Based on the V601 v Probuild case decided in the Victorian Supreme Court in December 2021, Ben McLeod presented this talk in Melbourne in February 2023. Ben was part of the team who acted successfully for Probuild in this matter and outlines a range of complex issues, including how Principals and Superintendents should ensure that a contractor’s claims are assessed fairly; the consequences that can flow from the Superintendent's independence having been compromised; and the Court’s approach to ‘constructive acceleration’ claims.   Ben McLeod Partner at Piper Alderman, Melbourne. https://www.linkedin.com/in/ben-mcleod-99a0b951/ Ben is a strategic advisor across all stages of the project lifecycle, from procurement and contract administration through to dispute resolution and avoidance. He has particular expertise in the strategic management and resolution of complex disputes, having acted for principals, contractors and consultants on major infrastructure projects in Australia and internationally. He has assisted clients across a range of industries, including transport, utilities, property development and power (renewable and non-renewable). In 2022, Ben was listed by Doyle’s Guide as a recommended ‘back end’ Construction and Infrastructure lawyer in Victoria. He was also named as a ‘Rising Star’ by Doyle’s Guide in 2021.   This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

Based on the V601 v Probuild case decided in the Victorian Supreme Court in December 2021, Ben McLeod presented this talk in Melbourne in February 2023. Ben was part of the team who acted successfully for Probuild in this matter and outlines a range of complex issues, including how Principals and Superintendents should ensure that a contractor’s claims are assessed fairly; the consequences that can flow from the Superintendent's independence having been compromised; and the Court’s approach to ‘constructive acceleration’ claims. Ben McLeod Partner at Piper Alderman, Melbourne. <a href="https://www.linkedin.com/in/ben-mcleod-99a0b951/" rel="nofollow" target="_blank">https://www.linkedin.com/in/ben-mcleod-99a0b951/</a> Ben is a strategic advisor across all stages of the project lifecycle, from procurement and contract administration through to dispute resolution and avoidance. He has particular expertise in the strategic management and resolution of complex disputes, having acted for principals, contractors and consultants on major infrastructure projects in Australia and internationally. He has assisted clients across a range of industries, including transport, utilities, property development and power (renewable and non-renewable). In 2022, Ben was listed by Doyle’s Guide as a recommended ‘back end’ Construction and Infrastructure lawyer in Victoria. He was also named as a ‘Rising Star’ by Doyle’s Guide in 2021. This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

A Case Study: Superintendent's Duties, Delay Methodologies, Acceleration and more

Stepping back from a process to see the complex interactions happening between all of the parties can lead to insights that could prevent potentially catastrophic consequences. The failure of a pedestrian bridge at Florida International University led to 6 fatalities. In this talk, Sean explore the failures in the design, peer review and construction phases of the project, and the need for investigations to look into organisational causes of failure as well as the technical causes.   Sean Brady, Managing Director, Brady Heywood Pty Ltd https://www.linkedin.com/in/sean-brady-11a95427/ If you’d like to learn more about complexity then be sure and check out Sean’s Simplifying Complexity Podcast at: Apple Podcasts:  https://podcasts.apple.com/au/podcast/simplifying-complexity/id1651582236  Spotify:  https://open.spotify.com/show/3SfqApqNW3wNXcg2E7etij   This podcast is for reference purposes only.  It does not constitute legal advice and should not be relied upon as such.  You should always obtain legal advice about your specific circumstances.  The views expressed in these podcasts are the speakers' own.  They should not be taken as recommendations of the Society of Construction Law Australia.

Stepping back from a process to see the complex interactions happening between all of the parties can lead to insights that could prevent potentially catastrophic consequences. The failure of a pedestrian bridge at Florida International University led to 6 fatalities. In this talk, Sean explore the failures in the design, peer review and construction phases of the project, and the need for investigations to look into organisational causes of failure as well as the technical causes. Sean Brady, Managing Director, Brady Heywood Pty Ltd <a href="https://www.linkedin.com/in/sean-brady-11a95427/" rel="nofollow" target="_blank">https://www.linkedin.com/in/sean-brady-11a95427/</a> If you’d like to learn more about complexity then be sure and check out Sean’s Simplifying Complexity Podcast at: Apple Podcasts:  <a href="https://podcasts.apple.com/au/podcast/simplifying-complexity/id1651582236" rel="nofollow" target="_blank">https://podcasts.apple.com/au/podcast/simplifying-complexity/id1651582236</a> Spotify:  <a href="https://open.spotify.com/show/3SfqApqNW3wNXcg2E7etij" rel="nofollow" target="_blank">https://open.spotify.com/show/3SfqApqNW3wNXcg2E7etij</a> This podcast is for reference purposes only.  It does not constitute legal advice and should not be relied upon as such.  You should always obtain legal advice about your specific circumstances.  The views expressed in these podcasts are the speakers' own.  They should not be taken as recommendations of the Society of Construction Law Australia.

