Hemmant's List
Resources, Construction & Infrastructure Law

Hemmant’s List provides a single point of contact to identify the right barrister for the client’s needs, from a diverse list of counsel, based on experience, expertise and cost.  The diversity of the list assists those seeking to support equitable briefing practices.  Find out more

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List Clerk

The List Clerk can advise which barrister is suitable for the brief by virtue of his or her experience, expertise, availability and cost.

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List Barristers

The barristers on the List can be contacted directly for enquiries as to availability and cost if preferred.

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The right barrister for the brief

Solicitors and clients may make informed choices as to who to brief by enquiry of the clerk or use of the website.

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A Barrister

Step 1 - Shortlist suitable candidates

Gareth Beacham

Gareth Beacham KC

Gareth’s principle areas of legal expertise, are in the building and construction law area. Included in this area are matters involving professional negligence (involving architects and engineers), and matters involving mining or engineering disputes more generally. Gareth is also briefed in matters involving professional negligence on the part of solicitors, on behalf of Lexon Insurance. He works generally in the…

Gareth Beacham

Gareth Beacham KC

Areas of Practice

  • Alternative Dispute Resolution
  • Civil Litigation
  • Commercial Law
  • Equity & Trusts
  • Property Law
  • Resources, Construction & Infrastructure Law

Overview

Gareth’s principle areas of legal expertise, are in the building and construction law area. Included in this area are matters involving professional negligence (involving architects and engineers), and matters involving mining or engineering disputes more generally.

Gareth is also briefed in matters involving professional negligence on the part of solicitors, on behalf of Lexon Insurance.

He works generally in the area of commercial litigation, including disputes over contractual issues and other commercial disputes.

Gareth’s briefers include a number of the largest law firms operating in Australia. Gareth especially enjoys court appearance work in his areas of expertise.  He is also briefed to attend mediations, and appears in arbitrations.

Gareth has been consistently featured in Doyle’s Guide as a Leading King’s Counsel in the area of Construction, most recently:

He has also been featured in Chambers & Partners in the area of Construction & Infrastructure, Australia.

Gareth has practised as a barrister in Brisbane since 1998.

Judy Brien

Judy Brien

Judy was admitted to practice as a barrister and commenced at the private Queensland Bar based in Brisbane in January 2003. Prior to this she practised as a solicitor in Brisbane from the mid 1990’s. In addition Judy is a Nationally Accredited mediator. Judy’s practice is diverse. It spans a broad range of areas including planning and environment, judicial review,…

Judy Brien

Judy Brien

Areas of Practice

  • Administrative & Public Law
  • Alternative Dispute Resolution
  • Civil Litigation
  • Commercial Law
  • Inquests & Inquiries
  • Native Title Law
  • Property Law
  • Resources, Construction & Infrastructure Law

Overview

Judy was admitted to practice as a barrister and commenced at the private Queensland Bar based in Brisbane in January 2003. Prior to this she practised as a solicitor in Brisbane from the mid 1990’s. In addition Judy is a Nationally Accredited mediator.

Judy’s practice is diverse. It spans a broad range of areas including planning and environment, judicial review, mining, environmental authorities and enforcement, native title, local government, determination of compensation for land, infrastructure and general litigation.

She has advised or acted in proceedings for and against the Commonwealth and State of Queensland, Ministers and related entities, various local governments, indigenous representative bodies, companies and private individuals.

During her time at the bar Judy has appeared in the High Court (special leave), Full Federal Court, Federal Court, Queensland Court of Appeal, Supreme Court of Queensland, District Court, Planning and Environment Court, Land Court, both in the Queensland and Grantham Flood Commissions of Inquiry and the Magistrates Court.

A significant number of matters have proceeded to full hearing with decisions published on the relevant court websites, a list of which can be seen by accessing the link to Judy’s CV, located on this page.

Logan Campbell

Logan was called to the Queensland Bar in 2014, having previously practised as a solicitor in top tier firms in Sydney and Brisbane for 18 years. He regularly appears in arbitrations, appeals and in the Supreme and District Courts.  Logan is a specialist in building and construction law and commercial, contractual and insurance related disputes. He has particular experience in…

Logan Campbell

Areas of Practice

  • Alternative Dispute Resolution
  • Civil Litigation
  • Commercial Law
  • Property Law
  • Resources, Construction & Infrastructure Law

Overview

Logan was called to the Queensland Bar in 2014, having previously practised as a solicitor in top tier firms in Sydney and Brisbane for 18 years. He regularly appears in arbitrations, appeals and in the Supreme and District Courts.

