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Australia

Construction

Ben Cotter

Ben Cotter

Ben is an experienced construction lawyer with more than ten years’ experience acting for clients in both transactions and disputes in both the public and private sectors. He acts for asset owners, developers, contractors, consultants and financiers in respect of construction, engineering and infrastructure projects. With a grounding in property law and planning law, Ben is proactive in identifying and addressing potential issues before they become problematic. He is pragmatic, clear, and concise, and always looks to achieve commercially sound outcomes for his clients. His experience includes drafting and negotiating a range of agreements including construction contracts, consultancy agreements, project development agreements and supply contracts (with and without installation). Ben also regularly assists clients in administering their contracts and advises clients in relation to claims and disputes arising from their projects (including security of payment claims).
Kristy  Dorney

Kristy Dorney

Kristy has over 20 years' experience advising the property investment industry with a focus on development and construction projects, leasing and tenant disputes and property management generally. She advises property investors, fund managers, asset and property managers, developers, and financiers on matters such as joint venture arrangements, development management agreements, fund through arrangements, construction contracts and regulatory compliance, tripartite agreements, solar installation, cladding remediation, embedded network compliance, retail shop lease legislation compliance, sustainability matters and redevelopment projects, including tenant management, relocation, and dispute resolution. Kristy regularly advises on enforcement of leases, construction contracts, and other real estate contracts. Her experience also includes construction and real estate disputes
Stefan  Fenk

Stefan Fenk

Stefan has over 10 years’ experience in construction, engineering and infrastructure law and previously acted in commercial litigation cases including, amongst other things, international litigation cases with aspects of European Union competition law for clients in Australia and Germany. Prior to joining Hall & Wilcox in 2022, Stefan worked for top-tier and leading legal practices in Australia specialising in construction dispute resolution. Stefan has acted in an array of large-scale project disputes, arbitrations, expert determinations, adjudications, mediations and facilitated negotiations. Stefan is admitted as a solicitor of the High Court of Australia and Supreme Court of NSW. Stefan has been recognised by his clients for his drive to quickly understand the commercial aspects, the construction issues and the legal framework to enable his clients to focus on the successful delivery of a project and enabling his clients to avoid or mitigate disputes and lengthy litigation. Also, acting regularly for major contractors and developers, Stefan has an astute understanding of the legal and commercial framework in which his clients operate and has a track record of providing advice and dispute resolution strategies which assist project teams to successfully deliver projects within budget and on time.
Emma  Leys

Emma Leys

Emma has over 25 years’ experience practising in the areas of non-contentious property, finance, corporate, commercial and local government law, with a focus on property law. Emma acts for a broad range of private, corporate, institutional, local government, State Government department, and statutory corporation clients. Before joining Hall & Wilcox, Emma was a partner of the property and commercial team of Western Australian firm Kott Gunning for 16 years. Since 2019, Emma has been a committee member of the Property Council of Australia, WA Division Commercial Committee.
Catie  Moore

Catie Moore

Catie is a projects and infrastructure lawyer with over 25 years’ experience, specialising in energy, transport and infrastructure projects. She has advised and acted for both the public and private sector on large construction, procurement and outsourcing projects, including projects delivered as public private partnerships. Catie also has considerable experience in a broad range of areas including commercial contracts, logistics and supply contracts, legal advisory, property, competition law (ACCC matters), restructuring, joint ventures and M&A (including FIRB and ASIC). Her knowledge has been acquired from a variety of roles, as a partner in major international and Australian law firms and as General Counsel where she has provided strategic and commercial advice across a range of Australian and international projects.
Katrina  Reye