Complexity Theory - How It Can Help Us Think About Risk In Construction

Is the Australian industry’s Standard Form broken? If so, why and can it be fixed? The training and learning involved to build confidence in a new industry contract should be considered when making changes. Scott Alden presents his talk “When opportunity knocks: Is NEC4 the Answer to Australia’s Broken Standard form ?” This talk was voted by attendees as one of the Top 3 highlights of our national conference “Getting Risk Right”, held in Hobart, Tasmania in May 2022.  Scott Alden, Partner - Construction Team (Sydney), HWL Ebsworth Lawyers https://www.linkedin.com/in/scott-alden-5884432b/ HWL Edsworth Lawyers https://hwlebsworth.com.au/ The Australian independent commercial law firm of choice for market leading expertise and exceptional value. This podcast is for reference purposes only.  It does not constitute legal advice and should not be relied upon as such.  You should always obtain legal advice about your specific circumstances.  The views expressed in these podcasts are the speakers' own.  They should not be taken as recommendations of the Society of Construction Law Australia.

Is the Australian industry’s Standard Form broken? If so, why and can it be fixed? The training and learning involved to build confidence in a new industry contract should be considered when making changes. Scott Alden presents his talk “When opportunity knocks: Is NEC4 the Answer to Australia’s Broken Standard form ?” This talk was voted by attendees as one of the Top 3 highlights of our national conference “Getting Risk Right”, held in Hobart, Tasmania in May 2022. Scott Alden, Partner - Construction Team (Sydney), HWL Ebsworth Lawyers <a href="https://www.linkedin.com/in/scott-alden-5884432b" rel="nofollow" target="_blank">https://www.linkedin.com/in/scott-alden-5884432b/</a> HWL Edsworth Lawyers <a href="https://hwlebsworth.com.au/" rel="nofollow" target="_blank">https://hwlebsworth.com.au/</a> The Australian independent commercial law firm of choice for market leading expertise and exceptional value. This podcast is for reference purposes only.  It does not constitute legal advice and should not be relied upon as such.  You should always obtain legal advice about your specific circumstances.  The views expressed in these podcasts are the speakers' own.  They should not be taken as recommendations of the Society of Construction Law Australia.

Is NEC4 the Answer to Australia’s Broken Standard form ?

The past, present and future of collaborative contracting models. One of the audience-selected highlights of our national conference “Getting Risk Right”, held in Hobart, Tasmania in May 2022. Sean Kelly and Yazmin Judd focus on the results of an anonymous industry survey which was completed by public and private sector employees, lawyers, engineers, consultants, contractors and subcontractors. Sean Kelly, Special Counsel https://www.linkedin.com/in/sean-kelly-450296a4/ Sean is a commercial lawyer specialising in the construction and infrastructure sectors. He acts for local and international clients regarding claims and dispute resolution on complex construction and infrastructure projects. Sean is also a guest lecturer at the University of Melbourne, and presents at seminars and conferences on developments in the construction and infrastructure sectors. Yazmin Judd, Lawyer https://www.linkedin.com/in/yazmin-judd-b3b049149/ Clayton Utz https://www.claytonutz.com/ Clayton Utz is a leading Australian law firm with a confident and engaging approach, and a genuine commitment to client service. This podcast is for reference purposes only.  It does not constitute legal advice and should not be relied upon as such.  You should always obtain legal advice about your specific circumstances.  The views expressed in these podcasts are the speakers' own.  They should not be taken as recommendations of the Society of Construction Law Australia.

The past, present and future of collaborative contracting models. One of the audience-selected highlights of our national conference “Getting Risk Right”, held in Hobart, Tasmania in May 2022. Sean Kelly and Yazmin Judd focus on the results of an anonymous industry survey which was completed by public and private sector employees, lawyers, engineers, consultants, contractors and subcontractors. Sean Kelly, Special Counsel <a href="https://www.linkedin.com/in/sean-kelly-450296a4" rel="nofollow" target="_blank">https://www.linkedin.com/in/sean-kelly-450296a4/</a> Sean is a commercial lawyer specialising in the construction and infrastructure sectors. He acts for local and international clients regarding claims and dispute resolution on complex construction and infrastructure projects. Sean is also a guest lecturer at the University of Melbourne, and presents at seminars and conferences on developments in the construction and infrastructure sectors. Yazmin Judd, Lawyer <a href="https://www.linkedin.com/in/yazmin-judd-b3b049149" rel="nofollow" target="_blank">https://www.linkedin.com/in/yazmin-judd-b3b049149/</a> Clayton Utz <a href="https://www.claytonutz.com/" rel="nofollow" target="_blank">https://www.claytonutz.com/</a> Clayton Utz is a leading Australian law firm with a confident and engaging approach, and a genuine commitment to client service. This podcast is for reference purposes only.  It does not constitute legal advice and should not be relied upon as such.  You should always obtain legal advice about your specific circumstances.  The views expressed in these podcasts are the speakers' own.  They should not be taken as recommendations of the Society of Construction Law Australia.

Collaborative Contracting - where are we now, and why ?

