Andrew has been a building and property lawyer for over 20 years.  He is proactive when it comes to risk management, and he strives to achieve outcomes that meet the commercial needs and realities of his clients.

Accessibility and transparency are high on Andrew’s priority list, but his greatest satisfaction comes from delivering results which foster long term relationships with his clients.

Building and construction

• disputes regarding incomplete and defective building works
• drafting and negotiating building contracts
• disputes under the Building and Construction Industry Security of Payment Act
• protection works disputes
• negotiating with respect to building orders and building notices under the Building Act
• prosecutions under the Building Act
• report and consent for non-compliance with building regulations

Environmental claims

• claims for noncompliance with contractual clean up provisions
• negotiating with respect to clean up notices and pollution abatement notices
• prosecutions under the Environment Protection Act

Contractual and transactional disputes

• Retail Leases Act related disputes
• contractual claims in property transactions and commercial agreements
• disputes relating to consumer guarantees, consumer protection and misleading and deceptive conduct

Land acquisition and compensation

• claims for compensation arising out the compulsory acquisition of land under the Land Acquisition and Compensation Act
• claims for compensation arising out of the reservation of land for a public purpose under the Planning and Environment Act

Property disputes

• easement related disputes
• claims under the Traditional Owner Settlement Act 2010 (Vic)
• disputes relating to caveats
• removal of restrictive covenants
• nuisance claims, including those related to trees and security cameras
• adverse possession claims
• encroachment claims
• fencing disputes
• owners’ corporation disputes

Some of the cases Andrew has run to trial include:

• Cao & Anor v. Al-Bahjeh Pty Ltd & Anor [2019] VCAT 367 – Claim by an owner against a builder for incomplete and defective building works.
• Kilkenny Walsh Pty Ltd v. Strasburger Enterprises (Properties) Pty Ltd [2014] VSC 117 – Claim by developer against a petrol company for compensation arising out of non-compliance with environmental cleanup provisions of a contract of sale, and a related costs dispute.
• Secretary to the Department of Economic Development, Jobs Transport and Resources v. Driver [2015] VCAT 813 – Claim for compensation arising out of a partial compulsory acquisition of land as part of the Regional Rail Link Project.
• Pacific Wireless Pty Ltd v Breeze Logistics Australia Pty Ltd [2019] VSC 64 – Claim by an Internet Service Provider against a retailer for various breaches of a Services Agreement.
• AMJE Pty Ltd v. Mobil Oil Australia Pty Ltd [2016] VSC 777 – Claim by developer against a petrol company for compensation arising out of non-compliance with environmental cleanup provisions of a contract of sale, and a related question regarding the application of the Retail Leases Act.

Coryule Pty Ltd v. Westernport Regional Water Authority [2006] VCAT 1212 and its eight subsequent decisions through to 2011 – Claim for compensation arising out of the compulsory acquisition of an easement on an owner’s boundary to be used for the provision of utilities.

Felsink Pty Ltd v. City of Maribyrnong and Anor [2010] VSC 110 – Claim by a developer against a local council arising out of non-compliance with a section 173 agreement.

McMordie and Anor v. Schifferegger and Anor [2007] VCC 1120 – Claim in trespass occasioned by the encroachment of newly constructed building works by a neighbour over a boundary.

Qualifications:

• LL.B., B.Com – University of Melbourne

Memberships:

• Law Institute of Victoria