Divya acts for developers and head contractors on complex construction disputes involving commercial, mixed-use, and infrastructure projects, providing pragmatic, commercially focused advice.

Biography

Divya acts for developers and head contractors on commercial, mixed-use and infrastructure projects, advising on complex contractual issues arising during project delivery and representing clients in construction disputes. Her practice includes defects, delay, payment disputes, insurance-related issues, and the commercial challenges that arise when projects are affected by the financial distress or insolvency of project participants.

She regularly advises on claims arising under key construction legislation, including the Design and Building Practitioners Act 2020 (NSW) and the Building and Construction Industry Security of Payment Act 1999 (NSW). She also advises clients on the practical application of new and evolving construction legislation throughout project delivery and dispute resolution.

Divya regularly represents clients in court proceedings, including urgent interlocutory applications for freezing and asset preservation orders. She is engaged on matters requiring strategic advice where contractual, statutory and insolvency issues intersect.

Credentials

Academic qualifications:

Memberships:

Divya's experience

The Owners – Strata Plan No 92226 v 1A Eden Pty Ltd [2026] NSWSC 563

Acted for the successful owners corporation in Supreme Court proceedings arising from significant building defects at the 1A Eden development.  The matter involved obtaining leave to proceed against a developer in liquidation, complex trust indemnity issues, and urgent asset preservation orders to preserve trust assets pending recovery proceedings.  Successfully obtained judgment for $2.5 million together with a gross sum costs order exceeding $1 million.

Security of Payment adjudications

Acted for developers and head contractors in adjudications under the Building and Construction Industry Security of Payment Act 1999 (NSW), including:

Murfield Pty Ltd v Novati Constructions Pty Ltd (in administration) [2026] NSWSC 399

Acted for a developer in Supreme Court proceedings arising from a Security of Payment adjudication against a contractor in administration.  Advised on the interaction between the Security of Payment regime and the Corporations Act, securing undertakings requiring adjudication proceeds to be held on trust pending determination of the parties' underlying rights.

Witron Australia Pty Ltd v Turnkey Innovative Engineering Pty Ltd [2023] NSWCA 305

Acted for the successful respondent in Supreme Court and Court of Appeal proceedings concerning the adequacy of payment schedule reasons under the Building and Construction Industry Security of Payment Act 1999 (NSW), contributing to an important appellate authority on Security of Payment legislation.

Lendlease – Barangaroo End of Trip Facility Upgrade Project

Advised Lendlease on the administration of a $21 million major works contract for the Barangaroo End of Trip Facility Upgrade Project, including latent site conditions, extensions of time, variations and contractual risk management during project delivery.

NEC Australia – Footscray Hospital PPP

Advised NEC Australia on complex contractual issues arising during the delivery of the Footscray Hospital PPP, including contractual entitlements relating to variations, extensions of time, payment claims and dispute management.

Awards, recognition and ranking