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Marie-Louise Scarf

Bachelor of Arts and Law – University of New South Wales

Special Counsel - Sydney

Areas of Expertise

Construction, Infrastructure & Projects


Marie-Louise is a Special Counsel in our Construction, Infrastructure & Projects group and has over 15 years’ experience in construction and commercial disputes and providing advice on early dispute resolution options. Marie-Louise is admitted to the Supreme Court of NSW, the High Court of Australia and the Supreme Court of England and Wales and has experience working in most other states and territories.

Marie-Louise specialises in resolving large and multiparty residential, commercial and infrastructure claims through direct negotiation and in litigation and tribunal proceedings. Clients include corporate and government owners (including owners corporations), builders, engineers, architects, certifiers and their insurers. She is focused on early dispute resolution and cost minimisation, in particular for parties with ongoing relationships.

Marie-Louise had particular experience in the areas of negligence, breach of contract, breach of statutory warranties under the Home Building Act, breach of statutory duty under the Strata Schemes Management Act and Environmental Planning and Assessment Act, misleading and deceptive conduct under the Australian Consumer Law and product liability claims.


Marie-Louise’s experience includes:

  • residential and commercial strata, warehouses and factories
  • waste to energy facilities, tunnels and electricity substations
  • immigration and police detention centres
  • bus and train stations, rail, roads and bridges
  • social housing, schools, hospitals and aged care facilities
  • transport, cleaning and maintenance contracts
  • soil remediation and water treatment plants
  • joint venture mining agreements.


09 March 2023 - Knowledge

Residential Focus

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

In a recent decision on the statutory duty established by the Design and Building Practitioners Act 2020, the Court has found that the proportionate liability provisions of the Civil Liability Act 2002 do apply to claims for breach of the statutory duty.

14 December 2022 - Knowledge

Residential Focus

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

In this edition, we provide the next instalment of our digest of recent cases on the Design and Building Practitioners Act 2020, legislation which has significantly impacted day-to-day practice in the NSW construction industry for class 2 buildings.

10 August 2022 - Knowledge

Residential Focus: DBP Act update – what is ‘substantive control’ of construction work?

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

The court is beginning to grapple with the Design and Building Practitioners Act and in this latest decision looks further at what is ‘substantive control’ as a trigger for owing the statutory duty of care.

01 June 2022 - Knowledge

Residential Focus

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

In the first decision considering the application of the statutory duty of care in section 37 of the Design and Building Practitioners Act, the NSW Supreme Court has ruled that the duty is not only limited to Class 2 buildings.