 Logan is a specialist in building and construction law and commercial, contractual and insurance related disputes. He has particular experience in matters involving security of payment disputes and complex projects, including:

  • transport & marine infrastructure ;
  • electrical infrastructure & power stations;
  • gas and renewable energy;
  • commercial, government and residential/mixed-use projects
  • property disputes

 Logan also has a substantial Alternative Dispute Resolution practice (arbitration, mediation and expert determination) and is a NMAS accredited mediator.

 Logan has been consistently recognised in “Doyle’s Guide – Leading Construction Law Barrister Rankings – Queensland (recommended)” from 2019 to 2023.

 He is a member of the Queensland Bar Association – Building & Construction Committee and regularly assists in providing CPD training to Queensland registered Security of payment adjudicators.

 

 

 

Simon Couper

Simon Couper KC

Simon was called to the Queensland Bar in 1983.  He was made King’s Counsel in 1993. He is a member of North Quarter Lane Chambers, one of Queensland’s preeminent Commercial Barristers Chambers.  Simon also has chambers in Sydney. Simon has a wide ranging commercial practice spanning diverse areas such as: Competition Law (and is regularly briefed by the ACCC) Contract…

Simon Couper

Simon Couper KC

Areas of Practice

  • Administrative & Public Law
  • Appellate
  • Civil Litigation
  • Commercial Law
  • Equity & Trusts
  • Property Law
  • Resources, Construction & Infrastructure Law

Overview

Simon was called to the Queensland Bar in 1983.  He was made King’s Counsel in 1993.

He is a member of North Quarter Lane Chambers, one of Queensland’s preeminent Commercial Barristers Chambers.  Simon also has chambers in Sydney.

Simon has a wide ranging commercial practice spanning diverse areas such as:

  • Competition Law (and is regularly briefed by the ACCC)
  • Contract Disputes
  • Corporate Law
  • Insurance and Professional Indemnity (including acting for lawyers, engineers, builders, surveyors and architects).

He appears regularly in complex commercial proceedings in Queensland, New South Wales, Victoria and Western Australia and in the Federal Court of Australia.

Simon also has a substantial appellate practice, including in the High Court of Australia.

Simon is renowned for his cross-examination skills, earning him, most recently, recognition in the following Doyle’s Guide categories:

  • Leading Professional Indemnity Senior Counsel QLD 2023
  • Leading Commercial Litigation and Dispute Resolution Section Counsel QLD 2023
  • Leading Insolvency & Restructuring Senior Counsel 2023
Adrian Duffy

Adrian Duffy KC

Adrian was admitted to the Bar in 1997, having before that practised for some 14 years as a solicitor, most of which time he was a partner in one of the prominent national firms. He took silk in 2015. He is a member of Hemmant’s List and has chambers in Brisbane and Perth. He holds a Master of Laws from…

Adrian Duffy

Adrian Duffy KC

Areas of Practice

  • Alternative Dispute Resolution
  • Appellate
  • Civil Litigation
  • Commercial Law
  • Employment & Industrial Relations
  • Native Title Law
  • Resources, Construction & Infrastructure Law

Overview

Adrian was admitted to the Bar in 1997, having before that practised for some 14 years as a solicitor, most of which time he was a partner in one of the prominent national firms. He took silk in 2015.

He is a member of Hemmant’s List and has chambers in Brisbane and Perth. He holds a Master of Laws from the University of Queensland.

His practice extends to a broad range of commercial litigation, arbitration and mediation, including Admiralty, maritime and aviation law, industrial and employment law, commercial and professional indemnity insurance, infrastructure and resources.

He has long experience in international and domestic arbitration, mostly as legal representative for parties, but including as arbitrator. He is a Fellow of the Chartered Institute of Arbitrators, a Fellow of ACICA, a panel member of AMTAC and of ICC Australia and a supporting member of the London Maritime Arbitrators Association and has acted in a number of maritime arbitrations conducted in London by arbitrators appointed under LMAA Rules. He is also a member of ICCA and has acted in arbitrations conducted under a number of other regimes, including ICC Rules.

