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Construction and engineering
We're a national team of construction lawyers with more than 50 years of experience in commercial, residential, engineering and infrastructure projects. Our lawyers are approachable, collaborative and adaptable problem solvers who focus on mitigating risk.
Natasha Parkhomenko
Senior Associate
Related expertise: Construction and engineering , Disputes and litigation , Insurance
Charles Thornley
Partner
Related expertise: Construction and engineering , Energy transition, Insurance, International
Elizabeth Brookes
Partner
Related expertise: Construction and engineering , Disputes and litigation , Energy transition, Insurance
Kate Witt
Senior Associate
Related expertise: Construction and engineering , Disputes and litigation , Insolvency litigation and recovery action, Insurance
Natale Ilardo
Special Counsel
Related expertise: Construction and engineering , Defamation and protection of reputation, Disputes and litigation , Insolvency and restructuring , Intellectual property , Regulatory and compliance, Reputational risk
Simon Reid
Partner
Related expertise: Construction and engineering , Creditors and debt recovery, Debt finance, Equity and capital markets, Insolvency and restructuring , International, Mergers and acquisitions, Mortgages, guarantees and security agreements, Private equity and venture capital, Restructures
Proportionate liability applies in arbitrations, High Court confirms
The High Court of Australia has allowed an appeal from the decision of the Court of Appeal of South Australia in a long-running dispute on the application of the South Australian proportionate liability regime to disputes which are the subject of arbitration.
Developers' obligations under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 No 9
From 1 March 2021, the transitional period under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 No 9 (the Act) (the Act commenced on 1 September 2020) will come to an end, and the provisions of the Act summarised below, will come into force.
Suzanne Boutsalis
Special Counsel
Related expertise: Construction and engineering , Disputes and litigation , Insurance
Morgan Waters
Special Counsel
Related expertise: Construction and engineering , Disputes and litigation , Insurance
Supreme Court of NSW decision provides a lesson in the court's approach to cladding claims
In a recent decision, the NSW Supreme Court has demonstrated the importance of AS1530.1 combustibility testing in evidence.
The clock keeps ticking for cladding claims
On 14 September 2021, the Victorian Government introduced into the Legislative Assembly a further cladding reform giving building owners even more time to take legal action for cladding related claims.
Construction disputes capacity boosted in Melbourne
Lander & Rogers has welcomed Morgan Waters and Arjunan 'Archie' Thangarajah as Senior Associates to its Insurance Law & Litigation construction practice. 'As a result of the significant growth of our construction practice nationally, we are delighted to bring on board two experienced Senior Associates in our Melbourne office,' said Natasha Stojanovich, a Partner in our Lander & Rogers' Insurance Law & Litigation team.
Builder strikes back against regulator on flammable cladding fix: what are the implications?
In late 2017, the Supreme Court of Victoria handed down its decision in the LU Simon & others v Victorian Building Authority (VBA)1 case. The case has significant ramifications for builders and regulators, providing clarity about the scope of practitioners' obligations and the limits of the regulator's powers. In summary, the Court found that the VBA was acting beyond its statutory powers in directing LU Simon, a builder, to repair allegedly flammable cladding on six apartment complexes, long after occupancy permits had been issued for these developments.
VBA gets green light to pursue the fire engineer of the Neo200 building
A year ago, the Neo200 building was engulfed in flames. One year on, the building's fire engineer, Bruce Thomas, has failed in his bid to side-step disciplinary proceedings brought against him by the state's building regulator (the Victorian Building Authority (VBA)). The VBA was successful, and may now proceed with its disciplinary proceeding against Mr Thomas.
Court holds that VCAT lacks jurisdiction to resolve disputes relating to federal issues
The Victorian Court of Appeal has held that the Victorian Civil and Administrative Tribunal (VCAT) can no longer hear domestic building disputes involving the interpretation or application of federal legislation.
Class closure orders in class actions: Analysing the decision in Parkin v Boral
The recent Full Federal Court decision in Parkin v Boral Limited [2022] FCAFC 47 is the latest in a long line of cases that have considered the court's power to make 'class closure' orders in advance of, and for the purposes of facilitating, mediation.
Elon Zlotnick
Partner
Related expertise: Construction and engineering , Disputes and litigation , Energy transition
The changing legislative landscape of Australia's construction sector in FY24
Lander & Rogers' construction & infrastructure and insurance law experts analyse recently passed and proposed legislation impacting building and construction professionals in Australia, and the changes anticipated in the year ahead.
Accreditation and certification of building consultants in NSW: Navigating a rapidly changing regulatory environment
The recent introduction of certification and registration obligations for building consultants contained in various pieces of NSW legislation have the potential to cause confusion for those caught by the multiple overlapping schemes.
An update on Stage 4 restrictions and the construction industry
Following extensive consultation with the sector, Business Victoria has now provided further guidance on how the stage 4 restrictions will impact the construction industry.
Second extension announced for cladding claims
In an unprecedented development, the limitation period for Victorian-property owners to pursue cladding claims has been extended for a second time.