An exercise in highly paid lawyers dancing on the head of a pin. We deep dive into the roles the law, the lawyers and the courts played in this scandal. This wasn’t a case of a few bad apples, the whole system was stacked against the Subpostmasters. The system silenced, suppressed and hid information and nothing like justice was achieved. At some point the overriding duty to the court owed by lawyers got lost in a fog of protecting the client at all costs. The barrister acting for the Sub-postmasters, after reading internal Post Office legal advice from 2014, said “In my almost 30 years’ experience at the bar I have never come across information that has been so electrifying. It almost caused my teeth to fall out when I read it.” It took 20 years and a class action for Tracy Felstead to recover a mere £17,000 pounds for her wrongful conviction in 2001. And this story is far from over yet. The Solicitors Regulatory Authority is a core participant in the Post Office Horizon IT inquiry which is probing the in house and external lawyers for potential wrongdoing. Source Material Nick Wallis, ‘The Great Post Office Scandal’, 2021, Bath Publishing. Paul Marshall, ‘Failed Justice - how commercial interest displaced the interests of justice in the Post Office case’, 30 March 2022, Queen’s University Belfast, Institute of Legal Studies Disclaimer This podcast is for reference purposes only.  It does not constitute legal advice and should not be relied upon as such.  You should always obtain legal advice about your specific circumstances.  The views expressed in these podcasts are the speakers' own.  They should not be taken as recommendations of the Society of Construction Law Australia

An exercise in highly paid lawyers dancing on the head of a pin. We deep dive into the roles the law, the lawyers and the courts played in this scandal. This wasn’t a case of a few bad apples, the whole system was stacked against the Subpostmasters. The system silenced, suppressed and hid information and nothing like justice was achieved. At some point the overriding duty to the court owed by lawyers got lost in a fog of protecting the client at all costs. The barrister acting for the Sub-postmasters, after reading internal Post Office legal advice from 2014, said “In my almost 30 years’ experience at the bar I have never come across information that has been so electrifying. It almost caused my teeth to fall out when I read it.” It took 20 years and a class action for Tracy Felstead to recover a mere £17,000 pounds for her wrongful conviction in 2001. And this story is far from over yet. The Solicitors Regulatory Authority is a core participant in the Post Office Horizon IT inquiry which is probing the in house and external lawyers for potential wrongdoing. Source Material Nick Wallis, ‘The Great Post Office Scandal’, 2021, Bath Publishing. Paul Marshall, ‘Failed Justice - how commercial interest displaced the interests of justice in the Post Office case’, 30 March 2022, Queen’s University Belfast, Institute of Legal Studies Disclaimer This podcast is for reference purposes only.  It does not constitute legal advice and should not be relied upon as such.  You should always obtain legal advice about your specific circumstances.  The views expressed in these podcasts are the speakers' own.  They should not be taken as recommendations of the Society of Construction Law Australia

The role of the Legal System in Failures - The UK Post Office Scandal (Part 3)

In the opening I introduced that the Horizon software was the main deliverable of a billion pound PFI project let by the Post Office. The contract was awarded in May 1996 to Fujitsu who won the job because of their winning offer to bear the software development costs in exchange for 8 years guaranteed transaction fee every time a customer of the Department of Social Service used their new swipe card in a Post Office. It doesn’t take long for the deal and the software to go off the rails. How on earth did this come about and why is it such a hard lesson for us to learn that it can be the technology at fault, not user error. Source Material Nick Wallis, ‘The Great Post Office Scandal’, 2021, Bath Publishing. Paul Marshall, ‘Failed Justice - how commercial interest displaced the interests of justice in the Post Office case’, 30 March 2022, Queen’s University Belfast, Institute of Legal Studies Disclaimer This podcast is for reference purposes only.  It does not constitute legal advice and should not be relied upon as such.  You should always obtain legal advice about your specific circumstances.  The views expressed in these podcasts are the speakers' own.  They should not be taken as recommendations of the Society of Construction Law Australia.

In the opening I introduced that the Horizon software was the main deliverable of a billion pound PFI project let by the Post Office. The contract was awarded in May 1996 to Fujitsu who won the job because of their winning offer to bear the software development costs in exchange for 8 years guaranteed transaction fee every time a customer of the Department of Social Service used their new swipe card in a Post Office. It doesn’t take long for the deal and the software to go off the rails. How on earth did this come about and why is it such a hard lesson for us to learn that it can be the technology at fault, not user error. Source Material Nick Wallis, ‘The Great Post Office Scandal’, 2021, Bath Publishing. Paul Marshall, ‘Failed Justice - how commercial interest displaced the interests of justice in the Post Office case’, 30 March 2022, Queen’s University Belfast, Institute of Legal Studies Disclaimer This podcast is for reference purposes only.  It does not constitute legal advice and should not be relied upon as such.  You should always obtain legal advice about your specific circumstances.  The views expressed in these podcasts are the speakers' own.  They should not be taken as recommendations of the Society of Construction Law Australia.