He has served on and chaired many professional committees and delivered a number of papers on a variety of areas of law. He is presently a member of the International Committee of the Australian Bar Association and of the International Law and Professional Conduct Committees of the Queensland Bar.

He is listed in Doyle’s Guide as one of the Leading Transport Barristers in Australia and as one of the Leading Employment & WHS Barristers in Queensland.

 

William Evans

William Evans joined the bar in October 2021 following a 13-year career as a solicitor practicing in commercial litigation. Prior to being called to the bar, William worked for 13 years as a commercial litigation solicitor at a leading Townsville firm. As a solicitor, William enjoyed a broad commercial practice with particular emphasis on litigation and advisory work in the…

William Evans

Areas of Practice

  • Civil Litigation
  • Commercial Law
  • Employment & Industrial Relations
  • Property Law
  • Resources, Construction & Infrastructure Law

Overview

William Evans joined the bar in October 2021 following a 13-year career as a solicitor practicing in commercial litigation.

Prior to being called to the bar, William worked for 13 years as a commercial litigation solicitor at a leading Townsville firm.

As a solicitor, William enjoyed a broad commercial practice with particular emphasis on litigation and advisory work in the fields of contract, building, insolvency, consumer law and property.

William continues these interests at the bar.

William is an experienced litigator, regularly appearing in both State and Federal jurisdictions.

Jane

Jane FitzGerald

After more than 10 years as a solicitor with large national and international firms, Jane commenced practice as a barrister in 2009.  As an advocate she has a broad practice including commercial, insurance, personal injury, professional negligence, medical negligence, building and construction, administrative, estate and family disputes. As a mediator she has worked with public, corporate and private clients involved…

Jane

Jane FitzGerald

Areas of Practice

  • Administrative & Public Law
  • Alternative Dispute Resolution
  • Civil Litigation
  • Commercial Law
  • Equity & Trusts
  • Estate Law
  • Family Law
  • Inquests & Inquiries
  • Personal Injuries and Health Law
  • Property Law
  • Resources, Construction & Infrastructure Law

Overview

After more than 10 years as a solicitor with large national and international firms, Jane commenced practice as a barrister in 2009.  As an advocate she has a broad practice including commercial, insurance, personal injury, professional negligence, medical negligence, building and construction, administrative, estate and family disputes. As a mediator she has worked with public, corporate and private clients involved in a range of family, commercial, personal and interpersonal disputes.

Jane appears alone and as junior counsel in applications, trials, appeals and other hearings in both State and Federal jurisdictions.  She holds degrees in Law and Business (Accounting) from QUT, as well as a Master Advocate Designation from the National Institute of Trial Advocacy in the US.  She is nationally accredited mediator, an accredited farm debt mediator and an FRDP. She has chambers in Brisbane and also on the Gold Coast.

In addition to her practice at the Bar, she has taught advocacy and trial skills to trial lawyers and barristers in Australia, Bhutan and the US since 2010.

 

Kirsty-Gothard

Kirsty Gothard

Kirsty has been a barrister in private practice at the Queensland Bar based in Brisbane since February 2012. Prior to commencing practice at the Queensland Bar, Kirsty was employed as a solicitor in the commercial litigation division of a national law firm. Her practice extends to a wide range of commercial matters in both the State and Federal jurisdictions, including…

Kirsty-Gothard

Kirsty Gothard

Areas of Practice

  • Administrative & Public Law
  • Commercial Law
  • Equity & Trusts
  • Property Law
  • Resources, Construction & Infrastructure Law
  • Taxation Law

Overview

Kirsty has been a barrister in private practice at the Queensland Bar based in Brisbane since February 2012.

Prior to commencing practice at the Queensland Bar, Kirsty was employed as a solicitor in the commercial litigation division of a national law firm.

Her practice extends to a wide range of commercial matters in both the State and Federal jurisdictions, including E-Trial experience.

Areas of speciality include mining and construction, corporate and personal insolvency, banking and finance, contract law, commercial and residential leases.

