Preparing and Answering Payment Claims

LSSA2015I will be giving a talk in Adelaide for the Law Society of South Australia on Wednesday – 4 November 2015 – on the topic of Preparing and Answering Payment Claims under the Building and Construction Industry Security of Payment Act 2009 (SA).

This is not intended to be cutting-edge stuff, but rather a general introduction for general practitioners who may not be familiar with this tricky legislation. It has recently become all the more difficult for newcomers to Continue reading

Back home

debateJust back from the Society of Construction Law’s 2015 Conference in Melbourne. Brilliant.

There were some excellent papers. Everyone will have learned some really useful stuff; I certainly did.  But we also had some good fun.

Yesterday evening, I participated in the dinner debate at the Fox Car Museum. Who is more useful, lawyers or experts? Never have I been involved in such a rigged Continue reading

The Mediation Albatros

albatrosI was mediating last week, and am pleased to say that I was successful in resolving the dispute that had been referred to me.

I say “pleased” with some hesitation because I have a rather bizarre record which hangs a little like an albatross around my neck: I have never failed, as a mediator, to resolve the dispute before me. It is a somewhat bizarre record, as improbable as Continue reading

Moving II…

Move2For those who are waiting for something from me, the news is that I got my work computer up and running yesterday.  I got the UPS up and running this morning (important because there have been 2 power cuts here already, and this is only my third day in the new place). I have found the server. I am looking for Continue reading

You are the Adjudicator!

wordleThe Society of Construction Law Australia’s 2015 National Conference will be happening quite soon, on 23rd and 24th October in Melbourne. The theme is “Shifting gears”, and I will be in overdrive moderating the high-speed Saturday morning session “You are the Adjudicator!” I particularly hope that this session will go well, not least because it was my idea. A note about it appears below.

The SoCLA annual conference is always good, and if you are a construction lawyer and have not yet signed up to attend, now would be a good time. There is an excellent program, and you can register here.

This year, SoCLA will be doing something even more fun than usual at the annual conference, at a session called “You are the Adjudicator!” to be moderated by Robert Fenwick Elliott.

We all know that adjudications can sometimes be a bit hit and miss, the result dependent on the individual whim of the adjudicator. We are going to take that factor entirely out of the equation by inviting all of the delegates to adjudicate our four scenarios.

Each of the four scenarios is built around a current hot topic in adjudication jurisprudence, and a select band of hand-picked volunteers will have just 6 minutes to persuade you, the delegates, of the case for his or her party. Adjudication is always rapid; these ones will be an exceptionally fast and furious ride. Continue reading


WP_20150930_001I will be moving house over the next few days. Hopefully, it will not be too painful, provided we succeed in dodging the road closures for the Classic Adelaide car rally.

But obviously, there will be some disruption to work. Please bear with me if you find it harder than usual Continue reading