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Experience

Liam is a commercial barrister specialising in commercial, construction, ACL and insurance disputes.

He is recognised as a preeminent construction and infrastructure law barrister both in Victoria and Australia-wide in the peer-reviewed Doyle's Guide. He appears (led and unled) in commercial courts throughout Australia.

Liam has particular expertise in acting in substantial and complex construction and engineering disputes involving litigation or arbitration. Many of these disputes concern major infrastructure projects (across a range of sectors including energy, roads, waste-water treatment plants, desalination plants and hospitals) and involve complex issues of delay, disruption, contract termination and professional negligence.

Liam is also experienced in acting in disputes involving the security of payment legislation, including applications for judicial review, having been involved in a number of significant decisions in this area.

Liam is a member of Victorian Bar's Building and Construction law group and the Society of Construction Law Australia.

A selection of recent cases/ significant cases:

Court proceedings (various)

Tesseract v Pascale (High Court)(Case No A9/2023)

An appeal to the High Court concerning the applicability of State and Commonwealth proportionate liability legislation in arbitration (led by B Walker SC and T Margetts KC).

Biodiversity Sub TC Pty Ltd v Vaughan Construction Pty Ltd & Ors (2023) (Supreme Court of Victoria

Acting for the vendors of land in a large multiparty dispute involving complex geotechnical and hydrogeological issues and allegations of breach of contractual warranties (led by C Archibald KC).

Pirmax Pty Ltd v Kingspan Insulation Pty Ltd [2022] FCA 1340

Acting for the Respondent and Cross-claimant in a proceeding concerning allegations of misleading or deceptive conduct and false product performance claims made in relation to thermal insulation products (led by C Archibald KC , with A Terzic).

Gemcan Constructions Pty Ltd v Westbourne Grammar School [2022] VSC 6

Acting for a successful claimant in an application to enforce an arbitral award and resist an application to set aside the award(unled).

Lendlease Building Pty Ltd v Scientific Fire Services Pty Ltd & Ors (Supreme Court Proceeding of Victoria) (ongoing)

Acting for a claimant seeking to recover losses incurred in connection with claims of professional negligence made as a result of the construction of an apartment building with combustible cladding (led by N Pane KC).

Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2022] SASCA 107

Acting for the Applicant in the referral of a preliminary question as to whether State and Commonwealth proportionate liability provisions apply in arbitration (led by B Walker SC and T Margetts KC) .

John Holland Pty Ltd v The Minister for Works (Western Australian Supreme Court Proceeding)(2022)

Acting for the Minister for Works in a complex dispute involving alleged delay and variation claims in the vicinity of $150M arising from the construction of the Perth Children’s Hospital (led by M Roberts KC and J Taylor SC).

Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2021] SASCA 8

Acting for an appellant seeking to set aside a decision regarding the enforceability of dispute resolution clause in a construction contract (led by T J Margetts KC).

Transurban WGT Co Pty Ltd v CPB Contractors Pty Ltd [2020] VSC 476

Acting for Transurban in application for declaratory and injunctive relief in a major dispute arising from the construction of the West Gate Tunnel Project (led by B Walker SC, M Roberts KC, J Moore KC, with T Breakspear and J Gregory).

Gemcan Constructions Pty Ltd v Westbourne Grammar School [2020] VSC 429

Acting for a contractor in an application to enforce an arbitration clause in a construction contract (unled).

Rocke Brothers Pty Ltd v Civilmech Pty Ltd & Ors (2020) (Supreme Court proceeding)

Acting for a structural engineer defending claims of professional negligence involving alleged failures to take reasonable care (unled).

Sitzler Pty Ltd v GPT RE Ltd [2019] (Federal Court proceeding)

Acting for the head contractor in complex multiparty proceeding in the Federal Court involving professional negligence, alleged building defects and disputed variations (led by R Manly KC).

Monde Construction & Refrigeration Pty Ltd v Intrax Consulting Engineers Pty Ltd (2018)(Supreme Court Proceeding).

Acting for a structural engineer defending claims of professional negligence involving alleged failures to take reasonable care (led by T Margetts KC).

Security of payment matters

Whitehorse Box Hill Pty Ltd v Alliance CG Pty Ltd & Anor [2022] VSC 22

Application for judicial review of an adjudication determination made under the Building and Construction Industry Security of Payment Act 2002 (Vic) (unled).

MKA Bowen v Carelli Constructions [2019] VSC 436

Acting for a contractor applying to set aside an adjudication determination made under the Building and Construction Industry Security of Payment Act 2002 (Vic) on the basis of jurisdictional error (unled).

Westbourne Grammar School v Gemcan Constructions Pty Ltd [2017] VSC 645

Application for judicial review of an adjudication determination made under the Building and Construction Industry Security of Payment Act 2002 (Vic) (unled).

SSC Plenty Road Pty Ltd v Construction Engineering (Aust) Pty Ltd [2016] VSCA 119

Court of Appeal Proceeding. Acting for the head contractor defending an appeal involving the application of the Building and Construction Industry Security of Payment Act 2002 (Vic) (led by T Margetts KC).

Milburn Lake Pty Ltd (trading as Irwin Stockfeeds) v Andritz Pty Ltd [2016] VSC 3

Application for judicial review of an adjudication determination made under the Building and Construction Industry Security of Payment Act 2002 (Vic) (unled).

Arbitration proceedings

N v B&W (2023)

Acting for a council in an arbitration proceeding involving disputes regarding variations, liquidated damages, extension of time and delay costs.

G v W (2021)

Acting for the contractor in arbitration proceeding involving disputes regarding variations, liquidated damages, extension of time and termination (unled).

RC v WW (2020)

Acting for contractor in a dispute involving the construction of a sewerage infrastructure works.

Expert determination

G v E (2018)

Appointed as an expert to determine dispute concerning the interpretation of a variation clause in a major residential apartment development.

From 21st June 2011, liability limited by a scheme approved under Professional Standards Legislation.