Michael Stretton

Expertise

Michael specialises in construction based litigation. He has practised extensively in both the State and Federal Courts, having acted for a number of blue-chip building and construction clients as well as for government regulatory agencies. 

Michael has also worked extensively in the area of insolvency, acting for liquidators, administrators and trustees in the Federal and State Supreme Courts. Michael has also acted for the Queensland Building and Construction Commission in bankruptcy and winding-up proceedings. 

Michael has a detailed and in-depth knowledge of the legislative instruments relevant to claims under the various national security for payment acts, as well as a comprehensive understanding of the complex requirements of construction-based litigation in the Courts. 

Experience

Michael has specialist dispute resolution experience crossing all forms of the building and construction landscape, having acted for a number of first tier clients in contractual disputes, claims made under security for payment legislation as well as court-based litigation. 

Working closely with his clients, Michael is able to quickly and effectively identify and manage risks associated with all stages of the construction dispute process, allowing him to communicate in the language familiar across the industry. 

Michael looks to develop a close understanding of his client’s business with a view to identifying and implementing strategies which meet their corporate and commercial objectives. 

Michael has developed these skills through his broad experience, including: 

• acting for a commercial building contractor in the Queensland Court of Appeal in relation to claims of latent defects by a subsequent purchaser
• acting for a various Queensland and Australian based construction companies in cross-border litigation in Hong Kong and Papua New Guinea
• defending a major civil contractor against a multi-million dollar quantum meruit case following a successful adjudication under the Building and Construction Industry Security for Payment Act 2004 
• acting for the Queensland Building and Construction Commission in a number of significant decisions in relation to the Queensland Home Warranty Insurance Scheme 
• acting for contractors seeking urgent injunctions to restrain principals from having recourse to bank guarantees provided under construction contracts
• defending a concreting subcontractor against a multi-million dollar defect claim arising from a negligent design produced by the principal’s engineering contractor 
• adjudication proceedings in relation to the Wiggins Island Coal Export Terminal and APLNG Gas Processing Facilities
• acting for a commercial building contractor in the Queensland Court of Appeal, appealing a refusal to set aside an adjudicator’s decision made under the Building and Construction Industry Security for Payment Act 2004 for jurisdictional error.