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Kyle Siebel

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 has been listed in The Best Lawyers in Australia 2019 to 2022 edition for Construction/Infrastructure Law and Alternative Dispute Resolution. He is also recognised in the 2020 edition of Doyle's Guide as a recommended lawyer in Construction for Victoria.

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

23 March 2021 - Knowledge

Security of Payment update: Claimants beware – fast track judgment will be denied

#Construction, Infrastructure & Projects

A recent decision by the Victorian Court of Appeal clarifies that if excluded amounts are included in a payment claim, the claimant cannot obtain summary judgment under the Security of Payment Act for the unpaid portion of the claimed amount.

24 March 2020 - Knowledge

Prudent planning when considering response to a show cause notice

#Construction, Infrastructure & Projects

Reasonable planning by the principal about how to perform the works when considering a response to a show cause notice is not evidence of failure to exercise the obligation of good faith.

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