, Adjudicator & Dispute Board Member. It will come as no surprise that Barry is a Master of Engineering, Master of Construction Law, FIEAust CPEng, FCIArb and FIAMA.
The 9th in our 2020/2021 series of one hour CPD Events for Adjudicators was held on 2 March 2021. The session addressed Interpreting Contracts and the Law of Contract. Adjudicators in all jurisdictions are confronted with contracts of all shapes and sizes, simple and complex, customary to bizarre. The existence of a construction contract to which the BIF applies is not only an essential requirement for a valid Decision, section 88 requires the Adjudicator to consider the provisions of the relevant construction contract. The session was led by Noel Jensen, Partner inleading law firm Jensen and Co Lawyers, Toowoomba. Noel has more than 30 years of legal experience and is a Level 2 Adjudicator. Noel established Jensen & Co Lawyers in 1993 and for more than two decades has developed a reputation as a leader in commercial and construction law. Noel is a Board Member of the Legal Practitioners Admissions Board, a Member of the Queensland Law Society Construction and Infrastructure Committee, and a Board Member of Tennis Queensland. Noel is not only familiar with contests in courts of law – his achievements include playing at Roland Garros in the French Open. The feedback and level of participation demonstrated the quality of Noel’s presentation.
The 10th in our 2020/2021 series of one hour CPD Events for Adjudicators will be held on 23 March 2021 commencing at 5:15pm sharp. This will be the last of our CPD Events for the 2020/2021 CPD Year. Our next event will be in April 2021 but it is for the 2021/2022 CPD Year. In light of judgments such as Watpac v CGM  VSC 637; Punton’s Shoes v Cit-Con (Vic)  VSC 414; SHA Premier Construction v Niclin Constructions  QSC 307; and EHome Construction v GCB Constructions  QSC 291, it is timely for this session to address Retention and Security. This is the third session covering valuation for Adjudicators but the session also addresses the Adjudicator’s jurisdiction to deal with performance security provided under construction contracts. This session is directed to Adjudicators operating under the Building Industry Fairness (Security of Payment) Act 2017. The Presentation and Q&A will be led by Warren Fischer. Warren has in excess of 30 years of international experience in Civil and Structural Engineering in the fields of building, mining, roadworks, bridge and civil construction. He has been involved in a wide range of engineering activities including feasibility studies, design, construction management, project management and contract administration. Warren now actively practices in dispute resolution disciplines as a leading Australian Arbitrator and Adjudicator. He also conducts conciliations, expert determinations and mediations. Warren is Managing Director of Alternative Dispute Resolution Services Pty Ltd, Past President of the Institute of Arbitrators and Mediators Australia and a Member of the Dispute Resolution Board Foundation.
Certificate In Adjudication
The 2022 Course for the Certificate in Adjudication will be held on 11, 12 and 13 July 2022. The 2022 Course Outline and Application provide details of the work likely to be involved in the course. If you would like to register an interest in attending the next Certificate course please complete an application. This does not obligate you to proceed or pay. If you application is successful an offer of a place will be made for you to consider.