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Kyle Siebel


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 has been listed in The Best Lawyers in Australia edition for Construction/Infrastructure Law since 2019, Alternative Dispute Resolution since 2021 and Litigation in 2023. He is also recognised in the 2020, 2023 and 2024 edition of Doyle's Guide as a recommended lawyer in Construction & Infrastructure for Victoria.


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. 


13 February 2024 - Knowledge

Some welcome clarity on when retention moneys can be claimed in payment claims under the SOP Act

#Construction, Infrastructure & Projects

The Supreme Court of Victoria has held that contractors can claim retention moneys as part of a ‘payment claim’ under the Building and Construction Industry Security of Payment Act 2002 (Vic).

17 January 2024 - Knowledge

More welcome clarity on SOP Act payment claims: Security called on by principal cannot be claimed

#Construction, Infrastructure & Projects

A recent decision in the Supreme Court of NSW highlights the difference in how courts treat retention moneys and security bonds/bank guarantees under security of payment legislation.

19 September 2022 - Knowledge

Court dismisses rigorous legal analysis and excessive formality for SOP adjudications

#Construction, Infrastructure & Projects

The Supreme Court of Victoria has dismissed an application to quash an adjudication determination because it found there was no jurisdictional error when the adjudicator decided to proceed with the adjudication under clause 9(2)(b) of the Security of Payment Act despite technical obligations.

05 July 2022 - Knowledge

Limitation periods and multiple occupancy permits: Court of Appeal confirms first in time applies

#Construction, Infrastructure & Projects

A recent Court of Appeal decision has clarified the approach to determining limitation periods for building actions where multiple occupancy permits are issued.

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