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Joshua Fetherstonhaugh

Senior Associate - Melbourne

Areas of Expertise

Dispute Resolution & Litigation

Expertise

Joshua is a Senior Associate in the Melbourne Dispute Resolution and Litigation Group. Joshua joined Holding Redlich in February 2020, having previously practiced for over eight years at a highly regarded boutique litigation firm in Perth, Western Australia. 

He has a broad range of experience in commercial litigation, including contractual disputes, building and construction, property, insolvency and land acquisition compensation matters.

He acts for a broad range of clients, including large corporate entities, developers, building and construction companies, contractors, consultants, company directors and high net worth individuals. 

Before relocating to Victoria, Joshua represented clients in disputes in various forums, including the District and Supreme Courts of Western Australia and the State Administrative Tribunal of Western Australia, in which he regularly appeared for clients in contested interlocutory hearings and at mediation. Joshua’s key focuses are to:

  • understand and promote his clients’ objectives
  • provide commercial strategic legal advice
  • resolve disputes in the most efficient and cost effective manner for his clients. 

Experience

Since being admitted to practice in August 2012, Joshua has acted on a number of complex disputes including:

Land acquisition compensation

  • advising and representing a large corporate entity in relation to a land acquisition compensation claim commenced against a state government department in the Supreme Court of Western Australia
  • advising a high net worth individual in relation to land acquisition compensation arising from the compulsory acquisition by a state government department of commercially zoned land located in Perth, Western Australia.

Contractual disputes

  • acting in defence of a defects and delay claim brought by a developer against a large construction company in the Supreme Court of Western Australia, in relation to a block of luxury apartments constructed by the client builder  
  • representing a developer of short stay apartments in the District Court and Supreme Court (Court of Appeal) of Western Australia, in relation to a multi-story development in Mandurah, Western Australia
  • defending a claim brought by a developer in the Supreme Court of Western Australia, in relation to alleged construction defects existing to a logistics warehouse constructed by a subsidiary of an ASX listed company
  • advising a subcontractor involved in the construction of a large mining project in the Pilbara region of Western Australia, in relation to obtaining an interlocutory injunction against the head contractor, who had attempted to drawn down on a bank guarantee provided under the contract.

Property

  • representing a commercial property landlord in the District Court of Western Australia for recovery of damages arising from the tenant’s breaches of its lease agreement.

Publications

20 May 2020 - Knowledge

The end of the beginning: How will the ‘new normal’ affect businesses’ consumer law obligations?

#Dispute Resolution & Litigation, #COVID-19

A recent ACCC penalty against BUPA is a timely warning against fees for no service in the post-COVID era.