FORREST, Joseph

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FORREST, Joseph


Areas of Practice

 

Joe practices in the following areas:

  • commercial disputes, especially building and engineering disputes
  • professional negligence claims
  • commercial arbitrations
  • Building and Construction Industry Security of Payment Act matters
  • Australian Consumer Law claims
  • domestic building disputes and insurance claims

Joe’s practice is predominantly involved in building and construction litigation and he has been briefed to advise prior to the commencement of litigation through to appearances in commercial and domestic building disputes in the Courts, VCAT and the Building Appeals Board at the trials of the proceedings. Joe has appeared for the various stakeholders in the industry including proprietors, contractors, sub contractors, architects, engineers and indemnity and warranty insurers.Many of the disputes that Joe has appeared in have involved complex and technical building and engineering issues concerning defective works claims; contract termination issues; programming and associated contractual issues including claims for extensions of time, prolongation and acceleration;advice concerning inter contract disputes during the course of the project etcBefore coming to the Bar, Joe was a solicitor and senior associate at Phillips Fox in Melbourne.During his employment Joe worked in the firm’s construction division under the supervision of John Curtis and Chris Edquist. On coming to the Bar, Joe read with John Digby QC (now Justice Digby of the Supreme Court).Joe generates a rapport with his clients, guiding them through the maze that is often building and construction litigation. He also has a strong commercial instinct which enables a client’s interest to be advanced in a strategic and cost effective manner.Some of the technology, construction and engineering disputes that Joe has been involved in include:Litigation – Court proceedings

  • Acting for a building contractor in its appeal to the Supreme Court of Victoria from a decision in VCAT concerning its claims for damages arising from the termination of its building contractor with one developer of a multi developer multi housing development in Maribyrnong, Victoria
  • Acting for a developer in the County Court of Victoria concerning its claim for compensation arising from building damage to two of its four residential units caused by the drying effects of the neighbouring trees
  • Acting for a building contractor in the County Court regarding its claim for payments arising from its civil works contract in respect of a residential development
  • Acting for a contractor in the County Court of Victoria in respect of a claim for the hire of access equipment concerning a number of residential developments
  • Acting for a building contractor in the County Court regarding its claim for payments arising from its civil works contract in respect of a residential retirement village
  • Acting for a plumbing contractor in the County Court of Victoria in respect of a claim made by an existing owner of a house damaged by fire
  • Acting for a building contractor in the County Court of Victoria in respect of a claim for payment of cartage costs of soil from a large residential development project in Southgate
  • Acting for an architect in respect of its claim for fees against the developer and the defence of the counterclaim against it by the developer for loss of profits and damages concerning the residential development of apartments in Northcote, Victoria
  • Acting for a developer in respect of a claim for final payment by a building contractor arising from the construction of 8 residential apartments in Northcote, Victoria

Litigation – VCAT

  • Acting for a contractor in its dispute with one of a number of developers concerning the inadequacies of the structural engineering design and the termination of the building contract in VCAT and in the Supreme Court of Victoria
  • Acting for an owner in respect of a claim against an architect regarding supervision, contract administration and negligence following the insolvency of the original contractor and itsreplacement with a new contractor
  • Acting for a developer against an architect in respect of the architect’s claims for fees associated with the development of a bowling alley in Richmond, Victoria
  • Acting for owners in respect of a claim against their contractor regarding defective & incomplete works and the termination of the substantial building contract for the renovations and additions of their domestic residence
  • Acting for a building contractor for claims for the non payment of joint venture profits from a developer following the appointment of an administrator to the building contractor and the entry into a Deed of Company Arrangement
  • Acting for an owner in respect of a claim against the contractor regarding defective & incomplete works and the termination of the building contract for the construction of a new home in Corinella
  • Acting for a developer concerning its claim for the costs of rectification and completion of the construction of seven up-market inner city residential apartments in Fitzroy
  • Acting for a developer concerning a claim by a director that the personal guarantee he executed was discharged due to the variation of the principal building contract in respect of the developers claim for the costs of rectification and completion of the construction of seven up market inner city residential apartments in Fitzroy against the directors

Litigation – Building Appeals Board proceedings

  • Acting for an adjoining owner of a 12 storey office building in Melbourne concerning the adequacy of proposed protection works in proceedings concerning Part 7 of the Building Act 1993 and the review proceedings in the Supreme Court of Victoria
  • Acting for an adjoining owner of a Melbourne CBD bar/restaurant concerning the adequacy of proposed protection works in proceedings concerning Part 7 of the Building Act 1993 and the trespass into the adjoining owner's airspace
  • Acting for a building surveyor concerning complex technical disputes regarding fire safety services and structural engineering issues in respect of a commercial storage facility
  • Acting for a large contractor in respect of a claim for compensation arising from protection on works concerning a multistorey residential development in inner city Melbourne
  • Acting for an adjoining owner of inner city domestic residence regarding the adequacy and performance of proposed protection works on an adjoining commercial development
  • Acting for an adjoining owner regarding the neighbouring owner's breaches of the Building Regulations 2006 in carrying out renovations and additions resulting in proceedings before the Building Appeals Board and review proceedings in the Supreme Court of Victoria
  • Acting for an adjoining owner regarding the neighbouring owner's modification application in accordance with s 160 of the Building Act 1993 concerning set back and overlooking issues

Non litigation / prelitigation advice

  • Providing advice to an engineering contractor in respect of its disputes with an authority inWestern Australia concerning the development of a coal fired electricity plant
  • Providing advice to an engineering contractor in respect of its disputes concerning the purchase of an engineering contractor and its claim for loss of profits and damages arising from the sale
  • Providing advice to a contractor in respect of its dispute with an owner concerning the renovations and additions to a substantial house in Melbourne pursuant to a $4m buildingcontract
  • Providing advice to a contractor in respect of the negotiations for the execution of a $17m building contract for the construction of residential housing in Kew, Victoria
  • Providing advice to a developer in respect of a claim for final payment by a building contractor arising from the construction of 8 residential apartments in Northcote, Victoria
  • Conducting pre-litigation discussions and negotiations for a contractor concerning the ingress to basement of substantial Toorak home

* Some of these disputes have involved direct briefs in accordance with the Victorian Bar Rules.

ADR

Given the nature of building and construction disputes, Joe has appeared in numerous forms of ADR including mediations, compulsory conferences and informal negotiations and has been engaged as a mediator in respect of these types of disputes from time to time.

Professional Memberships

  • Committee Member - Building Dispute Practitioners' Society
  • Member of VCAT's Building & Property List Users' Group
  • Member of Society of Construction Law
  • Member of the HIA Industrial Relations and Legal Committee

 


 

From 18/03/2010, Liability limited by a scheme approved under Professional Standards Legislation.


 

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