He regularly advises principals, contractors, and engineers on project disputes, including in respect of infrastructure and construction on significant mining and resources projects in the Asia Pacific region and significant commercial projects in the Perth metropolitan area.

Tom has appeared in all superior courts in Western Australia and New South Wales, and the Federal Court and Full Federal Court of Australia, on appeals, trials, and interlocutory matters. He has also appeared in the High Court of Australia.

Career highlights

• Representing a top tier contractor in arbitration proceedings in respect to a dispute arising out of the construction of infrastructure on a significant iron ore project in Western Australia
• Representing a national contractor in the Supreme Court of Western Australia in relation to disputes arising out of the construction of the Perth Children's Hospital
• Representing top tier contractors and developers in respect of disputes in the Supreme Court of Western Australia arising out of the construction of a significant commercial building in the Perth CBD
• Representing a top tier contractor in respect of disputes in the Supreme Court of Western Australia arising out of the construction of Optus Stadium
• Advising an international contractor in respect to disputes arising out of the construction of the Combined Cycle Power Plant on the Ichthys LNG Project
• Representing an international contractor in respect to a dispute in the Supreme Court of Western Australia arising out of the construction of a loading platform facility on the Wheatstone LNG Project
• Advising a large public oil and gas company in relation to the explosion of a pipeline feeding into Western Australia
• Appeared as counsel for a top tier national contractor in the Supreme Court of New South Wales in relation to a significant dispute involving the construction of a commercial strata complex
• Representing a principal in the Supreme Court of Western Australia relation to a professional indemnity claim on a mining production plant in Africa
• Representing an insurer defending a professional indemnity claim in the Supreme Court of Western Australia against engineers in relation to the design of a mining production plant in the Dominican Republic
• Representing a contractor in arbitration proceedings arising out of a significant resource project in Queensland.

• 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.

• A new era for Security of Payment in WA
  

  Since 1 August 2022, new security of payment provisions for Western Australia (WA) are in operation under the Building and Construction Industry (Security of Payment) Act 2021 (WA) (Act).

   

• Introduction of Stage 2 of Security of Payment in WA
  

  Building and Construction Industry (Security of Payment) Act 2021 (WA) – Stage 2 – Key changes from 1 February 2023

   

• 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 September 2020
  

  Our September 2020 edition of CLU covers important decisions arising out of the Court of Appeal, Supreme Court and District Court of New South Wales and the Supreme Court and State Administrative Tribunal of Western Australia.

• WA's proposed new security of payment laws
  

  On 25 May 2021, the Western Australian Minister for Commerce introduced the Building and Construction Industry (Security of Payment) Bill 2021 (WA) to State Parliament.

   

• 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.
  
• Another adjudication determination quashed for jurisdictional error
  

  Clough Projects Australia Pty Ltd v Floreani [2018] WASC 101 is significant as it confirms that an adjudicator may adjudicate more than one payment dispute between parties, without the consent of the parties, where the adjudicator is satisfied that doing so will not adversely affect his or her ability to adjudicate the dispute fairly and as quickly, informally and inexpensively as possible.