The Challenger disaster, the Tesseract decision and the role of academia in project success, with Cara North, Eleanor Clifford, Sean Brady and Wayne Jocic
In this special episode ahead of the 2026 SoCLA National Conference in Sydney, this episode features four speakers from our most recent conference in Brisbane. In the first interview Cara North and Eleanor Clifford unpack their Brooking Prize winning paper exploring multi-party and multi-contract arbitrations and how the High Court’s decision in Tesseract changes risk allocation. Next, keynote speaker Sean Brady, reflects on the Challenger space shuttle disaster and highlights the lessons it can teach modern organisations about risk, safety systems and speaking up. Finally, academic Wayne Jocic explores how a principal’s unilateral power to extend time may affect contractors’ delay claims, and reflects on the relationship between academia and practice in construction law. Eleanor Clifford is an Associate at Corrs Chambers Westgarth. Cara North is a Special Counsel at Ashurst. At the time of recording Cara was a Special Counsel at Corrs Chambers Westgarth. As the winners of the 2024 Brooking Prize, Cara and Eleanor were invited to present paper at the 2025 SoCLA National Conference. The Society offers the Brooking Prize annually for the best essay submitted in the field of construction law. It is named after The Hon Robert Brooking AO KC in recognition of his Honour’s pioneering contribution to the study and practice of construction law in Australia. Sean Brady is a forensic engineer and the Managing Director of Brady Heywood. Sean is also a director of the Society of Construction Law Australia. Wayne Jocic is Associate Professor and Co-Director of Studies at Melbourne Law School. Resources and links: All conference papers are available free to SoCLA members at scl.org.au. Cara North on LinkedIn: https://www.linkedin.com/in/cara-north-76601332/ Eleanor Clifford on LinkedIn: https://www.linkedin.com/in/eleanor-clifford-4b33b4145/ Sean Brady on LinkedIn: https://www.linkedin.com/in/sean-brady-11a95427/ Corrs Chambers Westgarth website: https://www.corrs.com.au/ Brady Heywood Pty Ltd website: https://www.bradyheywood.com.au/ Melbourne Law School website: https://law.unimelb.edu.au/ Connect: The Society of Construction Law Australia website: https://www.scl.org.au/ The Society of Construction Law Australia on LinkedIn: https://www.linkedin.com/company/society-of-construction-law-australia/ Disclaimer: The views and opinions expressed in this podcast series are those of the individual contributors and are not necessarily endorsed by the Society of Construction Law Australia (SoCLA). The content is provided for general informational purposes only and does not constitute legal, professional, or other advice. Listeners should consider their own circumstances and seek appropriate advice from qualified professionals before acting on any information contained in this podcast. This show is produced in collaboration with SoundCartel. Visit soundcartel.com.au for more information.See omnystudio.com/listener for privacy information.
How contracts shape culture in construction, with Kiri Parr
Kiri Parr is a construction lawyer and industry commentator focused on how procurement, contracting and risk allocation shape behaviour in the construction sector. In this episode, Kiri unpacks why “culture” in construction can’t be fixed in isolation - because structures drive culture. She explains how risk-shifting D&C contracts reward time-and-cost decision-making over quality and safety, suppress technical innovation, and reduce owners’ technical capability. Kiri also challenges the role lawyers have normalised as “risk goons”, arguing we’re trained in failure rather than success. Finally, she shares practical lenses for better outcomes, from behavioural science to complex systems thinking, and why collaborative contracting offers a path to a better industry. Resources and links: Kiri Parr on LinkedIn: https://au.linkedin.com/in/kiriparr Kiri Parr Advisory website: https://kiriparr.com/ Connect: The Society of Construction Law Australia website: https://www.scl.org.au/ The Society of Construction Law Australia on LinkedIn: https://www.linkedin.com/company/society-of-construction-law-australia/ Disclaimer: The views and opinions expressed in this podcast series are those of the individual contributors and are not necessarily endorsed by the Society of Construction Law Australia (SoCLA). The content is provided for general informational purposes only and does not constitute legal, professional, or other advice. Listeners should consider their own circumstances and seek appropriate advice from qualified professionals before acting on any information contained in this podcast. This show is produced in collaboration with SoundCartel. Visit soundcartel.com.au for more information.See omnystudio.com/listener for privacy information.