 

Peter Hastie 1

Peter Hastie KC

Peter Hastie specialises in litigation, alternative dispute resolution (arbitration, mediation and expert determination) and advice work which has a commercial flavour  particularly in the areas of  administrative law, building and construction, competition and consumer law, constitutional law, contract, corporations law,  insolvency,  intellectual property law, mining law,  partnership, professional liability, insolvency, real property , restraints of trade, securities and torts. Peter…

Peter Hastie 1

Peter Hastie KC

Areas of Practice

  • Administrative & Public Law
  • Alternative Dispute Resolution
  • Appellate
  • Civil Litigation
  • Commercial Law
  • Equity & Trusts
  • Inquests & Inquiries
  • Personal Injuries and Health Law
  • Property Law
  • Resources, Construction & Infrastructure Law

Overview

Peter Hastie specialises in litigation, alternative dispute resolution (arbitration, mediation and expert determination) and advice work which has a commercial flavour  particularly in the areas of  administrative law, building and construction, competition and consumer law, constitutional law, contract, corporations law,  insolvency,  intellectual property law, mining law,  partnership, professional liability, insolvency, real property , restraints of trade, securities and torts.

Peter commenced practice as a barrister based in Brisbane in 1986 and took silk in 2013. Peter mainly practices in the Supreme Court of Queensland and the Federal Court of Australia  and is admitted and has practiced in the Supreme Courts of New South Wales and South Australia.

Peter has a Bachelor of Arts (political science), Bachelor of Laws, and Master of Laws from the University of Queensland. He also has a Dispute Resolution Certificate from Bond University.

 

Jennifer Hewson

Jennifer Hewson

Jennifer was called to the Bar in 2016. Jennifer has a broad civil practice with an emphasis on insurance and personal injuries law, including claims involving health law and medical negligence, workers’ compensation, historical abuse and dust diseases. She also practises in administrative, public and general commercial law. Jennifer has appeared, both led and unled, in Federal and State courts…

Jennifer Hewson

Jennifer Hewson

Areas of Practice

  • Administrative & Public Law
  • Civil Litigation
  • Commercial Law
  • Personal Injuries and Health Law
  • Property Law
  • Resources, Construction & Infrastructure Law

Overview

Jennifer was called to the Bar in 2016.

Jennifer has a broad civil practice with an emphasis on insurance and personal injuries law, including claims involving health law and medical negligence, workers’ compensation, historical abuse and dust diseases. She also practises in administrative, public and general commercial law.

Jennifer has appeared, both led and unled, in Federal and State courts (including appellate courts), as well as the Coroner’s Court, the Land Court and a range of tribunals. She has appeared in the High Court on applications for special leave and appeals.

She regularly represents insurers, government and statutory authorities, medical practitioners, allied health practitioners and other professionals in common law claims, as well as investigations and disciplinary proceedings.

Prior to commencing at the Bar, Jennifer was a solicitor at Minter Ellison and was Associate to His Honour Judge Rackemann.

 

Kelly McIntyre

Kelly McIntyre

Kelly is a Barrister and Nationally Accredited Mediator (NMAS) with broad public law and commercial law experience. Kelly also has attained Member status with the Chartered Institute of Arbitrators. She practices primarily in the areas of energy, resources and environmental law; administrative law; and personal injuries.  Kelly has a particular interest in Arbitration (both International and Domestic). Prior to her…

Kelly McIntyre

Kelly McIntyre

Areas of Practice

  • Administrative & Public Law
  • Alternative Dispute Resolution
  • Civil Litigation
  • Commercial Law
  • Personal Injuries and Health Law
  • Property Law
  • Resources, Construction & Infrastructure Law

Overview

Kelly is a Barrister and Nationally Accredited Mediator (NMAS) with broad public law and commercial law experience.

Kelly also has attained Member status with the Chartered Institute of Arbitrators.

She practices primarily in the areas of energy, resources and environmental law; administrative law; and personal injuries.  Kelly has a particular interest in Arbitration (both International and Domestic).

Prior to her commencing practice as a barrister in Brisbane, Kelly worked in the building and construction team at a well-respected Queensland firm before moving to the energy and resource sections of two national firms.  She has also held a role as in-house legal counsel for a major railway turnkey provider.

Her experience covers both front-end and back-end work, having been involved in every aspect of resource and infrastructure project development from the proposal stage through to funding, development, production, completion and rehabilitation. She has had involvement with contentious and non-contentious carriage matters and advising on continental sea bed issues relating to pipeline construction and off-shore sustainable energy projects. Kelly has also been involved in a number of product liability class actions.

