with Joel Silver and Michael Heaton KC 
Thursday, 18 July 2024 | 5.30pm – 6.30pm AEST | Online

Join us for an in-depth discussion led by Michael Heaton KC, who will be posing questions to Joel Silver, counsel for Shunshunli. Key issues to be explored include:

• The scope of the adjudicator's obligation to "consider" under s23(2)(d) of the Act.
• The definition of "reasons" under s23(3)(a) of the Act.
• Whether an adjudicator has considered the submissions of a party if the reasons do not directly address the principal argument in the payment schedule and the adjudication response. Are the reasons "reasons" under s23(3)(a) of the Act?
• The meaning of "reasons for withholding payment that were not included in the payment schedule" under s21(2B). Should a respondent be given an opportunity to reply to a claimant’s response? What do procedural fairness or natural justice require? How does this relate to s22(5)? Have submissions been "duly made" under s23(2)(c)? What should be included in a payment schedule to avoid the operation of s21(2B)?

About the speaker

Joel Silver, Barrister & Mediator

Joel is a commercial barrister and accredited mediator, having specific expertise and training in construction, insurance, and property law. He acts in a wide range of matters, often advising parties from the early stages of a matter (including in arranging expert evidence) to the end of trial.
Common matters where Joel acts include contractual disputes (including under Australian Standard, ABIC and residential construction contracts), Security of Payment claims and appeals, property disputes (such as easements and adverse possession, owners' corporation and lease disputes, and nuisance claims), and professional liability matters. 

Michael Heaton KC

Michael Heaton KC holds a Masters degree in Law from the University of Melbourne as well as a Bachelor of Laws and a Bachelor of Jurisprudence from Monash University in Victoria, Australia. He is admitted to practice in all Australian States, the Australian Capital Territory and the Northern Territory.

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