Amending Less, Building More: Why Australia Needs Truly Standard Contracts, with Adam Perl
Adam Perl is a construction partner at Pinsent Masons and a leading voice in construction law reform.In this episode, Adam unpacks the structural drivers behind Australia’s high infrastructure and construction costs. The conversation explores the industry’s productivity challenges, the consequences of lowest-price tendering, and why Australia’s unit costs are among the highest globally. Adam also examines how extensive amendments to standard contracts contribute to complexity, inefficiency, and disputes. He discusses whether greater contract standardisation could improve productivity and enable better outcomes for public infrastructure investment, alongside the governance and institutional barriers that have slowed reform. Resources and links:Adam Perl on LinkedIn: https://www.linkedin.com/in/adam-p-8a922a14/Pinsent Masons website: https://www.pinsentmasons.com/ Connect:The Society of Construction Law Australia website: https://www.scl.org.au/The Society of Construction Law Australia on LinkedIn: https://www.linkedin.com/company/society-of-construction-law-australia/ Disclaimer: The views and opinions expressed in this podcast series are those of the individual contributors and are not necessarily endorsed by the Society of Construction Law Australia (SoCLA). The content is provided for general informational purposes only and does not constitute legal, professional, or other advice. Listeners should consider their own circumstances and seek appropriate advice from qualified professionals before acting on any information contained in this podcast. This show is produced in collaboration with SoundCartel. Visit soundcartel.com.au for more information.See omnystudio.com/listener for privacy information.
Why late payment still drives so many construction disputes
Blake Frost is a Partner at HopgoodGanim, where he leads the firm’s Construction practice. In this episode, Blake explores why late payment remains at the heart of many construction disputes. He also unpacks the Queensland security of payment regime, explains how extended timeframes and jurisdictional error challenges have shifted adjudication away from its original purpose, and examines the growing intersection between construction law and insolvency. Blake also shares practical reform ideas - from faster adjudication to rethinking payment in arrears - and reflects on how smarter payment practices could improve project outcomes across the industry. Resources and links: Blake Frost on LinkedIn Connect: The Society of Construction Law Australia website The Society of Construction Law Australia on LinkedIn Disclaimer: The views and opinions expressed in this podcast series are those of the individual contributors and are not necessarily endorsed by the Society of Construction Law Australia (SoCLA). The content is provided for general informational purposes only and does not constitute legal, professional, or other advice. Listeners should consider their own circumstances and seek appropriate advice from qualified professionals before acting on any information contained in this podcast. This show is produced in collaboration with SoundCartel. Visit soundcartel.com.au for more information.See omnystudio.com/listener for privacy information.
Delivering safe offshore wind projects, with Kelly-Ann Ee
Kelly-Ann Ee is the Head of Health, Safety and Environment at Star of the South, bringing more than a decade of experience working across offshore wind projects in global markets. In this episode, Kelly-Ann unpacks why safety culture is such a critical part of delivering complex energy infrastructure. The conversation explores the challenges of applying consistent safety standards across different markets and the role of data and innovation in improving outcomes. Kelly-Ann also discusses workforce diversity, including the importance of gender representation, and how blending local culture with global best practice can strengthen safety in the offshore wind sector. Resources and links: Kelly-Ann Ee on LinkedIn Connect: The Society of Construction Law Australia website The Society of Construction Law Australia on LinkedIn Disclaimer: The views and opinions expressed in this podcast series are those of the individual contributors and are not necessarily endorsed by the Society of Construction Law Australia (SoCLA). The content is provided for general informational purposes only and does not constitute legal, professional, or other advice. Listeners should consider their own circumstances and seek appropriate advice from qualified professionals before acting on any information contained in this podcast.See omnystudio.com/listener for privacy information.