International Speakers Tour 2015 (Darwin)

PHILIP BRITTON  LLB BCL will present on the topic of:SECURITY OF PAYMENT: INTERNATIONAL COMPARISONSEvery jurisdiction with security of payment legislation has to define what contracts it applies to and what types of claim can (or must) be resolved via the statutory dispute resolution machinery ('adjudication'). Each also has to make provision for the enforceability of adjudicators' decisions and the relationship between adjudication and other forms of dispute resolution.Philip’s presentation will provide an overview of security of payment in the UK and discuss the 'residential occupier exception' and how this applies in most Australian jurisdictions. The existence of such a 'carve-out' raises some practical questions about the scope of such an exception and how uncertainties at its margin are to be resolved.  If the interests of consumers in some situations trump the reasonable cash-flow needs of builders and construction professionals, why and how is this built into the law? The presentation will also look at the scope for consumers to opt in to 'quick and dirty' forms of dispute resolution like adjudication by contract where this is not imposed by the law and the fairness of such 'choices'.  For more information click here.