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Experience

Jack Heeley practises in commercial law and has extensive experience in construction and infrastructure disputes, class actions and arbitrations.

During his 14 years at the Bar, Jack has acted in:

• dozens of building cases before the Supreme Court and the County Court, including cases for some of Australia’s leading construction companies;
• numerous class actions and other large scale proceedings concerning flooding, water supply, contamination, public infrastructure, roads and transport; and
• a wide variety of arbitrations (both international and domestic).

A selection of his recent and significant cases appears under the headings below.

Jack completed his Law degree (First Class Honours) at Monash University and holds a Bachelor of Planning and Design (Dean’s Honours) with a Property and Construction major from the University of Melbourne.

He completed his Articles at Mallesons Stephen Jaques (now King & Wood Mallesons) and thereafter practised as a solicitor in the firm’s dispute resolution group, acting on a broad range of commercial matters with a focus on construction litigation and arbitration.

Immediately prior to coming to the Bar, Jack was an Associate at the Supreme Court of Victoria, first to the Hon. Justice Byrne, Principal Judge of the Commercial & Equity Division, and then to the Hon. Justice Bongiorno of the Court of Appeal.

A selection of recent and significant cases:

Building cases

Johns Lyng v OC PS702511L & MBB Consulting – acting for a plaintiff builder in a dispute concerning the replacement of combustible cladding, latent conditions, unpaid progress claims, contract rectification, superintendent obligations, misleading or deceptive conduct, extensions of time, alleged liquidated damages, penalties and unconscionable conduct.

Kane Constructions v Meridian Concrete Australia; Kane Constructions ats Structural Systems – acting for a plaintiff head contractor in a subcontract dispute involving liquidated damages, alleged variations, defective and incomplete works, bank guarantees, estoppel and restitutionary claims.

BildGroup v McMahons – acting for a plaintiff contractor in a dispute involving delay cost claims, latent conditions and liquidated damages.

Buildcorp v Yarra Valley Water – acting for a builder in a dispute concerning basement works and sewer infrastructure.

Pace Development Group ats Professional Cabinets – acting for a head contractor in a large scale subcontract dispute concerning payment claims, variations, liquidated damages, defective works and estoppel.

Johns Lyng v Strategic Demolitions & Ors – acting for a plaintiff builder in a dispute involving protection works and proportionate liability legislation.

Ireland Brown Constructions ats Manufacturing Metal Solutions – acting for a head contractor in a subcontract dispute regarding alleged variations and defective works.

Class actions, arbitrations and other commercial cases

Rowe v Ausnet Electricity Services & Ors – acting for the State Parties in the Murrindindi / Marysville bushfire class action (with Jenny Firkin KC and others).

Matthews v SPI Electricity & Ors – acting for the State Parties in the Kilmore / Kinglake bushfire class action (with Jenny Firkin KC and others).

Chessells & Ors v Goulburn-Murray Water – large scale litigation arising out of the 2022 Shepparton floods.

Keystone v Mitchell Shire Council – acting for a plaintiff in proceedings concerning numerous landfill sites, waste management policies, EPA requirements and landfill capping.

O’Connor & Ors v Goulburn-Murray Water – acting for the owners of numerous fruit orchards in large scale litigation against a rural water corporation.

International arbitration concerning the construction and management of motorway tunnels.

Domestic arbitration concerning the management of a large timber plantation.

Domestic arbitration in relation to ship building contracts, termination rights and estoppel.

Australian Unity Limited ats 500 Burwood Highway – acting for Australian Unity in a dispute concerning the sale of an aged care facility.

Numerous proceedings involving claims under the Water Act 1989, including claims under sections 15, 16, 155 and 157 of the Act.

From 20 May 2011, liability limited by a scheme approved under Professional Standards legislation.