Learning from IT Failures: Horizon, Bugs, and Chinooks - The UK Post Office Scandal (Part 2)

The UK Post Office Scandal – Megaprojects, IT Systems and the Law This story is about the most widespread miscarriage of justice in English history. The scale of this story exceeds the witch trials of the 16th and 17th century. This story is relevant to every construction lawyer in Australia because it is a story rooted in how we deliver major projects, how we think about technology and its reliability and how we compromise our fundamental obligation as lawyers to act in the best interests of the law. This story will make you shake your head in disbelief. But as you listen to it, you need to keep in mind, all the way through, that there were lawyers, just like you and me, doing what they thought was their job. And this story is about regular people who worked for and ran Post Offices all across the UK who were prosecuted for theft by the Post Office after the launch of the Post Offices’ first digital system, called Horizon. Almost 700 people were successfully prosecuted for theft by the Post Office. But they hadn’t don’t it and it took 20 years to prove their innocence. Source MaterialNick Wallis, ‘The Great Post Office Scandal’, 2021, Bath Publishing. Paul Marshall, ‘Failed Justice - how commercial interest displaced the interests of justice in the Post Office case’, 30 March 2022, Queen’s University Belfast, Institute of Legal Studies Disclaimer This podcast is for reference purposes only.  It does not constitute legal advice and should not be relied upon as such.  You should always obtain legal advice about your specific circumstances.  The views expressed in these podcasts are the speakers' own.  They should not be taken as recommendations of the Society of Construction Law Australia.

The UK Post Office Scandal – Megaprojects, IT Systems and the Law This story is about the most widespread miscarriage of justice in English history. The scale of this story exceeds the witch trials of the 16th and 17th century. This story is relevant to every construction lawyer in Australia because it is a story rooted in how we deliver major projects, how we think about technology and its reliability and how we compromise our fundamental obligation as lawyers to act in the best interests of the law. This story will make you shake your head in disbelief. But as you listen to it, you need to keep in mind, all the way through, that there were lawyers, just like you and me, doing what they thought was their job. And this story is about regular people who worked for and ran Post Offices all across the UK who were prosecuted for theft by the Post Office after the launch of the Post Offices’ first digital system, called Horizon. Almost 700 people were successfully prosecuted for theft by the Post Office. But they hadn’t don’t it and it took 20 years to prove their innocence. Source MaterialNick Wallis, ‘The Great Post Office Scandal’, 2021, Bath Publishing. Paul Marshall, ‘Failed Justice - how commercial interest displaced the interests of justice in the Post Office case’, 30 March 2022, Queen’s University Belfast, Institute of Legal Studies Disclaimer This podcast is for reference purposes only.  It does not constitute legal advice and should not be relied upon as such.  You should always obtain legal advice about your specific circumstances.  The views expressed in these podcasts are the speakers' own.  They should not be taken as recommendations of the Society of Construction Law Australia.

The Witch Trial of our Times - UK Post Office Scandal (Part 1)

Natalie Galea

Valuable insights into the health and wellbeing of those working in the Australian construction industry and what legal practitioners can do to improve the status quo. Dr. Natalie Galea presents the keynote for our 2022 national conference “ Getting Risk Right”, held in Hobart, Tasmania in May 2022. Fully titled “I would like to see my son more than I see my site manager: tackling human rights risks in the Australian construction sector”. Dr. Galea outlines her industry research project into employment and workplace cultures within the construction industry. Highlighting dramatic statistics about the current shortfall in recruitment for major infrastructure projects, she presents findings from her own industry study on the positives effects of changes to entrenched working practices.   Dr Natalie Galea on LinkedIn: https://www.linkedin.com/in/nataliegalea/ Natalie Galea’s research focuses on gender equality and human rights in the Australian construction sector, and human rights and athlete abuse in elite sport.  She developed Cultivate Sponsorship, a one of a kind sponsorship program to fix male dominated sectors. If you would like more information about Cultivate, sponsorship and it's effectiveness, contact me or check out www.cultivatesponsorship.com. Before she studied the construction sector, she worked in it. Natalie spent 15 years delivering building, civil, defence and mining projects in Australia and the Middle East and North Africa.  This podcast is for reference purposes only.  It does not constitute legal advice and should not be relied upon as such.  You should always obtain legal advice about your specific circumstances.  The views expressed in these podcasts are the speakers' own.  They should not be taken as recommendations of the Society of Construction Law Australia.

