Practice Expertise

  • Construction
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Areas of Practice

  • Construction
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WSG Practice Industries

Profile

I act in front-end negotiations and drafting, and handle all forms of dispute resolution, offering clients ‘cradle to grave’ service – from project inception to completion and beyond.

As part of the top-ranked construction firm in Australia, I act across all industry sectors for federal and state governments and their agencies. I also serve top-tier contractors, major property owners and developers, as well as inbound overseas construction and investment companies.

Career highlights

  • Challenger Limited – advised on its stream contracting portfolio, offering a sophisticated online portal to enable a cost-effective but high-quality offering
  • Thiess Hochtief Joint Venture – acted in Supreme Court of NSW proceedings to recover damages from designers, subcontractors and insurers in respect to a defect in the Epping to Chatswood rail line
  • Sinosteel Corporation – acted for the Chinese state-owned corporation in its involvement in the Rocklands Copper Mine at Cloncurry, including advising on an engineering, procurement and construction contract for the development of a processing plant for the mine, and drafting subcontracts for the various elements of the plant
  • Connector Motorways – successfully defended a summary judgement application bought by the Thiess John Holland Joint Venture (TJHJV) in the Supreme Court of NSW regarding a claim pursuant to the Building and Construction Industry Security of Payment Act 1999 (NSW) relating to the construction of the Lane Cove Tunnel, and successfully defended an appeal by TJHJV
  • Aspire Schools Consortium – advised on its successful bid for the South East Queensland Schools public–private partnership (PPP) project to build and maintain seven schools over several years, the first PPP to utilise the Supported Debt Model. The transaction was the Euromoney Project Finance Asia Pacific PPP Deal of the Year

Education
LLB (Hons), BE (Hons)(Civil)

Areas of Practice

  • Construction

Professional Career

Professional Associations
  • Member of the Society of Construction Law (UK) 
  • Member of the Society of Construction Law Australia


Articles

  • Where did the reference date go?

    The High Court's decision in Southern Han Breakfast Point Pty Ltd (in Liquidation) v Lewence Construction Pty Ltd [2016] HCA 53 and illustration of the difficulties that may arise in practice in applying the outcome of the Southern Han decision.

  • High court decision in Brookfield Multiplex v Owner's Corporation Strata Plan 61288

    High Court says no duty of care owed by builders to developers.

     

  • Revised SOP Amendment Bill overhauls entitlement to recover progress payments
    In response to significant stakeholder feedback, changes to the SOP Amendment Bill amending the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) passed through the NSW Legislative Council on 24 October 2018. The new amendments go further than some of the changes proposed in the earlier version of the bill released for consultation, primarily to sections 8 and 13, together with further refinements to the adjudication process and offences. On the other hand, some of the initial proposed changes have been removed from the bill. See our August 2018 edition of Construction Law Update for our earlier analysis of the bill and other amendments which remain unchanged.
  • NSW Supreme Court prevents insolvent contractor from enforcing adjudication determinations

    A court may prevent enforcement of an adjudication determination where it established that the beneficiary of that determination is insolvent or at risk of going insolvent.

  • 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.
  • Brace yourself: a national security of payment regime based on the NSW model may be coming
    On 21 May 2018, the Australian government released John Murray AM's final report on the national Review of Security of Payment Laws. In the report, Murray recommended that the Australian government work closely with all state and territory governments to adopt nationally consistent security of payment laws based on the NSW security of payment legislation.
  • Security of Payment Roundup 2013
    The new edition of our comprehensive review of SoP cases from around Australia is now available.
  • Construction Law Update November 2017
    This edition covers the legislative changes in New South Wales and Queensland on the impact of the Grenfell fire and also cases in New South Wales, the Northern Territory, Queensland and South Australia. Included are our analysis of two English cases on NEC3 contracts.
  • Three success factors for Battery Energy Storage System projects

    Developing a battery energy storage system is not without its challenges and risks. We recommend 3 critical factors to realise a successful BESS project.

  • Construction Law Update March 2019

    This months’ edition of CLU covers important recent decisions in the Federal Court of Australia, as well as the NSW and Victorian Supreme Courts, and Queensland’s District Court, Supreme Court and Court of Appeal. It will be a useful guide for those of you interested in: the existence (or not) of concurrent duties in tort and contract (Commonwealth); the established position on agency in New South Wales; whether rights to issue invoices for work performed prior to novation accrue once a contract is novated (Qld); whether an owner’s right to accrued liquidated damages for delay can be taken into account when determining the builders entitlement to payment under the contract (Vic); and what the court requires when a party elects to run a global or total costs claim (WA). We also highlight recent developments in respect of the court’s interpretation of Security of Payment legislation.

