Areas of Practice
Commercial, Building & Construction, Insurance, Planning & Development, Property and Strata matters, Professional Negligence, Equity, Transport, arbitration, international arbitration, security of payments claims
He appears as advocate in courts, arbitrations, and inquiries, as well as in mediations and negotiations. He also accepts appointment as arbitrator and neutral evaluator.
Experience as a Solicitor
Solicitor with Messrs Dunhill Madden Butler (1993 - 1995) and with Messrs Gadens Ridgeway (1995 - 1996) (appointed Senior Associate in mid 1996). In both practicing primarily in commercial / construction law.
Frequently speaks on topics such as:
Building & Construction Issues (including contract drafting, dispute management, professional liability, The Home Building Act 1989, Security of Payments, and Strata law),
Commercial Law issues as well as the Convention for the International Sale of Goods (CISG).
In 2015 to 2018, he 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,
- the Use and Presentation of Evidence in Commercial Disputes including BIM,
- Improved Service Delivery in International Arbitration, and
- the Society of Construction Law Delay & Disruption Protocol.
He is a Fellow of the International Dispute Resolution Academy (IDRA) and has been a delegate for the IDRA course in international arbitration in Shanghai PRC in 2016 and Beijing in 2017, and represents and presents for the IDRA. The IDRA focuses upon teaching arbitration, mediation, and advocacy skills in the PRC.
In October 2017, he was a commentator to the IDRA International Dispute Resolution Masterclass in Beijing, PRC, including being a commentator on the issue of Ethics of counsel in International Arbitration.
Guest judge - 14th CIETAC Cup Moot, Beijing PRC, November 2016, and the 3rd Young International Mediation Competition 2017 in Hong Kong. He also assisted with coaching the 2018 Viz mediation competition team for Notre Dame University.
In 2018, he participated as guest judge in the AIAC (formerly KLRCA) pre-Viz moot arbitration competition in Kuala Lumpur.
In July 2017, he was invited to deliver a major address to the Hong Kong Department of Justice on the proposed Security of Payments Adjudication scheme.
He regularly speaks and presents in Australia and in Asia (predominantly in Hong Kong & PRC) on arbitration, mediation advocacy & building /construction issues.
Notable Cases and Activities
Many of the cases and matters in which he has been involved have resolved before hearing and on confidential bases, meaning that the details and circumstances cannot be divulged. Commercial confidentiality is preserved with these, where some details are significant.
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:
- 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.
- 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.
- 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.
- 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.
- 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.