Valuable insights into the health and wellbeing of those working in the Australian construction industry and what legal practitioners can do to improve the status quo. Dr. Natalie Galea presents the keynote for our 2022 national conference “ Getting Risk Right”, held in Hobart, Tasmania in May 2022. Fully titled “I would like to see my son more than I see my site manager: tackling human rights risks in the Australian construction sector”. Dr. Galea outlines her industry research project into employment and workplace cultures within the construction industry. Highlighting dramatic statistics about the current shortfall in recruitment for major infrastructure projects, she presents findings from her own industry study on the positives effects of changes to entrenched working practices. Dr Natalie Galea on LinkedIn: <a href="https://www.linkedin.com/in/nataliegalea" rel="noopener nofollow" target="_blank">https://www.linkedin.com/in/nataliegalea/</a> Natalie Galea’s research focuses on gender equality and human rights in the Australian construction sector, and human rights and athlete abuse in elite sport.  She developed Cultivate Sponsorship, a one of a kind sponsorship program to fix male dominated sectors. If you would like more information about Cultivate, sponsorship and it's effectiveness, contact me or check out <a href="http://www.cultivatesponsorship.com/" rel="noopener nofollow" target="_blank">www.cultivatesponsorship.com</a>. Before she studied the construction sector, she worked in it. Natalie spent 15 years delivering building, civil, defence and mining projects in Australia and the Middle East and North Africa.  This podcast is for reference purposes only.  It does not constitute legal advice and should not be relied upon as such.  You should always obtain legal advice about your specific circumstances.  The views expressed in these podcasts are the speakers' own.  They should not be taken as recommendations of the Society of Construction Law Australia.

Tackling Human Rights Risks in the Australian Construction Sector. 2022 Conference Keynote by Dr. Natalie Galea

For those who missed it, this podcast is a recording of our recent webinar featuring Kiri Parr, Tony Barry and Rob Nelson-Williams. In it, they discuss the internationally renowned and widely used FIDIC suite of Contracts and their potential for wider adoption in Australia. This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

For those who missed it, this podcast is a recording of our recent webinar featuring Kiri Parr, Tony Barry and Rob Nelson-Williams. In it, they discuss the internationally renowned and widely used FIDIC suite of Contracts and their potential for wider adoption in Australia. This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

FIDIC - Where the bloody hell are you?

Jon Davies, CEO of the Australian Constructors Association, discusses the significant challenges facing the construction industry and ACA's plan to help fix them. --- This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia

Jon Davies, CEO of the Australian Constructors Association, discusses the significant challenges facing the construction industry and ACA's plan to help fix them. --- This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia

Has the construction industry finally got a burning platform for change?

The Society of Construction Law Australia Podcast features industry and legal professionals discussing issues that are front of mind in the Australian construction sector, including content presented at our national events and conference, as well as industry interviews - find us on Twitter @SCLAust.This podcast is for reference purposes only.  It does not constitute legal advice and should not be relied upon as such.  You should always obtain legal advice about your specific circumstances.  The views expressed in these podcasts are the speakers' own.  They should not be taken as recommendations of the Society of Construction Law Australia.

The Society of Construction Law Australia Podcast features industry and legal professionals discussing issues that are front of mind in the Australian construction sector, including content presented at our national events and conference, as well as industry interviews - find us on Twitter @SCLAust. This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

SCL Australia Podcast

When an aircraft crashes, or there is a near-miss, the airline industry rushes to learn the lessons so as to keep planes flying safely across our skies. Why doesn’t the construction industry take the same approach to project failures? In this podcast, Jaclyn Smith is joined by her fellow SoCLA directors, Dr Sean Brady (Brady Heywood), Matthew Bell (Melbourne Law School) and Kara Vague (Downer) to discuss the human element in construction projects. We explore the role of lawyers in doing more than just getting the contracts right, and why Australia’s distrust of authority can help avert disasters on site. Connect with these SCL Australia Directors on Twitter (@SCLAust): Matthew Bell: @MelbConstrucLaw Dr Sean Brady: @BradyHeywood Kara Vague: @KaraVague Jaclyn Smith: @jaclynlindsay This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

When an aircraft crashes, or there is a near-miss, the airline industry rushes to learn the lessons so as to keep planes flying safely across our skies. Why doesn’t the construction industry take the same approach to project failures? In this podcast, Jaclyn Smith is joined by her fellow SoCLA directors, Dr Sean Brady (Brady Heywood), Matthew Bell (Melbourne Law School) and Kara Vague (Downer) to discuss the human element in construction projects. We explore the role of lawyers in doing more than just getting the contracts right, and why Australia’s distrust of authority can help avert disasters on site. Connect with these SCL Australia Directors on Twitter (@SCLAust): Matthew Bell: @MelbConstrucLaw Dr Sean Brady: @BradyHeywood Kara Vague: @KaraVague Jaclyn Smith: @jaclynlindsay This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

Episode 12 - Construction Project Failures: Will We Ever Learn?

If you have ever wondered whether your construction Contract can be varied by what happens on site, or how contractor claims are treated and whether your entire agreement clause is effective; this episode is for you. Michael Trim and Claire Schneider of Level Twenty Seven Chambers share their insights on these questions as well as recent developments in the law at an event which took place on 7 August 2019 at Ashurst in Brisbane. If you were unable to attend this event, be sure to check out SoCLA's website www.scl.org.au for news and to find out about upcoming events in your area.  Don't forget to also subscribe to the SCL Australia Podcast to be alerted when new episodes are available. We hope you enjoy Michael and Claire's presentation and look forward to bringing you further podcasts. This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

If you have ever wondered whether your construction Contract can be varied by what happens on site, or how contractor claims are treated and whether your entire agreement clause is effective; this episode is for you. Michael Trim and Claire Schneider of Level Twenty Seven Chambers share their insights on these questions as well as recent developments in the law at an event which took place on 7 August 2019 at Ashurst in Brisbane. If you were unable to attend this event, be sure to check out SoCLA's website <a href="http://www.scl.org.au" rel="noopener nofollow" target="_blank">www.scl.org.au</a> for news and to find out about upcoming events in your area.  Don't forget to also subscribe to the SCL Australia Podcast to be alerted when new episodes are available. We hope you enjoy Michael and Claire's presentation and look forward to bringing you further podcasts. This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

Episode 19: It All Changed On-Site. Or Did it…?