  • Construction Law Update December 2017 to February 2018
    Find out about legislative changes and updates in the Commonwealth, New South Wales, and Victoria in this edition. Also, read our thoughts on the regulation of autonomous vehicles in Victoria and the UK. To round this off, this edition includes analysis of cases in the High Court of Australia and in the courts of New South Wales, South Australia, Victoria, Western Australia, Tasmania, and the Australian Capital Territory.
  • Pay when entitled not when paid

    Head contract cannot influence when retention amounts are released to subcontractors

    The High Court has held that provisions relating to the release of retention under a subcontract contingent on an event under a head contract are void under the 'pay when paid' prohibition contained in the Building and Construction Industry Security of Payment Act 2009 (SA) (SOP Act).

  • Construction Law Update July / August 2019

    In this combined July/August edition of our Construction Law Update we break down the most absorbing decisions from New South Wales, Queensland and the Northern Territory. We also look at two recent Federal Court decisions: one which considers the circumstances in which an agreement of a contractual nature will be binding and the other on whether a clause that excludes the recovery of costs resulting from delay or disruption will preclude the recovery of time-related costs for carrying out variations. 

  • Building product safety laws come into effect in NSW
    The Building Products (Safety) Act 2017 (NSW) commences operation on 18 December 2017. The Act’s primary purpose is to prevent the unsafe use of building products in buildings and to ensure the identification and rectification of affected buildings.
  • Security of Payment Roundup 2017

    Another year – another trip to the High Court for SOPA.

  • Security of Payment Roundup 2015
    The new edition of our comprehensive review of 2015 security of payment cases from around Australia is now available.
  • Bill proposes stricter obligations and penalties for NSW Security of Payment Act

    The NSW government has released a draft bill, the Building and Construction Industry Security of Payment Amendment Bill 2018 (NSW) (SOP Bill) proposing significant reforms to the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act).

    If passed in its current form, the SOP Bill would create stricter compliance obligations for principals and head contractors as well as greater investigation and enforcement powers under the SOP Act.

  • Construction Law Update June 2019

    We examine a Hong Kong decision, security of payment in NSW, injunctions in QLD, domestic building businesses in VIC, licence obligations, and pre-contractual records in WA.

  • Construction Law Update April 2019

    A summary of selected cases decided in the New South Wales and Queensland Supreme Courts and the New South Wales Court of Appeal. The decisions indicate how the courts are likely to determine key issues arising in construction contracts.

  • Construction Law Update September 2019

    In our September issue of CLU, we summarise the latest need to know legislative updates, including new proposed regulations for building certifiers under the Building and Development Certifiers Regulation 2019 (NSW) and Builder and Designer reforms under The Design and Building Practitioners Bill 2019. We also cover recent decisions arising out of the Supreme Courts of the Australian Capital Territory, New South Wales and Queensland, as well as the New South Wales and Queensland Courts of Appeal.

  • Security of payment roundup 2018

    Cherry picking the Murray Report – is that really what was intended?

  • New strata building bond and defect inspection scheme comes into effect 1 January 2018
    The new strata building bond and defect inspection scheme established under the Strata Schemes Management Act 2015 (NSW) commenced operation in NSW on 1 January 2018. The new scheme applies to contracts entered into from 1 January 2018 for building work to construct residential or partially-residential strata properties that are four storeys or more.
  • Construction Law Update March 2018

    Cladding with ACPs and other similar substances is topical in New South Wales and Victoria. We also touch on the recent launch of Partnerships Victoria’s PPP standard project documents. This edition also analyses decisions in New South Wales, Queensland, Victoria as well as the Full Court of the Federal Court of Australia.

     

  • Construction Law Update October 2017

    The October 2017 edition is now available for download.

    This edition contains analysis of cases in New South Wales, Queensland, Tasmania and Victoria. It includes a number of NSW Court of Appeal decisions. It also considers the recent announcement of the Supreme Court of Queensland on the 12-month trial of a new pre-trial case management system for civil cases as well as the replacement of the 2007 OHS Regulations in Victoria.

  • High Court rules: To err is human, and permanent for adjudicators' non-jurisdictional errors of law!
    On 14 February 2018 the High Court delivered two landmark judgments which unequivocally confirm that the Security of Payment (SOP) legislation (at least in NSW and South Australia) removes a court's jurisdiction to overturn an adjudicator's determination infected by non-jurisdictional errors of law.
  • 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.

  • Ipso facto reforms have commenced – are you ready?

    The new ipso facto insolvency reforms are set to impact the construction and property industries.

  • Construction Law Update May 2019

    Our May edition of CLU details relevant decisions in the Supreme and Appellate Courts of New South Wales, Queensland and Victoria. The decisions provide commentary on (among other issues): errors in expert determination; circumstances in which it will be reasonable for an owner to refuse a builder the opportunity to access property to rectify; whether an implied waiver can apply across multiple contracts for different projects; the importance of immediate service of an adjudication application; and the operation of the consumer protective legislation and the subsequent warrantees and guarantees that it will imply into domestic building contracts in favour of the owners.

     

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