Papers and Articles



May 2016: Review of Understanding Construction Law  by Jeremy Coggins, Tom Davie, Tony Earls and Phil Evans in Building and Construction Law Journal Volume 32/2 2016


Brisbane 2016 pre


March 2016: Penalty doctrine paper Keating 2016, a talk in Brisbane, including a debate, about Cavendish v El Makdessi, with my chambers colleagues Marcus Taverner QC, Adam Constable QC and Jennie Wild.  For both the paper and the debate, I contributed the wider view.  Why am I not wearing a suit and tie? Because Qantas had lost my luggage.


March 2016:Drafting Indemnities Getting the Details Right. For Legalwise in Adelaide as part of their 10 points in a day CPD.

August 2015: Early Completion – Some English and Australian Authorities ; an update of an earlier paper for Insight from Navigant.

July 2015: Delay in Construction Projects – Where Science meets the Law; a rewrite of a paper written some time ago.

March 2015: Legalwise Seminars, Rap Your Way to the New Beat was about how those drafting construction contracts in South Australia should take account of Review Boards, Adjudication and the new Pre-action protocol.

September 2014: Bridging the Gap between Theory and Reality Paper for Society of Construction Law Australia in Sydney SOCLA Event Invitation

July 2014: Law Society Bulletin, Article Rough Justice is Ready

July 2014: Law Society of South Australia. This seminar was about some upcoming reforms in civil litigation procedure in South Australia; I spoke about Building and Construction Law Pre-action Protocols. There was good line-up of presenters billed for the event:

The Honourable Chief Justice Kourakis – Supreme Court of South Australia

Alan Lindsay  – Jeffcott Chambers

Robert Fenwick Elliott – Howard Zelling Chambers

The Honourable Justice Blue – Supreme Court of South Australia

Her Honour Judge Mead – Federal Circuit Court of Australia

David Gaszner – Thomson Geer

Master Blumberg – District Court

My short paper attached the relevant new rules.

May 2014: Society of Construction Law event in Brisbane. I spoke about the Australian Legislation Reform Subcommittee’s Report on Security of Payment and Adjudication in the Australian Construction Industry, and compared it with the report by Andrew Wallace and the consequent proposed changes in Queensland.

May 2014: RICS event in Sydney.  TRICS May 2014he topic was Security of Payment – Moving towards Impartiality. Justice Robert McDougall delivered a paper on the recent cases on natural justice and bias; I followed with a discussion of how the recent trends in adjudication practice in this area appear to be following the lines that might be predicted by an application of the principles of evolution and natural selection, and also introduced the recent SoCLA Report.

March 2014: Talk for Society of Construction Law Australia in Adelaide.  The talk was accompanied by a Prezi. This was an informal talk on recent cases and future prospects on adjudication in South Australia, the informality being evident from the glass of wine on the stand.

Socla in Adelaide March 2014

March 2014: Drafting Damages and Penalty Clauses, a paper for a seminar by Legalwise Adelaide March 2014

November/December 2013: Fraud Unravel03021401s Some MoreThe Increasing Importance of Fraud in Security of Payment Cases. In Australian Construction Law Newsletter #153 at page 34.

November 2013: Security of Payment Act:  What the current climate has meant for the legal industry, a talk for CSC Consulting and its guests

October 2013: Three Early Security of Payment Cases in South Australia, In Australian Construction Law Newsletter #152 at page 28.

October 2013: “Costing construction projects: key issues from an industry and legal perspective“; a talk for the Society of Construction Law in Adelaide, with Tony Brewster from WT Partnership

October 2012: Do Construction Contract Terms Matter? A paper delivered for the Law Society of South Australia in Adelaide on 30th October 2012.  Click CCF22052014_00001 for the paper.

September 2012; Statutory Adjudication: Boon or burden for litigants at The Malaysian Bar Council held its International Law Conference, Kuala Lumpur.  A synopsis is at Synopsis of International Adjudication Experience

SCL-London-2012-1-480x196September 2012: East Meets West: A View from Australia 2012 at The Society of Construction Law conference in London, in conjunction with the Technology and Construction Court, the Technology and Construction Solicitors Association and the Technology and Construction Bar Association

(l to r) Robert Fenwick Elliott, Andrew Ness, Franco Mastrandrea, Edward Corbett, Sir Vivian Ramsey and Keith Kirkwood

June 2011; paper for Legalwise Seminars in Adelaide Procedural Changes to Building and Construction Law in South Australia

December 2011; Contract Management Course; University of Adelaide – Implications of Misrepresentation, Trade Practices & Fair Trading Acts in Contracting and Adjudication Process & Security of Payments Legislation

2110; Survival Courses with Master Builders Association on Building and Construction Industry Security of Payment Act 2009 (SA) – course run a number of times to meet demand

