Certificate In Adjudication

The 2021 course for the Certificate in Adjudication will be held on 11, 12 and 13 May 2021. The 2021 Course Outline and Application provide an indication as to the work involved and the course fee for both those who wish to attend for CPD purposes only and for those who wish to attend with the intention of attempting to qualify for the Certificate in Adjudication. Registration will not be available on line as it is for CPD events but the 2021 Course Outline and Application include details of the application process. Applications close on 3 May 2021.

Continuing Professional Development For Adjudicators (Scroll through for past and future CPD events)

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 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 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 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 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 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.

STILL TO COME FOR THE 2020/2021 CPD YEAR

NOTE: RICS Dispute Resolution Service asked us to let you know about their CPD event on 16 March 2020. Contact Alison Mahoney direct at RICS DRS Brisbane office for details to to register (07 3218 1229). Places are filling quickly.

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.

UPCOMING FOR THE 2021/2022 CPD YEAR

The first in our series of one hour CPD Events for Adjudicators for the 2021/2022 CPD year will be held on 20 April 2021 commencing at 5:15pm sharp (Brisbane time). The subject matter for the first 2021 CPD year 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”, as a partner in several Law Firms, as an IAMA 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.

The second in our series of one hour CPD Events for Adjudicators for the 2021/2022 CPD year will be held on 18 May 2021 commencing at 5:15pm sharp (Brisbane time). The session will be led by Robert Sundercombe, principal of Outcome Management Pty Ltd. Robert will delve into payment schedules, adjudication responses and reasons for withholding payment which are at the heart of every contested payment claim referred to adjudicators. Robert is an electrical engineer with over 40 years experience in the construction industry in Australia and overseas. Robert has been an adjudicator since 2003 and now practices in Queensland, New South Wales, the Australian Capital Territory, Victoria, Tasmania and South Australia. 

Certificate In Adjudication

The 2021 course for the Certificate in Adjudication will be held on 11, 12 and 13 May 2021. The 2021 Course Outline and Application provide an indication as to the work involved and the course fee for both those who wish to attend for CPD purposes only and for those who wish to attend with the intention of attempting to qualify for the Certificate in Adjudication. Registration will not be available on line as it is for CPD events but the 2021 Course Outline and Application include details of the application process. Applications close on 3 May 2021.