Kelly Coulston
Partner
Related expertise: Construction and engineering , Creditors and debt recovery, Disputes and litigation , ESG litigation and regulatory investigations, Insolvency and restructuring , Insolvency litigation and recovery action, Regulatory and compliance
Darcy Wilson
Senior Associate
Related expertise: Construction and engineering , Energy transition, Pro bono , Real estate and projects
Tim McDonald
Partner & Practice Group Leader
Related expertise: Construction and engineering , Disputes and litigation , Energy transition, Environment , Environment, social and governance, Government, Real estate and projects, Technology and digital
When the 10-year "absolute" long-stop limitation period is not so absolute...
Sydney Capitol Hotels Pty Ltd v Bandelle Pty Ltd [2019] NSWSC 1825 The NSW Supreme Court has recently found that the 10-year long-stop period for building actions imposed by s6.20 of the Environmental Planning and Assessment Act 1979 NSW (EPA) will not necessarily apply to an action for loss or damage arising in connection with defective building work if the defective work only caused the loss or damage in an 'accidental, incidental or indirect sense'.
Declan See
Senior Associate
Related expertise: Construction and engineering , Disputes and litigation , Insurance, Reputational risk
VCAT's ability to hear complex cases under further threat
This decision opens the door for many more cases – in particular, building cases – to be transferred out of VCAT and up to the County or Supreme Courts.
Building owners given two more years to pursue cladding claims
On 3 September 2020, the Victorian Government introduced into the Victorian Legislative Assembly a suite of cladding related reforms, including giving building owners more time to take legal action for cladding claims.
Is flammable cladding the new asbestos? The issues that developers and builders of future projects involving external wall cladding should consider.
In part four of our Construction & Engineering video series on the flammable cladding crisis, Rohan Bennett — one of our construction disputes and insurance experts — talks about the issues that developers and builders of future projects involving external wall cladding should consider.
Han Yong
Special Counsel
Related expertise: Construction and engineering , Energy transition, Real estate and projects
NSW advances energy transition with approval of Central-West Orana REZ Transmission Project
In more good news for NSW's energy transition focussed around renewable energy zones (REZ), on 26 June 2024 the Minister for Planning and Public Spaces (the Minister) granted an infrastructure approval to the Energy Corporation of NSW (EnergyCo) for the Central-West Orana REZ Transmission Project (the CWO Project). The Minister is the approval authority as the CWO Project is declared to be State Significant Infrastructure under the State Environmental Planning Policy (Planning Systems) 2021.
Prefabricated construction methods on the agenda for the Australian Building Codes Board
On 21 June 2024, the Building Ministers Meeting took place to discuss the priorities of the Australian Building Codes Board (ABCB) for 2024-2025. The ABCB is responsible for developing and maintaining nationally consistent technical standards for the design, construction, and performance of buildings in Australia. Addressing regulatory issues associated with prefabricated construction methods is firmly on the agenda for the ABCB, which is welcome news for the construction industry.
The changes continue: Staged implementation of the Building and Construction Industry (Security of Payment) Act 2021 (WA)
In 2021, following both state and national reviews, the Western Australian government introduced the Building and Construction Industry (Security of Payment) Act 2021 (WA).
Is flammable cladding the new asbestos? What are the issues for the construction industry
This is the second episode in our Construction & Engineering video series on the flammable cladding crisis. In part two, Natasha Stojanovich — one of our construction disputes and insurance experts talks about the importance of carrying out internal audits of past construction projects; notification obligations; insurance renewal issues and the potential exposures in remedial work.
"But the defects were already there!" Certifier loses appeal over defective building work
A certifier recently lost his appeal in the ACT's Court of Appeal over a claim by an owner in relation to building defects. The Court found that he was responsible for building defects, which he failed to identify during mandatory inspections.
Elyse Grassi
Senior Associate
Related expertise: Construction and engineering , Disputes and litigation , Insurance
Chris Philactides
Partner
Related expertise: Construction and engineering , Disputes and litigation , Insurance, Mortgages, guarantees and security agreements
Jason Chew
Special Counsel
Related expertise: Construction and engineering , Disputes and litigation , Insurance
Has the fire been extinguished? A case update on the Lacrosse decision
The Lacrosse Building is a 23 storey mixed-use building located in Docklands, Melbourne. In November 2014, the building was engulfed in flames and 450-500 residents had to be evacuated. The fire's spread was aided by the ACPs on the building's external façade. The ACPs used on the exterior of the building were manufactured in China and had a highly combustible polyethylene core.
Complete the cladding checklist or pay the penalty
By 29 March 2019, building owners in Queensland will need to complete the online combustible cladding checklist. As a result of amendments to the Building Regulation 2006 (Qld) on 1 October 2018, building owners may now be required to register their buildings and complete the online combustible cladding checklist (https://www.saferbuildings.qld.gov.au/). This process is intended to identify buildings in Queensland that may contain combustible cladding.
Complex construction cases moving from the tribunal to the courts: the impact of Plunkett v Portier
Complex construction cases are increasingly being transferred from the Victoria Civil and Administrative Tribunal (VCAT) to the County or Supreme Courts. This trend follows the Tribunal's recent ruling in Plunkett v Portier.
Ryan Cobain
Senior Associate
Related expertise: Construction and engineering , Real estate and projects
Rohan Dias
Partner
Related expertise: Construction and engineering , Disputes and litigation , Energy transition, Real estate and projects
Veronica Chapman
Consultant
Related expertise: Construction and engineering , Disputes and litigation , Insurance