On Melbourne Cup Day in November 2017, the Society was fortunate to have Adrian Hughes QC of 39 Essex Chambers in London, attend to share lessons from success and failure in major construction projects including the New Berlin Airport, the Scottish Parliament and Wembley Stadium. The breakfast event, kindly hosted by Corrs Chambers Westgarth, drew a large crowd of industry professionals who gathered to hear Adrian speak on this interesting topic. For those who could not attend, this episode records Adrian's presentation in Brisbane. This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

On Melbourne Cup Day in November 2017, the Society was fortunate to have Adrian Hughes QC of 39 Essex Chambers in London, attend to share lessons from success and failure in major construction projects including the New Berlin Airport, the Scottish Parliament and Wembley Stadium. The breakfast event, kindly hosted by Corrs Chambers Westgarth, drew a large crowd of industry professionals who gathered to hear Adrian speak on this interesting topic. For those who could not attend, this episode records Adrian's presentation in Brisbane. This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

Episode 18 - Lessons from Success and Failure in Major Construction Projects

In October 2017, the Society was fortunate to have Philip Britton, visiting professor of King’s College in London and Senior fellow of Melbourne Law School attend at SoCLA events around Australia to present his paper, Trouble with the Neighbours: Construction, Disruption and Damages.   The events, which were kindly hosted by a variety of generous sponsors, drew many industry professionals who gathered to hear Philip’s insights into this issue. For those who could not attend, this episode records Philip’s first presentation of his paper in Brisbane. This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

In October 2017, the Society was fortunate to have Philip Britton, visiting professor of King’s College in London and Senior fellow of Melbourne Law School attend at SoCLA events around Australia to present his paper, Trouble with the Neighbours: Construction, Disruption and Damages.   The events, which were kindly hosted by a variety of generous sponsors, drew many industry professionals who gathered to hear Philip’s insights into this issue. For those who could not attend, this episode records Philip’s first presentation of his paper in Brisbane. This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

Episode 17 - Trouble with the Neighbours

Laws are supposed to keep things in order. How, then, do they get so complex that they cause headaches - or worse - for the construction industry? In this podcast, Jaclyn Smith is joined by her fellow SCL Australia directors, Matthew Bell (Melbourne Law School), Dr Sean Brady (Brady Heywood) and Laina Chan (3 Wentworth Chambers). They focus on construction industry security of payment laws: brought in to crack a seemingly simple nut of keeping cashflow moving, these laws have mutated into a multi-headed beast in Australia. There does, however, finally seem to be some hope that this monster might be tamed by way of a federal review being undertaken during 2017. Connect with these SCL Australia Directors on Twitter (@SCLAust): Matthew Bell: @MelbConstrucLaw Dr Sean Brady: @BradyHeywood Laina Chan: @LainaChan1 Jaclyn Smith: @jaclynlindsay This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

Laws are supposed to keep things in order. How, then, do they get so complex that they cause headaches - or worse - for the construction industry? In this podcast, Jaclyn Smith is joined by her fellow SCL Australia directors, Matthew Bell (Melbourne Law School), Dr Sean Brady (Brady Heywood) and Laina Chan (3 Wentworth Chambers). They focus on construction industry security of payment laws: brought in to crack a seemingly simple nut of keeping cashflow moving, these laws have mutated into a multi-headed beast in Australia. There does, however, finally seem to be some hope that this monster might be tamed by way of a federal review being undertaken during 2017. Connect with these SCL Australia Directors on Twitter (@SCLAust): Matthew Bell: @MelbConstrucLaw Dr Sean Brady: @BradyHeywood Laina Chan: @LainaChan1 Jaclyn Smith: @jaclynlindsay This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

Episode 11 - Construction Law: Fostering Harmony or Collisions?

