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Expertise

Christine is a construction and commercial litigator with 20 years' experience across residential, commercial and infrastructure asset classes. She is the editor of Residential Focus, a fortnightly newsletter for professionals in the residential building sector in NSW.

Christine is also the interface partner for the firm's NSW government practice and the editor of NSW Government Bulletin.

Experience

Christine's experience includes:

Residential

  • acting for owners, owners corporations and builders in residential building disputes including contract disputes and claims for breach of statutory warranty in the NCAT jurisdiction
  • acting for home owners and inspectors in disputes over negligent performance of pre‑purchase inspections
  • acting for a local council in relation to the enforcement of fire safety orders affecting a residential high rise building
  • acting for a nationwide building material and machinery manufacturer and supplier in relation to warranty claims by consumers, including in circumstances where technical staff were used as experts in proceedings to which the manufacturer was not a party
  • advising a television production company behind a national lifestyle show regarding Home Building Act compliance
  • advising home building professionals on Home Building Act compliance
  • advising developers in the charities sector regarding Home Building Act compliance
  • advising subdivision developers on Home Building Act issues affecting project structuring
  • running a substantial practice:
      • acting for the statutory insurer in proceedings for the recovery of home building insurance payments, including significant claims against high profile contractors and developers
      • acting for the statutory indemnifier in relation to home warranty insurance claim disputes and recoveries in a range of jurisdictions
  • in either case, the defects claims spanned the range of individual dwellings to large high rise and mixed commercial developments
  • acting for the liquidator of two home warranty insurers in defending and asserting claims in relation to home warranty insurance policies.

Commercial & Infrastructure

  • advising the project management office of a regional council in relation to project management issues arising across a variety of State and Commonwealth funded infrastructure projects in road, water and waste asset categories, including conducting performance audits of the PMO at key project milestones
  • advising a regional council on the impending insolvency of a contractor on an infrastructure project
  • advising a regional council on close out of a road project contract
  • advising a regional council on a $80m claim against a product supplier for defective road base affecting road assets across its network
  • acting for a subcontractor in upstream and downstream disputes regarding performance of an infrastructure contract
  • acting for a mine operator in a claim against a mechanical upgrade contractor
  • acting for a materials manufacturer in a claim against its joint venture participants for diverting a business opportunity
  • acting for applicants and respondents on Building and Construction Industry Security of Payment Act 1999 (NSW) claims
  • acting for various end-users, contractors and professional service firms in relation to money and defects claims in a range of jurisdictions
  • acting for a landlord in dispute with a tenant over restaurant premises rendered inoperable by the actions of an adjoining residential owners corporation in interfering with a mechanical ventilation shaft
  • acting for a railway owner in a commercial arbitration involving a local authority regarding payment for access to the track and interruption of overhead line electrification
  • acting for a machinery supplier in a cross border dispute with a mining company
  • advising a prepared food wholesaler and owner of a production facility in relation to issues arising from the purchase of a food production facility site, in particular the inadequate remediation of the food production facility site, a former mine, as part of the purchase.

Government

Christine’s government experience includes advising agencies in relation to:

Disputes

  • defence of a bailment claim by a former tenant and prosecution of a cross claim for remediation costs of asbestos contamination under s.105 of the Protection of Environment (Operations) Act
  • advice on s.133A of the Conveyancing Act in the context of a claim for make good by a landlord
  • liability to a former tenant under a letter of comfort arising from a potential change of use of a waterfront asset
  • a dispute regarding an adverse affectation on title related to an infrastructure project
  • a dispute regarding allocation of project risk and rectification of defects in an urban renewal project constructed by a developer with the benefit of a 99 year lease
  • relationships with private sector operators in contemplation of the implementation of a new policy for the use of agency owned facilities used by those operators
  • applications made by long term leaseholder of a hotel development including dealing with change of operator and financier
  • a dispute regarding the calculation of performance rents
  • a dispute regarding the ability to vary waterfront licences
  • the fraudulent issue of certification cards and other documents by a private sector organisation whose approval had been cancelled by the agency
  • the unauthorised use of agency names and trade marks by a private fund raiser purporting to have been engaged by a charitable organisation to generate funds on their behalf
  • a claim against former lawyers for professional negligence
  • contested subpoena and subpoena in sensitive matters
  • recovering amounts paid under a statutory insurance scheme and defending claims disputes in relation to recourse to a statutory indemnity. Complexities included administrative law challenges, questions of statutory interpretation, elapsed time and reluctant witnesses
  • the failed installation of critical software systems on the advice of an outsourced IT services provider. The case, which was conducted in the Technology and Construction List of the Equity Division of the NSW Supreme Court involved substantial electronic discovery and over 30 (mostly public sector employee) witnesses for the plaintiff alone. The case was successfully settled in the context of a mediation
  • a commercial arbitration involving outstanding payment to the railway owner by a local authority for access to the railway track and interruption of overhead line electrification.