Katrina Reye

Katrina practises principally in the areas of commercial law and property law and development. She has advised many local government bodies, and the private sector, in relation to major property developments and property related issues including land due diligence, multi-million dollar purchases and sales, commercial and retail leasing, licensing, compulsory acquisitions, easements, restrictive covenants, public private partnerships and Crown land matters. Katrina’s clients include a number of government and institutional clients including Newcastle Airport Limited, Lake Macquarie City Council, McCloy Group, Compass Housing, Port Stephens Council, Hunter Development Corporation, Hunter Water Corporation, Newcastle Permanent Building Society and Ausgrid (formerly EnergyAustralia). Admitted as a solicitor in 2004, Katrina was awarded numerous awards throughout her university career, including the Evatt Medal (awarded for the best performance in the Bachelor of Law course). In recognition of her experience in commercial property, Katrina was invited to be a member of the Hunter Chapter of the Property Council of Australia and has been a member of the Committee since 2011. Katrina is the sole legal representative on the Committee.

Deals

  • Northwest Healthcare Assisting a leading global healthcare REIT with designing and running the tender process for the engagement of a construction contractor to undertake the design and construction of a hospital.
  • McLaren Group Assisting the property developer with the construction of two industrial estates in South East Melbourne.
  • Ausnet Services Advising the energy company on the Victorian Government’s large scale battery energy storage program.
  • Corio Bay Dairy Group Acting for the dairy nutrition company in relation to the development of an organic milk spray drying facility.
  • Impact Investment Group Acting for the leading Australian impact funds manager in relation to real estate, front-end and back-end construction matters Australia wide.
  • Victorian Pride Centre Acting as the primary legal advisor to this unique organisation, which was entrusted with the task of building and then operating Australia’s first Pride Centre, working closely with the Victorian Government at various stages of the project.

Team Services

Construction is the third largest industry in Australia generating over $360 billion in revenue and producing 9% of Australia’s GDP. Our Construction team guides clients through the challenges of front and back-end construction issues.

We understand the issues, risks and opportunities across a broad range of sectors including commercial, residential, health care, energy, resources, utilities, transport and social infrastructure, including NDIS projects and PPPs.

We advise a wide range of clients including institutional and private developers, builders, consultants, financiers, state and local governments, hospitals, health and aged care providers, and owners, operators and developers of transport, energy and utility infrastructure. Our clients trust and benefit from our expertise and commercial insight, and can be confident that they’re getting the best advice for the best value.
Our expertise
Front end
Our national Construction team has specialist expertise advising on procurement, risk analysis and project structuring, financing and delivery. We negotiate and prepare the highest quality development and project delivery agreements, design and construct contracts (including Australian Standards), equipment supply (with or without installation), BOOT, DBFM and DBOM contracts, frame agreements, early contractor involvement and alliance contracts.
Residential, commercial and retail developments and health and aged care projects
We provide advice, analysis and all necessary documentation for significant capital and infrastructure works for large scale residential, commercial and retail developments. We are also known for our work in relation to health and aged care projects including the development of new retirement villages, aged care and hospital facilities.
Urban renewal and social and affordable housing projects
We have specialist expertise in this sector, advising on the procurement, development and delivery of social and disability housing and associated social, transport and utilities infrastructure. We also work with state and local governments and other stakeholders to deliver complex precinct and regional redevelopment projects.
Energy, resources and utilities projects
We provide regulatory advice, negotiation and preparation of all documentation for infrastructure procurement, delivery, operation and management including telecommunications, roads, rail, gas pipeline and electricity, battery, solar, wind and hydro projects.
Dispute avoidance and resolution
While risk management and dispute avoidance are always central to our approach, where disputes are unavoidable, we are ready to help. Our team advises and acts in relation to complex, often high value disputes relating to delay, disruption and variation claims, defects, bank guarantee recovery, security of payment claims, liquidated damages, and other contractual and negligence claims in all Australian jurisdictions. We have assisted with urgent injunctive proceedings in relation to multi-million dollar SOPA claims, defects and negligence claims and combustible cladding disputes.

Awards and Recognition

The Legal 500 Asia Pacific 2021-2023

The Legal 500 Asia Pacific 2021-2023

Recommended for Construction