Kelly has a developing insurance and personal injury practice.

She holds undergraduate degrees in Law and Commerce; and a Masters of International Trade Law (Maritime).

She is on the editorial panel of the LexisNexis Australian Alternative Dispute Resolution Law Bulletin and holds a statutory appointment as a General Referee on the Building and Development Dispute Resolution Committee, hearing appeals in respect of the Building Act and the Sustainable Planning Act.

Kelly regularly speaks at conferences and events across Queensland on topics relating to her areas of practice.

James O’Regan

James’ principle areas of legal expertise, are in Resources and Infrastructure areas of law, including: Matters involving professional negligence (involving inter alia architects and engineers); Disciplinary matters, including builders and other professionals. However, James also accepts briefs in matters of professional negligence and/or disciplinary proceedings relating to other professions/industries including Solicitors, Accountants and health care providers. James’ practice includes the…

James O’Regan

Areas of Practice

  • Alternative Dispute Resolution
  • Civil Litigation
  • Commercial Law
  • Inquests & Inquiries
  • Property Law
  • Resources, Construction & Infrastructure Law

Overview

James’ principle areas of legal expertise, are in Resources and Infrastructure areas of law, including:

  • Matters involving professional negligence (involving inter alia architects and engineers);
  • Disciplinary matters, including builders and other professionals.

However, James also accepts briefs in matters of professional negligence and/or disciplinary proceedings relating to other professions/industries including Solicitors, Accountants and health care providers.

James’ practice includes the area of commercial litigation, including disputes over contractual issues and other commercial disputes.  More particularly, James has experience in:

  • Competition and Consumer Law matters;
  • Contract Disputes;
  • Corporations Law matters (including Shareholder actions).

James has been involved in some of the largest litigation in Queensland (including Aurizon Network Pty Ltd v Glencore Coal Queensland Pty Ltd & Ors (2019) 1 QR 392) and is experienced in the complexity of document and evidence heavy litigation.

James has extensive experience in Arbitrations.  He has also appeared Expert Determinations, Commissions of Enquiry, Administrative Tribunals as well as many mediations.

James has been repeatedly recognised in Doyles’ Guide:

  • Leading Commercial Litigation & Dispute Resolution Junior Counsel (QLD) since 2016
  • Leading Construction & Infrastructure Junior Counsel (QLD) 2017 to 2020
  • Leading Arbitration Barristers (Junior Barristers) (Australia) 2018 and 2019

James was called to the Bar in 2007.

Shane Ogden

Shane was called to the Bar in May 2023. Prior to coming to the Bar, Shane practiced as a Commerical Law solicitor in top tier firms in Australia and the United Kingdom. Shane has a broad commercial practice and accepts briefs in number of sectors including: Mining Gas Defence Government Banking Energy Telecommunications Manufacturing and Professional Services He also has…

Shane Ogden

Areas of Practice

  • Administrative & Public Law
  • Alternative Dispute Resolution
  • Civil Litigation
  • Commercial Law
  • Inquests & Inquiries
  • Resources, Construction & Infrastructure Law

Overview

Shane was called to the Bar in May 2023.

Prior to coming to the Bar, Shane practiced as a Commerical Law solicitor in top tier firms in Australia and the United Kingdom.

Shane has a broad commercial practice and accepts briefs in number of sectors including:

  • Mining
  • Gas
  • Defence
  • Government
  • Banking
  • Energy
  • Telecommunications
  • Manufacturing and
  • Professional Services

He also has Class Action, International Arbitration, Expert Determination, and Royal Commission experience.

Joshua Pemberton

Joshua was called to the Bar in 2020, following more than eight years practice as a lawyer in senior positions (including Principal) in the Litigation Branch of the Queensland Department of Environment and Science. Joshua has a keen interest in the areas of white-collar and regulatory crime and administrative law, specifically judicial and merits review, having developed significant expertise in…

Joshua Pemberton

Areas of Practice

  • Administrative & Public Law
  • Appellate
  • Commercial Law
  • Employment & Industrial Relations
  • Inquests & Inquiries
  • Native Title Law
  • Property Law
  • Resources, Construction & Infrastructure Law

Overview

Joshua was called to the Bar in 2020, following more than eight years practice as a lawyer in senior positions (including Principal) in the Litigation Branch of the Queensland Department of Environment and Science.