Inquiries, investigations and reviews

  • an employee disclosure relating to alleged invoice padding/siphoning
  • a desktop review of Council land acquisition at less than arms length
  • an independent review of a series of transactions relating to Crown land
  • the Operation Spector public inquiry by the ICAC regarding alleged corrupt solicitation of funds by public officials (engaged on behalf of a public sector witness)
  • the Operation Acacia segment of the public inquiry by the ICAC into the NSW public sector regarding allegations concerning mining exploration licences (acting for a private sector witness)
  • the Operation Scania public inquiry by ICAC, engaged to represent a Council employee including appearing as solicitor advocate.

Publications

28 July 2021 - Knowledge

Residential Focus

#Property, Planning & Development

Registered easements are now required for installing ground anchors on a neighbouring property under the Design and Building Practitioners – Particulars for Regulated Designs Order 2021

21 July 2021 - Knowledge

Construction in lockdown – except ‘urgent’ works

#Construction, Infrastructure & Projects, #COVID-19

Following the NSW Government’s restrictions on construction works across the Greater Sydney Area, we look at what work can still be performed during this time and actions you should be taking according to your contract.

30 June 2021 - Knowledge

Residential Focus

#Property, Planning & Development

HIA revealed Australia’s strongest markets for home building in the 2021 edition of the HIA Population & Residential Building Hotspots Report. The report is aimed at finding employment growth areas targeted towards builders and tradies and identifies hotspots in all states and territories.

16 June 2021 - Knowledge

Residential Focus

#Property, Planning & Development

In the final instalment of our series on the Design and Building Practitioners Act 2020 (NSW), we look at the key provisions of the Act and Regulation which affect certifiers.

02 June 2021 - Knowledge

Residential Focus

#Property, Planning & Development

In this third instalment of our series on the Design and Building Practitioners Act 2020 (NSW), we look at the key provisions of the Act and Regulation which apply to building practitioners.

19 May 2021 - Knowledge

Residential Focus

#Property, Planning & Development

In the second instalment of our series on the Design and Building Practitioners Act 2020 (NSW), we look at the key provisions of the Act and Regulation which apply to principal design practitioners.

05 May 2021 - Knowledge

Residential Focus

#Property, Planning & Development

In this edition, we begin our series of snapshots for each group of professionals who will be affected by the commencement of the registration and compliance provisions of the Design & Building Practitioners Act on 1 July 2021.

27 April 2021 - Knowledge

NSW Government Bulletin

#Government, #Native Title

The NSW Select Committee has made 39 recommendations to address the high level of First Nations people in custody and deaths in custody. We put a spotlight on some of the recommendations relating to changes in the law, court processes and delivery of services.

21 April 2021 - Knowledge

Inside track: Local Government

#Local Government

We identify some traps and tips for councils when preparing payment schedules or responses to payment claims under the Security of Payment Act.

21 April 2021 - Knowledge

Residential Focus

#Property, Planning & Development, #Construction, Infrastructure & Projects

The long-awaited Design and Building Practitioners Regulation 2021 has been quietly released. We discuss the key provisions.

07 April 2021 - Knowledge

Residential Focus

#Property, Planning & Development

The Government has released an exposure draft of the Mutual Recognition Amendment Bill 2021 that seeks to introduce an automatic recognition scheme in July to cut red tape for contractors working in multiple states and territories.

17 March 2021 - Knowledge

NSW Government Bulletin

#Government

In this edition, we revisit our annual Government lawyers CLE intensive program conducted earlier this month.

10 March 2021 - Knowledge

Residential Focus

#Property, Planning & Development

Builders are entitled to recover disputed payment claims from owner occupiers under the amended Security of Payment legislation for contracts entered into after 1 March 2021.

17 February 2021 - Knowledge

NSW Government Bulletin

#Government

Holding Redlich's annual Government lawyers CLE intensive program returns next week as a virtual event from 22 February to 5 March 2021.

10 February 2021 - Knowledge

Residential Focus

#Property, Planning & Development, #Construction, Infrastructure & Projects

In this edition, we look at a recent court case that demonstrates the importance of a clear and thoughtfully drafted scope of work in a construction contract that includes the purpose for which the works are required.

18 January 2021 - Knowledge

NSW Government Bulletin – summer edition

#Government, #Construction, Infrastructure & Projects, #Data & Privacy, #Planning, Environment & Sustainability

In this special edition of our fortnightly publication, we reflect on both a tumultuous year for policymakers and on the delivery of government services and the changing times in which the government operates.

16 December 2020 - Knowledge

Residential Focus

#Property, Planning & Development

In this edition, we look at a recent decision where the Appeal Panel takes a broader approach to defining 'major defects'.

09 December 2020 - Knowledge

NSW Government Bulletin

#Government

Australia’s Foreign Relations Bill, which passed both houses last week, empowers the federal government to veto arrangements between Australian state and territory governments and foreign entities. We take a look at the key provisions.

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