May 2010; paper for the Society of Construction Law Australia in Perth – Towards Harmonisation of Construction Industry Payment Legislation: A Consideration of the Success Afforded by the East and West Coast Models in Australia (Jointly with Jeremy Coggins of University of South Australia and Mathew Bell)

October 2009; paper for AMPLA in Sydney The effectiveness of various contractual approaches at delivering the intention of the contract draftsman in the event that something goes wrong with the project

July 2007; paper for Construction Law Journal Adjudication Down Under: A Survey of the Adjudication Legislation in Australia

June 2007; A CPD Seminar for the Law Society of South Australia Construction Law Update

June 2007; paper for IAMA Annual Conference in Glenelg, SA 10 Days in Utopia

May 2006; contribution to IAMA Annual Conference in Palm Cove, Queensland  – Building and Construction Industry Adjudication – The Overseas Experience – UK

November 2005, talk on mediation for LEADR in Adelaide – A Cold Wind from the North – Resolving Disputes In A Hard-Nosed Commercial Environment

November 2005, for the Pickavance Consulting Masterclass in Sydney and Melbourne Presenting Prolongation Claims in Adjudication

September 2005 at LEADR’s 8th International ADR Conference Waves of Change Security of Payment Adjudication – Past, present and future

December 2004 at the Law Society of South Australia Adjudication in Construction Projects: The Incoming Tide?

October 2004 for Legalwise Seminars in Adelaide Construction Dispute Resolution: The New Regime

July 2004 at the Law Society of South Australia State Legal Convention The Resolution of International Construction Law Disputes

The Case for an action on an adjudicator’s decision; published in Construction Law Review in Construction Law Journal 2004 Vol 20 No 1 The Case for an action on an adjudicator’s decision

October 2003 for the Australian Institute of Building in Melbourne – The Resolution of International Disputes

May 2002 – 30 Years of Construction Practice; Fenwick Elliott Workshop, London

February 2002 – Chaired meeting on Concurrent Delay (paper by John Marrin QC), Society of Construction Law, London

November 2001 – Panel member on International Arbitration (on 5th) and Real Time Dispute Resolution (6th) International Construction Superconference, London

October 2001 – Adjudication seminar, London

June 2001 – Chairman, Defects and Design Liability in Construction, IBC, London

May 2001 – Chairman Adjudication Seminar, London

November 2000 –  Chairman Construction Law Masterclass, IBC, London

November 2000 –Chairman Technology & Construction Solicitors Association Symposium, London

October 2000 – Adjudication seminar, London

July 2000 – Talk for American College of Construction Law on the UK experience of adjudication, Lincoln’s Inn, London

June 2000 – Chairman, Defects and Design Liability in Construction; IBC conference, London

May 2000 – Prime Contracting; ICE conference, London

February 2000 – Talk on the UK adjudication legislation for the American College of Construction Law, Key Largo, Florida

November 1998 – Construction Law Masterclass, London

February 1998 – Talk on adjudication for Chartered Institute of Building, Hatfield

June 1997 et seq – Teaching Official Referees Solicitors’ Association (now Technology and Construction Solicitors Association) Adjudication course and invigilating qualification examination, London

June 1997 et seq – teaching Chartered Institute of Building Adjudication course, Surrey

September 1996 – Chaired conference on The adjudicator, IBC, London

June 1996 – Civil Engineering Claims; IBC Conference, London

November 1995 – Engineering and Construction Contract Disputes Resolution and termination; IBC Conference, London

November 1995 – IChemE Seminar for Society of Chemical Industry

December 1994 – Construction Difficulty and Impossibility; Understanding Civil Engineering Claims conference, London

December 1994 – Court Control of Arbitration; Chartered Institute of Arbitrators Conference, Warwick

September 1994 – Procurement Issues, Lebanese Chamber of commerce, Beirut

September 1994 – Designers’ Liability v Contractors and Subcontractors’ Liability; Shifting the Responsibility conference (IBC) , London

June 1994 – The Legal Basis for Claims; IBC Conference, London

June 1994 – The Analysis of Delay under ICE Contracts, LS&S conference, London

March 1994 – Effective Project Management, conference, London

November 1993 – Delay Analysis; conference on Delay and Damages, London

July 1993 – Settlement of Accounts and Disputes; The Road Building Conference, London

April 1993 – Analysis of Delay; Delays and Disruption under Civil Engineering Contracts conference, London

March 1993 – Database Support for Litigation; Law Society conference, London

November 1992 – Quantification of Civil Engineering Claims conference, London

July 1992 – Interim Payment Awards in Building Contract Cases; Society of Construction Law event, London

June 1992, Offshore Construction and Supply Contracts conference, London

June 1992 – The Legal Basis for Claims; Building Law and Litigation Conference, London

July 1988 – The JCT Form of Contract; Conference, London

October 1986 – Chaired latent damage conference, London

June 1986 – Chaired 101 Legal Points in Construction conference, London

1981 – 1986 – Numerous papers not longer available.

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