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Bachelor of Laws
Accredited Adjudicator – QLD, NSW, SA, ACT
Paul is a construction lawyer and commercial litigator with experience spanning
over 30 years in the building and construction industry, from apprentice
carpenter, to subcontractor, supervisor, project manager, estimator, drafter,
builder, supplier, lawyer and adjudicator. He understands builders, contractors
and suppliers in a practical sense, their language, their challenges and their
philosophy. He speaks plainly and gives practical advice.
Paul has extensive knowledge and experience in construction dispute
resolution including litigation, mediation, adjudication under security of payment
legislation as well as at the front-end with negotiation & drafting of building
contracts, subcontracts, joint ventures, alliance and partnering arrangements.
Paul has acted for principals, head contractors, subcontractors, engineers,
architects and suppliers on a wide range of projects and values. As one of
Queensland’s senior adjudicators, Paul’s knowledge and experience of the
Building and Construction Industry Payments Act is of the highest level. That
knowledge and experience has benefited many of Paul’s clients who have
found themselves as claimants or respondents under the BCIPA or before the
Supreme Court challenging or defending an adjudicator’s decision.
Paul has worked extensively in both front-end and back end aspects of
construction law and also in mining related matters for equipment and
infrastructure providers and service contractors. Whilst he has extensive
commercial litigation experience in a wide range of disputes, it is particularly in
commercial and civil construction related matters where Paul has focussed his
practice.
Construction & Mining
Construction Dispute Resolution
Security of Payment Legislation
Construction Contract Negotiation and Drafting
Construction Industry Regulatory Matters
Commercial Litigation
Insolvency
Paul has experience in all levels of construction dispute resolution from
domestic building disputes in QCAT to major litigation of commercial disputes
in the Queensland Supreme Court and Court of Appeal. Most commonly,
litigation, mediation and adjudication under security of payment legislation is
the means used to resolve construction disputes however, the appropriate
means of resolving a dispute will depend on the circumstances and can
sometimes involve arbitration and expert determination. In all cases and for
the best results, resolving construction disputes requires early identification of
objectives, creative strategic planning, attention to detail and a cool head.
Paul is one of Queensland’s senior registered adjudicators and is also an
adjudicator in New South Wales, South Australia and the ACT. That intimate
knowledge of security of payment legislation and the related case law makes
Paul’s expertise extremely valuable to claimants and respondents alike.
Paul is accustomed to the high pressure of preparing adjudication applications
and adjudication responses in the limited time available and on large matters
he often attends the offices of his clients wherever they may be to work with
their personnel in preparing their material as quickly and as effectively as
possible.
Should respondents wish to take action in the Supreme Court to challenge an
adjudication decision, Paul’s experience as a senior adjudicator is of immense
help in identifying flaws in adjudication decisions which can form a basis of a
successful application to the Supreme Court to have an adjudication decision
set aside.
Paul has advised on and negotiated most standard form head contracts and
subcontracts as heavily amended standard forms and bespoke contracts
(custom drafted for a specific project or purpose) are increasingly common.
With the enactment of security of payment legislation throughout Australia,
drafting of bespoke contracts has become even more prevalent. Paul has also
drafted and advised on alliance and partnering agreements, tripartite
agreements and joint venture agreements (JVs).
The construction industry in Queensland is heavily regulated. A network of
legislation affects how, when and by whom building work can be undertaken.
The licensing regime in Queensland is regulated by the Queensland Building
and Construction Commission (QBCC) (formerly the QBSA) and the
consequences of carrying out building work while unlicensed or with the
incorrect licensing can be devastating. Paul has a great deal of experience in
advising contractors on licensing and other regulatory requirements and
provides advice and representation in respect to reviewing QBCC decisions
Paul is a very experienced commercial litigator. Debt recovery, partnership
disputes, company and shareholder disputes, matters under the Australian
Consumer Law or the Corporations Act, and any dispute between commercial
interests including of course, construction disputes. Paul knows the procedures
and strategies required for resolving commercial disputes by both litigation and
mediation.
Paul has advised and represented clients in both corporate and personal
insolvency matters. He is well versed in the process for issuing and challenging
statutory demands, winding up corporations voluntarily or by Court order,
external administration and deeds of company arrangement as well as
bankruptcy notices and procedures under the Bankruptcy Act for personal
insolvencies.
 Building contract drafting and negotiation.
 Construction dispute resolution including commercial litigation in State and
Federal Courts as well as QCAT, mediation, arbitration, expert determination
and adjudication under security of payment legislation (preparation of
payment claims, adjudication applications, payment schedules and
adjudication responses under the Building and Construction Industry
Payment Act 2004).
 Licensing disputes and reviews of QBCC decisions.
 Commercial litigation in State and Federal Courts as well as QCAT for all
manner of commercial disputes.
 Insolvency