My work spans claims and disputes concerning power stations (solar, wind, battery, pumped hydro), rail, roads and tollways, hospitals, prisons and mining projects. I have expertise in international arbitration; construction litigation in Victoria, NSW, Queensland and Western Australia; and security of payment adjudications and judicial reviews in all jurisdictions.

I always develop a strategic approach that is tailored to the nature of the claim or dispute, as well as my clients’ commercial goals.

Career highlights

• Icon/Kajima: Acting for the builder of Opal Tower in class action proceedings before the Supreme Court of NSW.
• Grocon: Acted in litigation concerning a number of projects including the Soul tower in Queensland and Westpac's headquarters in Victoria, both of which led special leave applications to the High Court of Australia, and claims concerning the Ribbon Project in Sydney.
• Acting in disputes concerning a major pumped hydro project.
• Acted for the builders of the A$4.5bn Victorian Desalination Plant PPP in over 20 different disputes.
• Acted for the EPC Contractor concerning connection issues, claims, litigation and arbitration in relation to many of solar farms across Australia.
• Fluor Corporation – acted in one of the world’s largest arbitrations, concerning claims of $1.5 billion.
• Worked for Victorian Government departments and agencies; leading builders, including CIMIC Group (CPB Contractors and Thiess), John Holland, Lendlease, McConnell Dowell and Icon/Kajima; and global engineering companies, including ACCIONA, Engie, Siemens, SNC–Lavalin and MWH Global.
• Acted in two matters that were resolved in the High Court of Australia, as well as a series of proceedings relating to three different offshore jurisdictions.
• Senior Fellow of the University of Melbourne since 2008, and a lecturer in its Master of Construction Law course since 2008 on Construction Risk Allocation and Insurance.

Awards and recognition

• Ranked as a leading individual in Construction between 2012 and 2023 by Chambers
• Ranked as one of Australia’s leading lawyers in Alternative Dispute Resolution, Construction and Infrastructure, and Litigation by Best Lawyers between 2007 and 2023
• Ranked as a leading construction and infrastructure litigation lawyer by Doyles Guide between 2017 and 2023

Education
LLB (Hons)

• Façade Treatment Engineering Pty Ltd (in liq) v Brookfield Multiplex Constructions Pty Ltd [2016] VSCA 247
  

  The case makes it clear that a person who is in liquidation has no entitlement under part 3 of the SOP Act to compel payment of a payment claim. The case also clarifies that a payment schedule must have sufficient information to enable the claimant to understand why the claim has been rejected.

   

• 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.

• The future of evidence and proof in construction claims and disputes
  

  At the recent Society of Construction Law Australia national conference, our team examined the role technology will play in generating evidence relevant to claims and disputes typically arising on construction sites.

• Court of Appeal decided the availability of quantum meruit following repudiation of a building contract
  

  Nine years ago, the Court of Appeal in Sopov v Kane (2009) 24 VR 510 in 2009 (Sopov) highlighted judicial and academic criticisms of the common law position that a builder is entitled to sue on a quantum meruit for the fair and reasonable value of work performed following acceptance of the principal's repudiation of a building contract. Ultimately, the Court of Appeal found itself bound by prevailing authority supporting that position in the absence of High Court intervention.

• 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).

• Applying the prevention principle and the implied duty to cooperate
  

  Victoria's Court of Appeal has delivered an important judgment on the relationship between the prevention principle and the implied duty to cooperate.

• High Court limits the availability of quantum meruit claim following repudiation of a building contract
  

  The Mann v Paterson Constructions Pty Ltd [2019] HCA 32 decision marks a change in the legal position in Australia with respect to whether, following termination for repudiation, a builder may elect to claim damages for breach of contract or sue on a quantum meruit for the fair and reasonable value of the work performed.

• Decision on Security of Payment Act excluded amounts
  

  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).

• 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.
  
• 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.