Joshua has a keen interest in the areas of white-collar and regulatory crime and administrative law, specifically judicial and merits review, having developed significant expertise in these areas throughout his career.  In this space, Joshua’s deep insight into in-house Government regulatory authorities, and their processes, places him in a unique position to achieve successful outcomes, both negotiated and in Court, for government and private clients.

Since coming to the Bar, Joshua has maintained a broad Public Law practice as well as regularly taking briefs in Criminal & Quasi-Criminal, Planning and Environment, Land and Property, and Commercial matters, often with a significant Public Law aspect.  Joshua regularly advises and appears for government and private sector clients across all Queensland and Federal jurisdictions.

In Public law recent experience includes:

  • Acting for a private client in a successful appeal in the Queensland Court of Appeal against the Queensland Crime and Corruption Commission.
  • Acting for the State of Queensland in Judicial review proceedings that sought to challenge the Covid-19 ‘High-risk setting’ directive.
  • Advising the Office of Liquor and Gaming Regulation on matters involving the recent inquiry into the Star Casino operations in Queensland.
  • Acting for private clients in disciplinary matters in the Queensland Civil and Administrative Tribunal.
  • Acting for Government Departments in the Land Court in relation to valuation disputes and mining objections.
  • Advising a statutory authority on specific questions arising from the interaction between its licensing regime and the Human Rights Act 2019 (Qld).
  • Acting for and advising a Local Council responding to a Native Title Claim involving complex extinguishment considerations.
  • Advised a private client on options for challenging a development approval under a local planning scheme in circumstances where the matter of the approval was attended with an error of law.
  • Advising various State Government Departments, Agencies, and private clients on statutory construction emanating from various Queensland and Federal enactments.

In Criminal and Quasi-Criminal Law recent experience includes:

  • Acting as a prosecutor for the Crown in a large complex indictable prosecution for offences under the Environmental Protection Act 1994 (Qld).
  • Acting as a prosecutor for the Queensland Fire and Emergency Service (QFES) in a summary trial for 19 offences under the Fire and Emergency Services Act 1990 (Qld) and the Building Fire Safety Regulation 2008 (Qld).
  • Acting for QFES as the respondent to an appeal against conviction under s 222 of the Justices Act 1886 (Qld) in the District Court and successfully resisting the appeal.
  • Advised private clients on matters of regulatory compliance in relation to the Planning Act 2016 (Qld), Environmental Protection Act 1994 (Qld), and Building Act 1975 (Qld).
  • Acting for a private client in negotiating a successful outcome regarding significant environmental non-compliance to avoid prosecution.
  • Acting for a private commercial entity defending a development offence under the Planning Act

In Civil disputes recent experience includes:

  • Acting for the State of Queensland in a contested Supreme Court application seeking further and better particulars in relation to a malicious prosecution and misfeasance in public office suit against the State of Queensland and others.
  • Advising a private client on the application of ss 53 and 55 of the Property Law Act 1975 (Qld) to a ‘give and take’ agreement involving a large cattle property.
  • Acting for a private client in a simple private nuisance and trespass to land claim involving over-excavating land.
  • Acting for a private client in a complicated failed joint venture claim involving the operation of a regional hotel.
  • Advised a private client about constructive trusts in relation to jointly held real property.

Peter Sams

Peter was admitted to the profession in 2014 and called to the bar in 2020. He has a broad practice with a focus on commercial and civil matters. Prior to being called to the Bar, Peter worked in a boutique commercial litigation firm and in a national insurance litigation firm. He was also an Associate to the Honourable Justice Debra…

Peter Sams

Areas of Practice

  • Administrative & Public Law
  • Civil Litigation
  • Commercial Law
  • Equity & Trusts
  • Estate Law
  • Property Law
  • Resources, Construction & Infrastructure Law

Overview

Peter was admitted to the profession in 2014 and called to the bar in 2020.

He has a broad practice with a focus on commercial and civil matters.

Prior to being called to the Bar, Peter worked in a boutique commercial litigation firm and in a national insurance litigation firm.

He was also an Associate to the Honourable Justice Debra A Mullins of the Supreme Court of Queensland, and was the research assistant to the Dean of the Griffith Law School.

