Phillip acts for employers, contractors subcontractors and project owners on major construction, energy and infrastructure projects across Australia and internationally, with almost 25 years of experience in private practice and in-house roles.

Biography

Phillip acts for project owners, major construction contractors, subcontractors, consultants and energy companies, including some of Australia’s largest construction, infrastructure and energy participants. He advises domestic and international clients throughout Australia, with particular experience acting for contractors on infrastructure (rail, road and ports), building and energy projects.

Phillip advises on the complete lifecycle of construction and infrastructure projects. His project experience includes large scale infrastructure projects (including roads, rail and ports), energy and renewables (wind, solar, batteries and waste-to-energy projects) and defence projects.

He drafts and negotiates construction contracts (including FIDIC, NEC3, Australian Standards and bespoke contracts), downstream agreements and ancillary agreements (including deeds of amendments/variations and settlement deeds), advises on procurement strategy and project delivery risk, and manages contract administration during project delivery (including providing advice on contractual interpretation and claims). Phillip also provides advice on legal and legislative frameworks that are relevant to clients to ensure that risk (including legislative compliance) is being proactively and efficiently managed.

He acts in complex disputes through litigation, arbitration, expert determination and adjudication. Phillip’s matters include some of Australia’s largest and most technically complex infrastructure disputes. He has acted in multi-jurisdictional proceedings spanning the Supreme Courts of New South Wales, Queensland and Western Australia, the Federal Court, and both international and domestic arbitrations, including pursuant to the arbitration rules of the ICC, LCIA and ACICA.  Phillip has also advised on arbitrations seated in Singapore and been involved in Court challenges in Singapore.

While working In London, Phillip acted on large-scale ICC arbitrations related to energy projects in the Middle East and Turkey.

Prior to private practice, he held a senior in-house role at Lendlease Engineering, which, at the time, was one of Australia’s largest construction contractors. This in-house experience has allowed Phillip to have a strong understanding of the commercial and legal drivers of a business that shape project delivery.

Phillip regularly provides training to clients and has also previously given external presentations as part of the UNSW continuing legal training program.

Phillip brings dual perspective from over 20 years of experience in top-tier private practice in Australia and the UK, and as in-house senior legal counsel at Lendlease Engineering. He is admitted as a solicitor of the High Court of Australia, the Supreme Court of NSW, and in England and Wales.

Credentials

Academic qualifications:

Memberships:

Phillip's experience

Wind farm project

Advised a main contractor in relation to an EPC contract (FIDIC) for a Wind Farm project in WA, as well as advice on legislative compliance and downstream contracts.

East Rockingham Waste-to-Energy project 

Acted for the receivers and managers of East Rockingham RRF Project Co (Project Owner of East Rockingham Waste to Energy Facility) in three separate proceedings, including two in the Supreme Court of Western Australia and one in the Federal Court of Victoria, arising from the A$377 million waste-to-energy facility. The matter involved complex legal issues related to termination, security, extensions of time, patent and copyright and cross-jurisdictional enforcement strategy.

Baker & Provan

Successfully acted for a heavy engineering contractor Baker & Provan, in a contractual claim arising from the construction of military vehicles for the Department of Defence. Obtained judgment for the full amount claimed (Baker & Provan Defence Pty Limited v Supacat Pty Limited [2020] NSWSC 720; [2020] NSWSC 387).

Acciona Infrastructure Australia

Successfully acted for a Acciona Infrastructure Australia in respect of an application to set aside an Adjudication Determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Acciona Infrastructure Australia Pty Ltd v Holcim (Australia) Pty Ltd [2020] NSWSC 1330).

DEAL SRL

Successfully acted for DEAL SRL who was sued by CPB Contractors Pty Ltd in obtaining a mandatory stay to arbitration from the Supreme Court of NSW (CPB Contractors Pty Ltd v DEAL S.R.L. [2021] NSWSC 820).

Payce Communities

Successfully acting for Payce Communities (the builder) in a contractor against a Council in proceedings. in the NSW Supreme Court in respect of unpaid variations and extension of time claims (Payce Communities Pty Ltd v Canterbury Bankstown Council [2021] NSWSC 331), and two further proceedings regarding challenges to the contractor's rights under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Canterbury Bankstown Council v Payce Communities Pty Ltd [2019] NSWSC 1419; Canterbury Bankstown Council v Payce Communities Pry Limited [2019] NSWSC 1803).

Hansen Yuncken

Successfully acted in a domestic arbitration for Hansen Yuncken in a contractual claim arising from the construction of a satellite facility in NSW as well as defending a leave to appeal in the Supreme Court of NSW (ViaSat Inc v Hansen Yuncken Pty Ltd [2024] NSWSC 1581).

American solar farm contractor

Acted for an American solar farm contractor regarding a design and construct contract for a major solar farm project in NSW, including advising on upstream and downstream issues. This included acting on three adjudications and a domestic arbitration (circa $20 million). The arbitration was proceeded by three adjudication under the Building and Construction Industry Security of Payment Act 1999 (NSW).

Awards, recognition and ranking