Kiri Parr

In this episode of our podcast series, we meet Kiri Parr, Regional Legal Counsel, Arup, who presented at the recent Society of Construction Law Australia National Conference. The Conference brought together lawyers and construction industry professionals to discuss ‘Building Australia’s Future.’ Kiri speaks on the significant challenges of delivering successful projects and looks at some of the concurrent factors impacting our world. This includes how we use cities and buildings, the move from a labour to a knowledge economy, and the increase in collaboration and innovation. Kiri asks whether the business norms we have adopted as construction professionals are allowing lawyers to deliver advantages to our clients. Kiri notes that this includes adversarial contracting, market power, no standardisation, and the obsession with perfectionism as lawyers. Kiri posits that data analysis will drive efficiency in the future, and looks at ways that the construction industry and lawyers will need to work together to manage risks in this space. Kiri looks at what Toronto (Canada) and London (UK) is doing in the geotechnical engineering space, where borehole data is shared on a public database. This drives better risk management of geology, and is a space with opportunities for the Australian construction industry to improve. As Regional Legal Counsel for Arup, Kiri leads the delivery of legal services to the business in the region, which encompasses Australia, New Zealand, Singapore and Indonesia. Prior to joining Arup in 2005, Kiri worked for 10 years in private practice specialising in construction law.  Kiri has a Bachelor of Arts and Law is a graduate of the Australian Institute of Company Directors.   For more information please head to www.scl.org.au or find us on Twitter @SCLAust   This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

In this episode of our podcast series, we meet Kiri Parr, Regional Legal Counsel, Arup, who presented at the recent Society of Construction Law Australia National Conference. The Conference brought together lawyers and construction industry professionals to discuss ‘Building Australia’s Future.’ Kiri speaks on the significant challenges of delivering successful projects and looks at some of the concurrent factors impacting our world. This includes how we use cities and buildings, the move from a labour to a knowledge economy, and the increase in collaboration and innovation. Kiri asks whether the business norms we have adopted as construction professionals are allowing lawyers to deliver advantages to our clients. Kiri notes that this includes adversarial contracting, market power, no standardisation, and the obsession with perfectionism as lawyers. Kiri posits that data analysis will drive efficiency in the future, and looks at ways that the construction industry and lawyers will need to work together to manage risks in this space. Kiri looks at what Toronto (Canada) and London (UK) is doing in the geotechnical engineering space, where borehole data is shared on a public database. This drives better risk management of geology, and is a space with opportunities for the Australian construction industry to improve. As Regional Legal Counsel for Arup, Kiri leads the delivery of legal services to the business in the region, which encompasses Australia, New Zealand, Singapore and Indonesia. Prior to joining Arup in 2005, Kiri worked for 10 years in private practice specialising in construction law.  Kiri has a Bachelor of Arts and Law is a graduate of the Australian Institute of Company Directors.   For more information please head to <a href="http://www.scl.org.au/" rel="noopener nofollow" target="_blank">www.scl.org.au</a> or find us on Twitter @SCLAust This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

Episode 3 - Kiri Parr: Building The Better Pitch

Jaclyn Smith, Director of SCL Australia, interviews Andrew Stephenson (Partner at Corrs Chambers Westgarth) and Craig Macaulay (Executive Director at KordaMentha Forensic) on updates to predictive coding and technology assisted review, and what this means for construction disputes.   This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

Jaclyn Smith, Director of SCL Australia, interviews Andrew Stephenson (Partner at Corrs Chambers Westgarth) and Craig Macaulay (Executive Director at KordaMentha Forensic) on updates to predictive coding and technology assisted review, and what this means for construction disputes. This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

Episode 9 - Technology Assisted Review & Construction Disputes

On 14 June 2017, a shocked world watched a tragedy unfold in the west of London. When the smoke cleared from the fire at the Grenfell Tower, 71 people were found to have perished. Whilst the specific causes of the fire are still being investigated, there is no doubt that the recent installation of polyethylene-core façade cladding was a major contributor to its reduced survivability; in turn, the ability of that cladding to be installed is being seen as a significant failure of the regulatory system for the protection of building occupants. On 8 May 2018, Matthew Bell presented a paper to the Society of Construction Law in London. The paper was awarded the Hudson Prize for 2017, the construction law essay prize awarded by the Society. The title of the paper – ‘“How is that even possible?” Raising construction regulation from the ashes of Grenfell Tower’ reflects both the visceral reaction of the community that such a fire could happen in London in 2017, and the concerted efforts which are being made to reform the regulatory system so as to make it fit for the purpose of keeping residents safe. Matthew’s paper – which is available via www.scl.org.uk – explores the challenge for construction law regulation identified in the wake of the Grenfell disaster, and similar residential building fires around the world. At its heart, the challenge is to devise effective legal means by which dwellings can be built, and maintained, so that they remain safe for their residents. Achievement of this ambition may appear straightforward; however, the complex interplay of commercial, technical and legal pressures involved in modern urban developments means that the regulatory regime needs to be carefully calibrated. The paper examines the approach taken to re-thinking the regulatory system for residential building by reviews which have been instigated as a result of these fires, in the UK and Australia. Prominent amongst these reviews is that of Dame Judith Hackitt in the UK, which published its Interim Report in December 2017. This Report shows a clear intention towards an holistic reassessment of measures and philosophies which underpin the current regulatory regime, including performance-based specification. As the paper notes, a similar willingness to reassess regulatory strategies has been shown in Australia, with significant reforms recently enacted or in prospect. Matthew is a Senior Lecturer and Co-Director of Studies for Construction Law at Melbourne Law School. He is also Chair of the Academic Subcommittee of the Society of Construction Law Australia. His paper was delivered to a full house at the National Liberal Club in Whitehall. Follow SCL Australia on Twitter: @SCLAust Follow Matthew Bell on Twitter: @MelbConstrucLaw  This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

