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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

13 February 2018 - Blog

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.

05 December 2017 - Blog

SOPA: A deemed reference date is no reference date at all

#Construction & Infrastructure

The New South Wales Court of Appeal recently affirmed a trial judge’s findings that a contractual provision deeming an early progress claim to have been made on the relevant reference date is ineffe...

04 July 2017 - Blog

A bridge too far: Decision on good faith overturned by the Victorian Court of Appeal

#Construction & Infrastructure

In the recent decision of Masters Home Improvement Pty Ltd v North East Solutions Pty Ltd [2017] VSCA 88, the Victorian Court of Appeal provided further guidance in relation to how a contractual duty of good faith operates...