As a specialist construction dispute resolution lawyer, the insights I am able to bring from my previous senior commercial roles at BHP Billiton means a dedicated focus on completing projects on time, on budget, while minimising the risk of disputes. This is reflected in the breadth of my client base – I act for Government, owners / principals and tier 1 contractors on their major projects anywhere in Australia. Clients appreciate my strong leadership, valuable input, and clear communication of an effective strategy from the outset.

Career highlights

• Wiggins Island Coal Export Terminal – advised WICET in relation to the disputes arising out of the construction of its $2.6 billion port facility. Disputes of ~$1 billion in the aggregate arose out of several of the project's major construction and equipment supply packages, including the construction of the wharf, jetty and shiploader components. A key part of the resolution of those disputes involved successfully defending the 2 largest adjudication applications ever submitted under the security of payment legislation in Australia, including one claim for ~$430m.
• Gateway Upgrade Project - currently acting for a joint venture of CPB Contractors and Lendlease (LAJV) on claims circa $600m relating to the design and construction of the Gateway Bridge duplication. Having been through several decisions of a DRB, and prior to the completion of the 10 year maintenance phase, Transurban commenced proceedings in the Qld Supreme Court - this is the largest construction claim currently in the Qld Courts. The alleged claims relate to defects (circa 8000), the residual design life of key aspects of the project, a demand on the parent company guarantees as well as a unique claim that relates to the impacts and costs of lane closures and reduced speed limits.
• Queensland Rail New Generation Rollingstock Commission of Inquiry advised Queensland Rail and its Board regarding the substantive issues which arose in relation to various non-compliances of the NGR (both to functional requirements and the relevant disability legislation) in the context of a PPP project structure.
• Westconnex – advising the Joint Venture's responsible for the design and construction of the M4 East and M5 packages of the $19 billion Westconnex project.
• ConocoPhillips – advised ConocoPhillips in relation to the construction of the processing facilities for the $24 billion Australia Pacific LNG project.
• INPEX – advised INPEX regarding one of the major EPC contracts in respect of its Ichthys Project.
• Infrastructure – acting for a number of tier 1 contractors on numerous infrastructure projects in Australia and internationally, including Gateway Upgrade North, Kingsford Smith Drive, Logan Enhancement Project, Westconnex, Port Vila Urban Development Project, RAAF Base Tindal, Palmerston Hospital.
• Resources – acted for various principals, contractors and suppliers, including Anglo American, BHP Billiton, Rio Tinto, INPEX, ConocoPhillips, Stanmore Coal, Bowen Coking Coal, CPB Contractors, Downer, McConnell Dowell, Bouyges, Sedgman, UGL, Hastings Deering, Joy Global, Sandvik, the Queensland Government, Stanwell Corporation, GAWB and UGL.
• The Butterfly Foundation – advised on a pro bono basis regarding the development and construction of Wandi Nerida, Australia’s first specialist residential eating disorder recovery centre.
• Lecturer at the University of Queensland - Construction Law.

Awards and recognition

• Awarded the Financial Times Innovative Lawyers Award (Asia Pacific) in 2018 for Innovation in Legal Expertise for my role and approach to resolving the large and complex disputes associated the construction of the Wiggins Island Coal Export Terminal.
• Ranked as a leading individual in Chambers Asia Pacific for Construction.
• Ranked as one of Australia's leading lawyers in Construction and Infrastructure, Litigation and Alternative Dispute Resolution by Best Lawyers.
• Ranked as one of Queensland's 'pre-eminent' construction and infrastructure litigation lawyers in Doyle's Guide.
• Ranked as one of Australia's 'recommended' construction and infrastructure litigation lawyers in Doyle's Guide.

Education
LLB (HONS) / B.COM

• Queensland Law Society, Member
• Society of Construction Law (Australia), Member

• High Court rules proportionate liability can apply in arbitration
  

  The High Court of Australia has determined that proportionate liability legislation can apply in arbitration, generating procedural uncertainty for claimants under existing arbitration agreements.

• Brace yourself: a national security of payment regime based on the NSW model may be coming
  

  The Australian government has released John Murray AM's final report on the national Review of Security of Payment Laws. 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.

• High Court judgment: Dangers of bifurcated arbitration proceedings
  

  The High Court has set aside an arbitral award because the tribunal exceeded its jurisdiction in bifurcated proceedings.

• 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 August 2021
  

  In this edition of CLU, we cover important decisions arising out of the Federal Court of Australia, the Appellate Courts in New South Wales and Queensland, the Queensland District Court and the Civil and Administrative Tribunals in New South Wales and Victoria.

• Taskforce to investigate Queensland construction insolvencies
  On 28 February 2019, the Queensland government announced a special joint taskforce to investigate insolvencies in the Queensland construction industry.
• 2021 ACICA Arbitration Rules and Expedited Arbitration Rules
  

  We outline the key changes included in the 2021 Arbitration Rules and what this means for the construction industry.

• In with the new? Bringing further project bank account reforms closer
  

  In Queensland, a new bill aims to streamline the project bank accounts regime and improve other key aspects of Queensland's security of payment laws.

• 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.
  
• Pre-Christmas commencement of the new Queensland security of payment regime
  

  Today, the Queensland Government proclaimed that Chapter 3 (and related provisions) of the Building Industry Fairness (Security of Payment) Act (Qld) 2017 will commence on 17 December 2018.

• Queensland's new security of payment regime delayed until December 2018
  

  On 10 November 2017 the Queensland Government passed the Building Industry Fairness (Security of Payment) Bill 2017 (BIFSOP Act). The provisions in the BIFSOP Act introducing Project Bank Accounts commenced operation on 1 March 2018 for government contracts for the construction of fixed structures where the contract sum is between $1million and $10million.