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Expertise

Kyle is a partner in our Melbourne Construction and Infrastructure Group, specialising in construction dispute resolution. 

Kyle also has extensive experience in property-related disputes, including proceedings under contracts for sale of land and commercial leases.

He is an advocate for Alternative Dispute Resolution, having acted in numerous arbitrations, mediations and expert determinations.

Kyle acts for principals, contractors and consultants and a number of Victorian Government agencies and departments. He has conducted cases before all Victorian courts, the Federal Court of Australia and various tribunals and industry boards.

Kyle is recognised by Best Lawyers as a leading practitioner in Construction/Infrastructure Law.

Experience

Kyle's experience includes:

  • acting in a major arbitration involving the construction of electricity and steam generation facilities at six Victorian hospitals, including companies from Australia, New Zealand, France and America (the Victorian Hospitals Cogeneration Project – VHCP)
  • acting in a major arbitration for a Victorian government agency arising from freeway extension and duplication works in regional Victoria
  • advising an engineering company in relation to claims arising from the construction of an underground liquefied petroleum gas facility
  • advising a contractor on the Iluka Mineral Sands Project in relation to claims for variations, extensions of time and related cost, including adjudications under the Building and Construction Industry Security of Payment Act
  • advising water authorities on several matters including issues arising from water storage basin rehabilitation works, issues with filtration systems, latent conditions claims and several other claims by contractors on sewer and construction works
  • acting for a contractor in claims arising from rehabilitation and construction works for a tailings dam in Tasmania
  • advising on numerous payment claims, payment schedules and adjudications under the Building and Construction Industry Security of Payment Act for both claimants and respondents
  • advising a Victorian Government department on claims in the Supreme Court of Victoria by neighbouring property owners relating to potential property damage arising from coastal erosion and land slips
  • acting for a Victorian Government agency in:
    • a major arbitration and parallel Supreme Court proceedings on bridge rectification and protection works, which involved over 30 witnesses from Australia, the UK and Scandinavia
    • expert determinations generally in relation to claims lodged by contractors 
    • litigation relating to the compulsory acquisition of land as well as cases involving heritage and environmental protection issues
    • several arbitrations and in numerous matters in the Supreme and County Courts of Victoria involving works on major freeways, roads and bridges. 

Publications

06 August 2018 - Knowledge

No nuances in adjudicator’s duty: Nuance Group v Shape Australia [2018] VSC 362

#Construction & Infrastructure

An adjudication determination and its subsequent review have both been rendered void following the Supreme Court of Victoria’s recent findings that the adjudicator ‘failed to undertake the required task’ and adopted a ‘non-compliant approach’.

17 July 2018 - Knowledge

Murray Review: The good, the bad, the unlikely

#Construction & Infrastructure

Holding Redlich’s Melbourne Construction and Infrastructure team will soon host a seminar providing a wrap-up of the Murray Review into security of payment legislation, followed by a brief introduction to project insurance.

13 February 2018 - Knowledge

2018: The year ahead in construction and infrastructure

#Construction & Infrastructure

A number of challenges are expected to impact the construction and infrastructure sector in 2018, including: changes to insolvency laws; the Court of Appeal’s recent interpretation of when practical completion has occurred; and the ongoing furore around combustible cladding.