Kain Lawyers

Dispute Resolution

Director

Josh is an experienced dispute resolution specialist in our Transaction Disputes team.  Josh has a strong technical skill set which is complemented by a commercial and practical approach when assisting clients. Josh is focused on resolution, not disputation, and understands that while litigation is sometimes necessary, it is typically an expensive, stressful and time-consuming distraction. When litigation is necessary, Josh is a seasoned and committed advocate who will help clients work towards a successful outcome. Josh’s experience includes:

• managing disputes arising out of various transactions, including public and private M&A, Equity Capital Markets, Debt Capital Markets, Investments Funds, and Property & Real Asset Transactions, including:

  • advising companies, directors, shareholders and trustees about their rights and obligations in various commercial and corporate contexts;

  • advising purchasers and sellers about their rights in obligations under sale agreements, including in relation to warranty and indemnity claims; and

  • acting for financiers in enforcement processes;

• complex commercial, corporate and construction disputes and regulatory compliance, including:

  • representing clients in litigious matters, including in Magistrates, District, Supreme and Federal Courts;

  • advising on, and acting for, a variety of clients throughout Australia in alternative dispute resolution processes, including arbitrations, expert determinations and mediations;

  • advising businesses about the operation of the unfair contract terms regime in various commercial and corporate contexts; and

  • advising businesses on ACCC merger clearance and compliance with competition laws;

• assisting clients with construction and supply contracts, from preparation and negotiation through to contract administration, including:

  • advising principals, contractors and sub-contractors in respect of various bespoke, Australian Standard and ABIC construction and supply contracts, including during tender phases; and

  • assisting with Security of Payment processes.

Josh was named as ‘One to Watch’ in the area of Construction/Infrastructure Law in The Best Lawyers in Australia™ 2024, 2025, 2026 and 2027 editions and was also recognised for Litigation in the 2027 edition. Josh was listed in The Doyle’s Guide as a ‘National Rising Star’ in the area of Litigation in 2021, as a ‘Rising Star’ in South Australia in the area of Commercial Litigation and Insolvency in 2023 and in the area of Construction Law in 2025.