Optimising Fundraising Management, Tendering, Contracts & Defects Rectification
| Date | 18 February 2025 |
| Time | 11.00am-3.45pm AEDT (Syd/Melb time) |
| Venue | Live Online with recording (recording access expires 18 March 2025) |
| Pricing | $440 Price includes gst. |
| Sector | Non-State Schools |
| CPD | Addresses 7.2 of the Australian Professional Standards for Teachers |
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Program
11.00 LawSense Welcome
11.05 Chairperson’s Introduction
Jane Macneil, Corporate Services Manager, Yarra Valley Grammar School
Fundraising for School Building Projects: Optimising Fundraising and Navigating Pitfalls for School Building and Maintenance Projects
Optimising Fundraising from Donors, Bequests and Other Initiatives
- Exploring fundraising approaches adopted by schools including raising money from donors, bequests, giving programs and events
- Optimising fundraising strategies – what has worked well for schools and what hasn’t
- Examining key aspects of a successful fundraising campaign – raising funds from donors and programs
Nick Jaffer, President & CEO (Asia Pacific), Global Philanthropic
Navigating Fundraising Laws – Structure, Management and Communications
- Fundraising from donors, events or programs:
- structuring your foundation, contracting with commercial fundraisers
- deductible gifts and charity tax considerations
- ensuring your communications comply with legal obligations
- Funds from Related Entities
- exploring funding or loans from related entities, alumni organisations, foundations and trusts
- navigating not-for-profit requirements
Jonathan Teh, Principal, Russell Kennedy
12.10 Break
12.20 Optimising School Building Project Procurement: Engaging Consultants and Builders And Mitigating Construction Risk
- When to engage design consultants, your project manager and quantity surveyor
- Examining forms of consultancy agreements and what to avoid
- How to pick your consultant team
- Managing project budgets to avoid surprises in this high-cost environment
- Tendering for a builder:
- Limited availability of the good builders
- Improving your tender documents and process
- Selection criteria
- ECI agreements
Hugh Watson, Practice Leader, Construction and Infrastructure Team, Moores
Gavin Prendergast, Director, Gallagher Jeffs
1.20 Break
Chairperson’s Comments
Richard Arkell, Head of Operations, Meriden School; President, ASBA NSW
1.30 Examining and Optimising School Building Design and Construct Contracts, Including Incorporating D&C Aspects into Other Contracts
- Comparing design and construct contracts to other contract arrangements available to schools – pros, cons, key risks and benefits
- Exploring options to include design and construct section within other forms of contracts
- Examining design and construct contracts:
- reviewing and understanding key clauses in standard Design and Construct contracts – AS4300-1995 Design & Construct and AS4902-2000 Design & Construct
- examining what clauses to consider changing/adding in different circumstances
- Understanding novation regarding architects, engineers or other professionals in design and construct contracts
- Optimising management of projects using design and construct contracts
- Learning from school case studies
Helena Golovanoff, Partner, Holding Redlich Lawyers
2.30 Break
2.40 Examining Best Practice in Dealing with Defects and Rectification
- Outlining how defects are dealt with in different forms of building contracts used in schools
- Examining key issues and clauses to consider including:
- time-frames for identifying and notifying defects
- determining responsibility
- options where you consider the rectification is not to the standard required
- Disputed claims – management and resolution:
- examining common clauses relevant to dispute resolution in school building or maintenance contracts regarding defects
- optimising the school’s position in dealing with the dispute
- Learning from school case studies – what has worked well and where have schools come unstuck?
Linda Holland, Partner, Projects & Construction, Mills Oakley
3.40 Closing Remarks from the Chair
3.45 Event Close
Presenters / panelists include:
Jane Macneil (BComm, LLB, CPA, MBA, AGIA, GAICD) is currently the Corporate Services Manager and Company Secretary at Yarra Valley Grammar School. She joined YVG in 2013. Prior, Jane was: Chief Finance Officer of the National Trust of Australia (Victoria) for nearly six years; and for five years, Director of Finance for Hilton International (three properties - Melbourne, Perth, and Maldives).
A recognised, award-winning authority on major gifts, capital campaigns, community relations and integrated advancement, Nick Jaffer leads Global Philanthropic’s Asia Pacific operations. Over his 30-year career, he has served both in-house and as a consultant to philanthropists and organisations across the sector, including education, health and medical research, arts and culture, public policy and community service.
Jonathan Teh is an experienced corporate and commercial lawyer who predominantly acts for health and large not-for-profit organisations. In particular, he assists Primary Health Networks to commission health services (eg headspace), community health services, public hospitals, medical colleges/societies and disability organisations with the NDIS rollout. Jonathan has degrees in Law and Engineering, and a Graduate Certificate in Entrepreneurship and Innovation.
Hugh Watson's practice focuses on building contracts, development agreements and ancillary documents for residential, commercial and industrial projects. Hugh also applies his expertise in preparing and negotiating building contracts and consultancy agreements to assist schools and other education providers with their building projects. In addition to his more traditional construction work, Hugh regularly advises clients on infrastructure projects and asset maintenance agreements.
Drawing upon both local and international industry experience, Gavin Prendergast's background in site-based construction management serves as a robust foundation that he seamlessly integrates into his role at Gallagher Jeffs. His contributions have been instrumental in shaping our business processes and fostering a positive company culture. Gavin takes pride in cultivating a collaborative approach among all project stakeholders and consistently delivers outcomes aligned with the project brief.
Richard Arkell is the Head of Operations at Meriden School and started there in 2017. Meriden is in Sydney's Inner West and is an Anglican School for Girls from Pre-Kindergarten to Year 12. The Head of Operations role oversees Finance, Property, IT, Marketing, HR and Compliance. Richard has worked in the Education sector since the mid 1990's, starting in international Education. He also ran his own consulting firm for a number of years.
Helena Golovanoff is a partner in Holding Redlich’s Construction and Infrastructure group. With over 15 years’ experience in large scale construction and commercial disputes throughout Australia, she provides dispute resolution, transaction and advisory services.
Linda Holland is a specialist in construction and strata law. Having practiced exclusively in this area since being admitted as a lawyer in 1999. During Linda’s career, she has been at the forefront of several high-profile court matters which have set precedents in the industry. These include claims relating to construction progress payments and security of payment, defects in high rise apartment buildings and combustible cladding issues.