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SCL Australia Podcast

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.
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Aug 9, 2021

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.

Jun 8, 2021

Jon Davies, CEO of the Australian Constructors Association, discusses the significant challenges facing the construction industry and ACA's plan to help fix them.

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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

Jan 28, 2021

Lucy Greenwood, international arbitrator, diversity champion and green arbitration advocate shares her insights on the impact of arbitration on the environment and how we can drive sustainable change.

In this episode, Melissa Yeo, Chair of the Society's Communications Sub-committee, sits down with Lucy Greenwood to discuss arbitration, its impact on the environment and how we can drive sustainable change. Details about the Green Arbitration Pledge can be found here: www.greenerarbitrations.com.

 

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.

Dec 13, 2020

This episode is Part 2 of Melissa Yeo's discussion with Petrina Macpherson and Matthew Hickey on eHearings and eMediations and why they have given us all #onemorethingtothinkabout

 

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.

Nov 15, 2020

In this podcast, Melissa Yeo sits down with Petrina Macpherson of Minter Ellison and Matthew Hickey of Level Twenty Seven Chambers to discuss eHearings and eMediations and why they have given us all #onemorethingtothinkabout

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.

Sep 7, 2020

In this podcast, Aiden Davey, Dr Matthew Bell and Kiri Parr sit down with Melissa Yeo to discuss the new duty of care introduced in the NSW Design and Building Practitioners Act 2020 and the significant consequences it might have on the construction industry. 

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.

Aug 25, 2020

They say if you fail to plan, you plan to fail.  In the current landscape that means putting your valuable data in the hands of criminals. 

In this podcast, Brendan Read and Vishka Peiris of Korda Mentha discuss Cyber Hygiene during Covid-19.

Brendan is a former detective from the Queensland Police High Tech Crime Investigation Unit.  He is highly experienced in investigating criminal and civil matters and helps clients to navigate technologies and their use in the collection and preservation of evidence. 

Before joining Korda Mentha's forensic technology team in 2015, Vishka worked in various IT roles where he developed a diverse set of IT skills in computer systems and networks.  He has experience working on high profile investigations of cyber incidents, IP theft, corporate fraud and financial crime and forensic discovery matters.

We hope you enjoy their presentation.

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.

Jun 8, 2020

A practical summary of what was, is and might be when it comes to securing payment for construction projects of all sizes and at all stages of development in the era of COVID-19.

Presented in the SoCLA webinar by Matthew Hickey and Bianca Kabel of Level Twenty Seven Chambers in Brisbane, 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.

Dec 9, 2019

Stephen Callaghan of Stephen Callaghan Consulting Pty Ltd sits down with Melissa Yeo to discuss Dispute Resolution Boards, how they work, what parties can expect and why they are likely to become more popular in the future.

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 bring your 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.

Oct 28, 2019

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.

Sep 9, 2019

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.

Aug 12, 2019

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.

Jun 13, 2019

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.

May 23, 2018

Have people ever seemed to act inconsistently to you? Why do you think people are incredibly open and flexible one day, but very focused and structured the next? Why do you think some people are infuriated by things that seem insignificant to you?

This episode podcast explores two key systems in our brain: (un)creatively named System I and System II.

By understanding how these systems work together can provide helpful insight into understanding why we make decisions and act in the ways we do.

Anna Waters specialises in organisational engagement, leadership and performance. Anna has a deep understanding of neuroscience and psychology, which gives insight into human behaviour in the workplace. As a management consultant at NeuroPower Group, Anna applies evidence based frameworks and methodologies to help individuals, teams and organisations to realise and exceed their potential.

NeuroPower Group website: www.neuropowergroup.com

Connect with Anna on linked in: https://www.linkedin.com/in/anna-waters-10974324/

Follow NeuroPower Group on Linked in: https://www.linkedin.com/company/neuropower/

Follow Anna on twitter: @anna_waters_1

Follow NPG on twitter: @NeuroPower

 

Links to books:

https://www.amazon.com/NeuroPower-Leading-NeuroIntelligence-Peter-Burow-ebook/dp/B00HGYUJY0/ref=sr_1_1?ie=UTF8&qid=1526949863&sr=8-1&keywords=neuropower

https://www.amazon.com/Behavioural-Economics-Business-behavioural-economics/dp/0992513553/ref=sr_1_5?ie=UTF8&qid=1527029995&sr=8-5&keywords=behavioural+economics+for+business

https://www.amazon.com/Thinking-Fast-Slow-Daniel-Kahneman/dp/0374533555/ref=sr_1_1?ie=UTF8&qid=1526949938&sr=8-1&keywords=thinking+fast+and+slow

https://www.amazon.com/Nudge-Improving-Decisions-Health-Happiness/dp/014311526X/ref=sr_1_1?s=books&ie=UTF8&qid=1526950030&sr=1-1&keywords=nudge

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.