Peter holds a Bachelor of Laws with Honours and a Bachelor of Psychological Science

Ben Whitten

(Stephen) Benjamin Whitten

Ben holds a Bachelor of Laws and a Master of Laws (commercial law) and was first called to the private Bar in 1999 after practising for several years as a litigation lawyer with particular interests in resolving legal disputes involving the agribusiness, construction, engineering, and resource sectors.  Ben has a unique understanding of the Engineering Construction, Mining and Resources area…

Ben Whitten

(Stephen) Benjamin Whitten

Areas of Practice

  • Administrative & Public Law
  • Alternative Dispute Resolution
  • Appellate
  • Civil Litigation
  • Commercial Law
  • Equity & Trusts
  • Estate Law
  • Inquests & Inquiries
  • Property Law
  • Resources, Construction & Infrastructure Law

Overview

Ben holds a Bachelor of Laws and a Master of Laws (commercial law) and was first called to the private Bar in 1999 after practising for several years as a litigation lawyer with particular interests in resolving legal disputes involving the agribusiness, construction, engineering, and resource sectors.  Ben has a unique understanding of the Engineering Construction, Mining and Resources area having worked as a qualified electrical fitter mechanic with BHP prior to coming to the Bar.

Since coming to the Bar in 1999, Ben has developed a broad commercial and equity practice with a wealth of experience and particular expertise in the resolution of commercial litigation and insurance disputes, primarily involving construction and engineering disputes and related professional negligence matters, major project and infrastructure disputes, agribusiness and resources liability insurance and contract claims, directors liability and shareholder disputes, corporate insolvency, and property and estate disputes.

Ben has been recognised in Doyle’s Guide as a Leading Construction & Infrastructure Counsel – Queensland (2019 to 2024).

He is an active member of a number of relevant professional associations, including BDPS, CLA, ER Law, AILA and SoCLA, as well as being a member of the Chartered Institute of Arbitrators and an interstate member of the Melbourne Technology Engineering and Construction Chambers (MTECC).

Ben is also an NMAS qualified mediator and holds chambers in both Brisbane and Melbourne.

Ben has particular experience in the following areas:

  • large scale infrastructure projects:
    • including Curtis Island (Gladstone LNG development), Brisbane City South State Secondary College, Sarina Hospital, Ferny Grove transport and retail centre project, sewage treatment plant for a remote school, Ipswich roads and related pipeline construction.

 

  • resource, agricultural and industrial projects, including:
    • commercial contract issues over the sale of a Bowen Basin coal mine, the construction of shipping berth and pier for LNG export, multiple underground drilling in Central and Western Queensland large scale cattle properties, hire and supply of agricultural plant and equipment, slab defects in large scale industrial sheds and workshops, and defect claims on high-rise cranes and other construction plant.

 

  • large scale commercial and residential construction projects including:
    • high rise office and apartment complexes, earthworks and subsidence in residential, commercial, and industrial property developments, multiple service stations in Queensland and Victoria.

 

  • significant commercial and related property litigation issues including:
    • easements disputes, access agreements for construction projects for cranes and rock anchors, road and private access issues for large scale commercial developments (appearing in the High Court).

 

  • statutory demands, winding up applications, preference claims, insolvent trading, uncommercial transactions, and proof of debt insolvency matters, both moderate and large involving many millions of dollars in dispute, acting for liquidators and administrators.

 

  • numerous estate administration and significant family provision applications.

 

  • defects and causation issues arising from large scale and catastrophic failures in the agricultural, construction, engineering, resources, and transport sectors and critical analysis and testing of architectural, engineering, building, quantity surveying, delay and programming, geotechnical, hydrological, accounting and historian expert evidence.

 

  • numerous matters involving the interpretation and application of Security of Payment legislation, Subcontractors Charges legislation and QBCC and related legislation.

 

  • proper interpretation and application of contested contracts of engagement, joint venture, supply, security and credit in the agricultural, construction, engineering, resource and transport sectors.

 

  • conducting (often leading junior barristers) complex and large-scale multi-party litigation and alternative dispute resolution processes including settling pleadings, settling lay and expert evidence, appearing on contested applications, trials and appeals in the Queensland Court of Appeal.

 

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