Landmark Chambers International

Philip Bambagiotti

Year of call: 1997

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Practice Summary

Philip was called to the New South Wales bar in 1997, having already practiced as a solicitor. His practice focuses on all aspects of, and relating to, building, engineering, and construction law. He also practices in all aspects of commercial law and insurance as well as areas related to these.

At the NSW Bar Philip is regarded as one of the foremost practitioners in the specialist area of Building & Construction Law.  Apart from his extensive experience in acting for different interests in construction disputes, he authored the leading text on residential building dispute in New South Wales, Building Disputes and the Home Building Act 1989 (NSW), of which a 2nd Edition is underway.  

He appears as a barrister in courts and tribunals, as well as in arbitrations, mediations, security of payments adjudications and other alternative dispute resolution procedures in Australia, as well as in arbitrations internationally.

Philip is an active member of the legal community both in Australia and abroad, frequently speaking on Building, Engineering, & Construction Issues (including contract drafting, dispute management, professional liability, The Home Building Act 1989, Security of Payments and Strata disputes), Commercial Law issues, as well as on the Convention for the International Sale of Goods.  

In 2015 and 2016 has delivered papers in Hong Kong on the NEC3 Contract and its use in Hong Kong, Adjudication under the proposed Hong Kong Security of Payments regime and also the use and presentation of evidence in commercial disputes including BIM. 

Some of his solicitors have said:

‘Philip possesses an incredible knowledge of the law, current to the very day you are speaking with him. He is across local and external jurisdictions, a reflection of his sincere passion for jurisprudence.’… ‘He understands how people think and in doing so, is masterful in cross-examination.’  - Luke Geary – principal, Salvos Legal.

‘Philip is one of the best barristers I have dealt with, experienced in commercial litigation and advice, particularly construction and insurance matters. Knowledgeable and well researched in all areas he operates in, he also has a practical and commercial sense clients appreciate.’  - Paul Jurdeczka - partner at Mills Oakley Lawyers. 

‘Time and time again Philip demonstrates his prowess in dealing with complicated commercial and construction claims. His attention to detail is second-to-none, and his ability to get to the real issues in dispute is greatly appreciated by clients and the judiciary alike.’ … ‘His talent as an advocate is a real reflection on his vast and extensive knowledge of the law, procedure and practice.’ – David Andrews – partner at Makinson d’Apice Lawyers

Areas of Practice

Building, Engineering, & Construction and Commercial, Insurance

His practice focuses on all aspects of, and relating to, Building, Engineering, & Construction law. He also practises in all aspects of Commercial law and Insurance, as well as areas related to these.

He appears as a barrister in courts and tribunals, as well as in arbitrations, mediations, security of payments adjudications, and other alternative dispute resolution procedures in Australia. He appears in arbitrations internationally.

At the NSW Bar, Philip is regarded as one of the foremost practitioners in the specialist area of Building & Construction Law. Apart from his extensive experience in acting for different interests in construction disputes, he authored the leading text on residential building dispute in New South Wales, Building Disputes and the Home Building Act 1989 (NSW), of which a 2nd Edition is underway.  He is the general editor of the National Building Service.

Planning & Environmental 

Planning & environmental law are an integral part of a construction/property practice, and has always been a feature of his practice.  Apart from commercial and similar kinds of matters for and against local government and planning bodies, he has also been involved in matters such as:

(a) In 2014, he advised upon the options for re-development on a complicated strata site (that involved a town-house development with a substantial undeveloped stage).  The developer wanted to expand the, as then, incomplete part of a staged development.  The issue being the opposition of the owners of the rest of the development and the validity or the consent.

(b) In 2012, he acted in an application for the change of use of a workshop to a specialised medical facility.  This involved contested appeal to the joint regional planning panel and thereafter strategy for merit appeal to the relevant Court.

(c) In 2011, he advised a local government authority as to development obligations and options in respect of the future and remediation of a large regional tipping facility.

(d) He regularly acts in matters involving encroachment and compulsory easements for access.  He has acted in case involving claims for rectification of a common driveway and large retaining wall arising from disputes as to the construction of a deposited plan (and the consequence of the construction of that plan).  These as well as various disputes about relative property rights and obligations arising from strata plans and the development/redevelopment of strata sites.

(e) He has acted for, and provided advice to, local councils in enforcement of environmental and planning laws, as well as in respect of challenges to consents and assessments.  In particular, he has acted for the Penrith City Council in a range of matters over the years, and continue to be retained by them for specialist matters.

Other areas of practice include: 

  • Commercial Law
  • Insurance
  • Property and Strata matters
  • Professional Negligence
  • Equity
  • Security of Payment Adjudication
  • Arbitration & International Arbitration