On 14 June 2017, a shocked world watched a tragedy unfold in the west of London. When the smoke cleared from the fire at the Grenfell Tower, 71 people were found to have perished. Whilst the specific causes of the fire are still being investigated, there is no doubt that the recent installation of polyethylene-core façade cladding was a major contributor to its reduced survivability; in turn, the ability of that cladding to be installed is being seen as a significant failure of the regulatory system for the protection of building occupants. On 8 May 2018, Matthew Bell presented a paper to the Society of Construction Law in London. The paper was awarded the Hudson Prize for 2017, the construction law essay prize awarded by the Society. The title of the paper – ‘“How is that even possible?” Raising construction regulation from the ashes of Grenfell Tower’ reflects both the visceral reaction of the community that such a fire could happen in London in 2017, and the concerted efforts which are being made to reform the regulatory system so as to make it fit for the purpose of keeping residents safe. Matthew’s paper – which is available via <a href="http://www.scl.org.uk" rel="nofollow" target="_blank">www.scl.org.uk</a> – explores the challenge for construction law regulation identified in the wake of the Grenfell disaster, and similar residential building fires around the world. At its heart, the challenge is to devise effective legal means by which dwellings can be built, and maintained, so that they remain safe for their residents. Achievement of this ambition may appear straightforward; however, the complex interplay of commercial, technical and legal pressures involved in modern urban developments means that the regulatory regime needs to be carefully calibrated. The paper examines the approach taken to re-thinking the regulatory system for residential building by reviews which have been instigated as a result of these fires, in the UK and Australia. Prominent amongst these reviews is that of Dame Judith Hackitt in the UK, which published its Interim Report in December 2017. This Report shows a clear intention towards an holistic reassessment of measures and philosophies which underpin the current regulatory regime, including performance-based specification. As the paper notes, a similar willingness to reassess regulatory strategies has been shown in Australia, with significant reforms recently enacted or in prospect. Matthew is a Senior Lecturer and Co-Director of Studies for Construction Law at Melbourne Law School. He is also Chair of the Academic Subcommittee of the Society of Construction Law Australia. His paper was delivered to a full house at the National Liberal Club in Whitehall. Follow SCL Australia on Twitter: <a href="https://twitter.com/SCLAust" rel="nofollow" target="_blank">@SCLAust</a> Follow Matthew Bell on Twitter: <a href="https://twitter.com/MelbConstrucLaw" rel="nofollow" target="_blank">@MelbConstrucLaw</a><a href="https://twitter.com/kiriparr" rel="nofollow" target="_blank"> </a> This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

Episode 15 – Grenfell Tower and Construction Regulation

Raisa Conchin and Elizabeth Conlan discuss how to manage the pre-allocation of risk in the era of proportionate liability. Raisa Conchin is a Partner of Wotton + Kearney and Elizabeth Conlan is a Senior Associate of Wotton + Kearney. Kindly sponsored by Baker McKenzie, this SCL event was held on 8 March 2017 in Brisbane.  This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

Raisa Conchin and Elizabeth Conlan discuss how to manage the pre-allocation of risk in the era of proportionate liability. Raisa Conchin is a Partner of Wotton + Kearney and Elizabeth Conlan is a Senior Associate of Wotton + Kearney. Kindly sponsored by Baker McKenzie, this SCL event was held on 8 March 2017 in Brisbane.  This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

Episode 7 - Proportionate Liability and The Allocation of Risk

Insights into construction contracts, risk management and how to deliver a successful project. Kevin Pascoe, engineer and the Principal Project Manager, APAC Building and Infrastructure for Jacobs sits down with Melissa Yeo, Chair of SoCLA's Communications Sub-Committee. Kevin's career spans 25 years and includes projects in Australia and around the world. His paper, "Incorporating Active Risk Management in Construction Contracts" won the Brooking Student Prize in 2017. The Society is working hard to bring you regular podcasts so be sure to subscribe to the SCL Australia Podcast to be alerted when new episodes become available. We hope you enjoy this discussion and look forward to bringing you further podcasts. This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

Insights into construction contracts, risk management and how to deliver a successful project. Kevin Pascoe, engineer and the Principal Project Manager, APAC Building and Infrastructure for Jacobs sits down with Melissa Yeo, Chair of SoCLA's Communications Sub-Committee. Kevin's career spans 25 years and includes projects in Australia and around the world. His paper, "Incorporating Active Risk Management in Construction Contracts" won the Brooking Student Prize in 2017. The Society is working hard to bring you regular podcasts so be sure to subscribe to the SCL Australia Podcast to be alerted when new episodes become available. We hope you enjoy this discussion and look forward to bringing you further podcasts. This podcast is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice about your specific circumstances. The views expressed in these podcasts are the speakers' own. They should not be taken as recommendations of the Society of Construction Law Australia.

Episode 20: Let the Tears Be Not Yours: the Case for Diversity, Collaboration and Active Risk Management on Construction Projects

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