Continuing Professional Development For Adjudicators

The 3rd in our 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 series of one hour CPD Events for Adjudicators will be held on 27 October 2020 commencing at 5:15pm sharp. Ethics for Adjudicators – Good Faith and Natural Justice. The Session is directed to the requirements of the Continuing Professional Development for Adjudicators Policy for the purpose of the Building Industry Fairness (Security of Payment) Act 2017. The Presentation and Q&A will be led by Christopher Taylor from Trinity Chambers in Cairns . Chris is not only a highly respected Barrister but he has worked in the construction industry in Australia and South East Asia in the employ of some of the largest contractors. His work has included estimating, contract administration, site management, project coordination and development management and this breadth and width of experience is evident in his practice as a Barrister, as an adjudicator under the former Building and Construction Industry Payments Act 2004 and now as an adjudicator under the Building Industry Fairness (Security of Payment) Act 2017. Many adjudicators will recall his presentation at our first CPD Event in this series in which Chris dealt with Decision Making, Decision Writing and the Giving of Reasons. It was clear from that presentation that Chris maintains a focus on and passion for alternative dispute resolution, particularly arbitration, conciliation and adjudication.  Chris is an accredited mediator, arbitrator and registered adjudicator. The 27 October 2020 Event addresses one of the Core CPD Units.

The 5th in our series of one hour CPD Events for Adjudicators will be held on 17 November 2020 commencing at 5:15pm sharp. The Session is directed to Estoppel for Adjudicators – common law vs equitable estoppel, issue estoppel and re-agitation of claims for the purpose of the Continuing  Professional  Development for Adjudicators under the Building Industry Fairness (Security of Payment) Act 2017. The Presentation and Q&A will be led by Jeremy Cotter, a Partner in leading Toowoomba law firm Jensen and Co Lawyers.  Jeremy is a solicitor of the Supreme Court of Queensland and an adjudicator under the Building Industry Fairness (Security for Payment) Act 2017. He is primarily involved in the firm’s practice area of building, construction and commercial litigation which includes contract preparation and construction, building disputes, adjudication, and dealings with QCAT.

The 6th in our series of one hour CPD Events for Adjudicators will be held on 8 December 2020 commencing at 5:15pm sharp. The session deals with the Adjudicator’s Jurisdiction and Jurisdictional Error for Adjudicators operating under the Building Industry Fairness (Security of Payment) Act 2017. The Presentation and Q&A will by led by Chris Lenz BSc Eng LLB (Hons) MBA LLM. Chris is the Principal of Leading Engineering and Construction specialist law firm Lenz Moreton. Chris is a solicitor of the Supreme Court of Queensland and High Court of Australia. He has practiced as a Chartered Professional Engineer overseas and in Australia, is a  Registered Senior Adjudicator, Arbitrator and he is a Nationally Accredited Mediator.

The 7th in our 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.

In recognition of Adjudicator’s participation in our CPD Series making the concept a success, the 19 January 2021 event will be free for those who register before Christmas 2020. Registration after that date will be the usual $72 including GST.

The 8th in our 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 series of one hour CPD Events for Adjudicators will be held on 2 March 2021 commencing at 5:15pm sharp. The session addresses 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.  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 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 10th in our 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 [2020] VSC  637; Punton’s Shoes v Cit-Con (Vic) [2020] VSC 414; SHA Premier Construction v Niclin Constructions [2020]  QSC 307; and EHome Construction v GCB Constructions [2020] 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 2020 Training Course for the Certificate in Adjudication under the Building Industry Fairness (Security of Payment) Regulation 2018 was held in July and August. It is not expected that the next course for the Certificate in Adjudication will be held before mid 2021. The 2020 Course Outline will give some indication as to the work you can expect in the next course. Email us to express your interest in the next course.