May 15, 2018

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.

Dec 18, 2017

Sean Brady, SCL Australia Director, interviews Kiri Parr, Arup Principal and Legal Counsel, on how we need to disrupt the construction industry.   

Have clients given too much power to their lawyers?

Where are we as a construction industry? Where are we headed? 

What are the impacts of mega projects on the everyday working lives of our people, and what are the biggest disconnects between how we think big projects work, as opposed to how they actually work in practice? 

Why is Australia holding back from being a leader in the construction industry? And are lawyers and financiers best placed to determine a project’s procurement model? 

Kiri discusses all this and more on the SCL Australia Podcast.

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.

Follow SCL Australia on Twitter: @SCLAust

Follow Kiri Parr on Twitter: @KiriParr

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.

Aug 24, 2017

At the recent SCL National Conference, Director Ian Bailey AM SC discussed the topical issue of private certification and defective building materials with Alisa Taylor, Partner at Meyer Vandenberg Lawyers in Canberra. Ian and Alisa discuss the need to get a unified approach across Australia to address the issues encountered by the industry in building regulation. 

If you missed out on attending this conference, Alisa and Ian run through some of the highlights and key takeaways from the presentations. Alisa and Ian are introduced by Sean Brady, an SCL director.

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.


Read more at http://sclaustralia.libsyn.com/#KclvaxATxUhAm76T.99

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.

May 27, 2017

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.

May 27, 2017

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.

 

May 19, 2017

Kara Vague is the current Chair of the Society of Construction Law Australia, having had an extensive involvement spanning a number of Committees over the last few years. 

In this interview, Director Jaclyn Smith (@jaclynlindsay) asks Kara to reflect on her career and time with the Society, and share some of the current and upcoming activities.

For those looking to get in contact with Kara:

Twitter: @KaraVague

Email: Kara.Vague@downergroup.com

LinkedIn: https://www.linkedin.com/in/kara-vague-b471b420/

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.

Apr 9, 2017

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.

Mar 27, 2017

Melissa Yeo, Director of SCL Australia, interviews Wendy MacLaughlin, Senior Vice President of HKA Global, about her journey to becoming an internationally sought after construction programming expert, her advice for people working in the construction disputes space and the key features of the new SCL Delay and Disruption Protocol.

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.

Mar 13, 2017

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.

Feb 1, 2017

In this episode Melissa Yeo sits down with Teagan Dowler, the author of the newly released book Rules of the Game - Women in the Masculine Industries.

Teagan is also the founder of the Blue Collared Woman, a community that supports the development of initiatives to achieve greater diversity and inclusion within the engineering, resource and construction industries. 

Melissa and Teagan talk about the issues facing women in these industries and discuss how by understanding the concept of the filing cabinet - a cause of many of these issues - women can better navigate their way to success and pave the way for future women to do the same.

Rules of the Game: Women in the Masculine Industries can be purchased at:

Hard copy: www.thebcw.com.au/shop

e-book: https://www.amazon.com.au/Rules-Game-Women-Masculine-Industries-ebook/dp/B01F2Y4RAC

You can connect with The BCW at the following accounts:

Instagram: thebcw

Twitter:thebluecw

Facebook: The Blue Collared Woman

LinkedIn: The Blue Collared Woman

www.thebcw.com.au

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.

 

Jan 18, 2017

In this episode , we hear from two Directors of the Society of Construction Law Australia. Marianne Rose, Commercial Manager (Mouchel) interview Professor Ian Bailey SC (Wentworth Chambers) to gain insight into some of the key features of the new AS 11000.

Representatives from the Society of Construction Law joined with other leading construction industry associations to draft AS 11000.

AS 11000 introduces an obligation to act in good faith onto the parties, as well as an obligation to give early notice of matters that may lead to a dispute. This is an introduction to a softer approach to contracting, and a move away from strictly combative approaches.

AS 11000 works alongside the new dispute resolution standard, AS 11004 which introduces a radical (for Australia) role for someone to assist the parties to deal with matters as they arise, based on the Hong Kong DRA system which is extraordinarily successful.

AS 11000 limits the length and legalistic nature of the language, with a focus on rights and obligations. ‘Must’ also replaces ‘shall’ in the substance of the clauses to assist in making the clauses more readable.

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.

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