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Kirsty Smith

Expertise

Kirsty Smith has been a key member of the firm’s Building and Construction practice for 10 years, and is an experienced construction dispute lawyer and front-end lawyer. 

Experience

Kirsty’s experience includes advising on risk and drafting agreements for developers and contractors, and advising, negotiating, and acting in court proceedings, adjudications and alternative dispute resolution proceedings on construction disputes involving multi-national companies, mining companies, engineers, property developers and contractors.

Kirsty works as part of a focussed team to successfully achieve objectives set by clients, including coordinating high pressure adjudication proceedings and instructing junior and senior counsel in both the State and Federal System. Her understanding and interest in our client’s business and projects helps her to achieve the best result possible for our clients.

Kirsty’s contribution to the successful outcomes obtained by our clients in major construction and infrastructure disputes is founded on her dedication to our clients as well as her pragmatic approach to advising on strategies to overcome obstacles. 

Examples of Kirsty’s construction dispute experience include the following:

  • Brisbane Airport — acted in relation to 2 significant disputes (between $10 million and $30 million+) in relation to design works and Supreme Court Proceedings.
  • GIS Substation project in New South Wales (Holroyd and Rookwood Road Project) — acted for a professional service consultancy company in relation to the design works and involving adjudications and advice on substantive proceedings, and resulting in a commercial settlement
  • Northern Territory Secure Facilities Project — acted for an Australian subsidiary of a Fortune 100 company in relation to a security systems subcontract involving a maximum security prison in the Northern Territory, resulting in complex adjudication proceedings and successfully defending an appeal of the adjudication decision in the Northern Territory Supreme Court
  • Sino Iron Ore Project — acted for a civil contractor in relation to major civil pipeline construction projects in Western Australia involving adjudications, mediations, a commercial arbitration and substantive Federal Court proceedings. In addition to contributing the all aspects of the proceedings, Kirsty was responsible for implementing an electronic disclosure regime which resulted in review of over 100,000 documents
  • Legacy Way Tunnel, Project Connection — acted for a joint venture in defending a claim brought by Energex Limited under the security of payment legislation in Queensland, resulting in a commercial settlement
  • “The Sands” at Yamba — acted for a commercial building company in relation to a residential building claim by a body corporate concluding to a successful determination by the Consumer, Trader and Tenancy Tribunal in New South Wales
  • Clem Jones Tunnel in Queensland — acted in alternative dispute resolution proceedings and Court of Appeal proceedings in relation to signage works on the Clem Jones Tunnel in Queensland, which resulted in a commercial settlement.

Injunctions

  • acted in various Originating Applications seeking urgent injunctive relief in the Supreme and Federal Courts
  • prohibitory injunctions to restrain Principals on construction projects from having recourse to the security (bank guarantees) (acting both for Principals and against Principals)
  • mandatory injunctions seeking delivery up of goods.

Adjudication proceedings, advice and associated court proceedings

  • acted for various contractors in relation to the Gladstone LNG Project on Curtis Island.

Debt recovery

  • advising clients of options for enforcing judgment debts
  • enforcement of judgment debts in the Supreme and District Court of Queensland, including
  • acting in proceedings for the enforcement of a judgment debt against a Director of a company liable for the judgment debt pursuant to a personal guarantee
  • applying for enforcement warrants for the seizure and sale of property
  • applying for, and instructing Counsel at, an enforcement hearing
  • applying for the appointment of a receiver to call up informal loans made by the debtor company to interrelated companies payable on demand
  • enforcement of a judgment debt in the small claims division of the Local Court of New South Wales, by way of a Notice of Motion for the issue of a writ for the levy of property against the judgment debtor
  • lodging/removing caveats over property
  • recovery of debts under the Subcontractors’ Charges Act 1974 (Qld), including instructing Counsel in associated proceedings in the Supreme Court of Queensland
  • issuing statutory demands under the Corporations Act 2001 (Cth).

Publications

22 May 2018 - Blog

What's News in Healthcare? – 22 May 2018

#Construction & Infrastructure

Trans fats could be stripped from global food supply within five years: It's in margarine, ghee and fried food like hot chips — but according to some experts "trans fat is an unnecessary toxic chemical that kills, and there's no reason people … should continue to be exposed"

21 May 2018 - Blog

What's News in Construction & Infrastructure? - 21 May 2018

#Construction & Infrastructure

2018-19 Budget—Infrastructure: Busting Congestion, Connecting Our Regions, Improving Safety and Creating Jobs Federal Government: The Liberal and Nationals Government will invest more than $75 billion in nationally significant transport infrastructure projects over the next 10 years, including new funding of $24.5 billion for projects and initiatives which will improve Australians' lives across every State and Territory.

14 May 2018 - Blog

What's News in Healthcare? - 14 May 2018

#Construction & Infrastructure

The fake doctors who get away with medical fraud: Melbourne man Raffaele Di Paolo pleaded guilty last week to abusing patients while practising as a specialist without qualifications.