name

Jeanette Barbaro

Partner
Firm Logo

MinterEllison

Melbourne, Australia
    Local Time: Monday 22:09

Practice Expertise

  • Construction
  • Litigation and disputes
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Areas of Practice

  • Construction
  • Litigation and disputes
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WSG Practice Industries

Profile

My expertise lies in building compliance, the delivery of construction and infrastructure projects, risk and dispute management and dispute resolution. With a particular focus on complex matters involving engineering, commissioning and construction, my experience spans a range of procurement strategies (including public-private partnerships, EPCs, design and construct, and facilities management) and a range of dispute resolution mechanisms from international arbitrations to expert determinations.

More recently, I have brought my experience to the forefront in leading MinterEllison's national cladding group. I advise regulators, government and private clients with respect to the multitude of issues concerning the use of non-compliant cladding products across Australia.
I take pride in my 'user friendly' approach, my commitment to drive client outcomes, strong project management skills, and the ability to distil complexities into simplicity.

Career highlights

Building Compliance – Leading the MinterEllison national cladding group, I advise government, regulators and private industry in relation to issues arising from the use of non-compliant cladding in Victoria and across Australia including the undertaking of building audits, safety risk management, how to determine and achieve compliance, duties of care, the assessment of liability, the prospects of recovery of rectification costs, Board governance and regulatory issues.

Non-compliant cladding disputes – Acting for a number of clients in relation to the rectification of non-compliant cladding used in commercial and high rise residential buildings and the determination of the responsibility, and ultimate liability, for the associated costs.

Project Delivery – Acted for the State of Victoria in relation to the delivery of the Victorian Comprehensive Cancer Centre project and the extension to the Royal Melbourne Hospital project. I currently act for the State of Victoria with respect to the delivery of the Victorian Heart Hospital.

International arbitration – Acted for the EPC contractor in an international arbitration commenced by the main OEM contractor concerning the design, construction, commissioning and performance testing of a geothermal power plant in New Zealand.

Construction Disputes – Advised in relation to a key subcontractor dispute concerning security systems technology for the Northern Territory Sentinel Prison project. Assisted manage a claim concerning the impact of incremental weather on the Peninsula Link project.

Areas of Practice

  • Construction
  • Litigation and disputes

Articles

  • NSW introduces legislation to address combustible cladding
    Following the Grenfell Tower fire in London on 14 June 2017, a number of jurisdictions in Australia have started to formulate legislative responses to the danger of combustible cladding on buildings. NSW has now introduced its own legislation directed at banning the use of unsafe building products and providing extensive powers to require rectification of buildings affected by unsafe building products. It is expected that the Building Products (Safety) Bill 2017 (NSW) (Bill) will come into force before the end of 2017.
  • Victoria: additional building professionals allowed cladding-related exclusions in PI policies

    From 15 February 2020, exclusions in professional indemnity insurance policies in relation to external wall cladding products will be permitted for a wider group of building professionals, enabling them to continue to be licensed, registered and practise.

  • Victorian Combustible Cladding Update

    Victoria has announced the introduction of Cladding Safety Victoria which is tasked with overseeing a $600 million program to fix residential buildings with 'high risk' combustible cladding.

  • Building Ministers' Forum issues Roadmap for Building Reform

    The Building Ministers Forum has released its Implementation Plan for the 24 Shergold-Weir recommendations.

    While the issues concerning the use of combustible cladding have fuelled these reforms, the reforms will directly impact building compliance more generally in each State and Territory.

  • Update: All construction sites to pause in Greater Sydney until 30 July 2021

    We explain the impact of the new restrictions on Greater Sydney construction sites, including practical and legal ramifications for builders and standing down workers.

  • The Victorian Building Authority leads the way on combustible cladding

    The Victorian Building Authority (VBA) released an Industry Alert providing much needed technical clarity as to the circumstances in which combustible materials or products may be used in the construction of external walls of certain types of buildings.

  • National Building Regulation and Combustible Cladding Update

    In this update:

    • Victoria aligns with NSW and Qld – Building Surveyors can continue to operate despite cladding exclusions in PI policies
    • Significant proposed regulatory reforms for NSW
  • Cladding: To ban or not to ban, that is the question

    Since the Grenfell Tower fire on 14 June 2017, it has been revealed that the Grenfell Tower was recently clad with polyethylene (PE) core aluminium composite panels (ACPs). ACPs with a PE core have been banned in countries such as the USA and Germany. Banning, however, did not filter through globally. 

  • Cladding: the Australian landscape since Grenfell
    The Grenfell Tower fire in June this year fuelled greater scrutiny of building regulation in Australia and renewed momentum with respect to the use of non-compliant building products. Each day, the landscape continues to change as the government and industry grapple for solutions.
  • Victoria prohibits use of high-risk cladding products

    The Victorian Government recently issued the Prohibition of High-Risk Cladding Products Declaration, which takes effect from 1 February 2021.

  • Yuanda Vic Pty Ltd v Façade Designs International Pty Ltd [2021] VSCA 41

    Victoria's Court of Appeal has delivered an important judgment on the relationship between the excluded amounts regime and the debt enforcement provisions of the Building and Construction Industry Security of Payment Act 2002 (Vic) (Act).

  • Prescribed combustible cladding building permit

    From 22 March 2018, municipal and private building surveyors must not issue a building permit for type A or B construction which includes the use of a Prescribed Combustible Product as part of an external wall (including as an attachment) unless the building permit includes a determination by the Building Appeals Board (BAB) that the use of the Prescribed Combustible Product complies with the Building Act 1993 (Vic) and regulations (including the National Construction Code, NCC).

  • NSW building regulations due to commence on 1 July 2021

    Here we provide a 7-step summary of the latest changes in NSW to impact buildings that are Class 2, or contain a Class 2 part.

  • Fair Trading NSW calls for public consultation on whether ACPs should be banned
    The Commissioner for Fair Trading NSW is calling for public submissions as to whether the use of ACPs, polystyrene products and other similar substances should be banned under the Building Products (Safety) Act 2017 (NSW) (BPSA).
  • Combustible cladding – End of 2018 Update

    Since September, a number of important developments in cladding regulation have occurred.

  • New ban on combustible cladding in NSW

    New ban on combustible cladding in NSW has widespread impacts on builders, manufacturers and suppliers for existing and new buildings.

  • COVID-19 Stage 4 Restrictions: Impacts on the Construction Industry

    To assist you in navigating the restrictions, obligations and permissions that have been imposed in Victoria under the COVID-19 Stage 4 Restrictions, we have prepared a comprehensive Guide and compliance checklist which can be accessed below.

  • A heads up on the Cladding Safety Victoria Bill

    As reported in the media over the last two days, the highly awaited Cladding Safety Victoria Bill 2020 (Vic) (CSV Bill) was introduced into the Victorian Legislative Assembly yesterday and has finally been published this morning.

  • NSW building regulations due to commence on 1 July 2021 have been released

    Here we summarise the key takeaways and what you need to do to prepare.

  • National cladding update

    A year on from the Grenfell tower tragedy, it is timely to again pause and revisit what is happening nationally and consider what small steps or great strides have been taken across Australia. 

     

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