Commercial Litigation - Building and Construction Focus

With focus on implications of the recent floods on existing building and construction contracts, this session takes into consideration the formal requirement of default and the remedies available in cases of default in building and construction contracts including remedies that may be available under the Building and Construction Industry Payments Act 2004 (Qld) and Subcontractors Charges Act. In relation to default of a building and construction contract, the presenter will discuss the basis of a claim of breach of contract and related provisions in the Trade Practices Act 1974 (Cth).

An ever increasing volume of records being held electronically throws up challenges and ethical issues for lawyers involved in undertaking discovery. Courts, nationally and internationally, are recognising the disproportionate costs being incurred by parties during this process, and are considering possible reforms. This session will discuss some of the common issues and challenges for lawyers and practical steps to address them.