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REPRESENTATIVE EXPERIENCE

Sandra Steele

Advising Seymour Whyte Constructions on the Port Rail Transformation Project, this included attending daily negotiations with Port of Melbourne, working closely with the client's project team, reviewing a number of project documents (including the Design Consultant's Agreement) and drafting documents to facilitate the finalisation and execution of the ECI and the D&C Contract.
Successfully defended Seymour Whyte Constructions on a major security of payment dispute on the Woolgoolga to Ballina Pacific Highway Upgrade Project (Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd [2018] (in liq)). The decision has made new law in NSW, with a previous decision of the Victorian Court of Appeal being held to be "plainly wrong". The matter involved complex issues regarding contract rectification, jurisdictional error and the interplay between the Security of Payment Act and s 553C of the Corporations Act.
Advising global wind developer in respect of a myriad of technical and mechanical project issues and claims which have been brought by the Contractor including for variations, delay and disruption. KEP is a highly innovative, world-first renewable energy project which combines 43MW of wind turbine generators, 15 MW of solar PV generators and 2MW/4MWh of Tesla battery storage into a single generator. Sandra is continuing to provide ongoing advice in respect of dispute avoidance and strategy as the parties navigate what has been one of the most unique and complex projects of its type in Australia.
Currently acting for CIMIC Group in Supreme Court proceedings commenced by John Holland. The proceedings involve complex contractual and legal issues including 11 separate claims across four projects and five alleged agreements. The CIMIC Group incorporates several construction and engineering businesses including CPB Contractors (formerly Leighton Contractors and Theiss Construction), UGL and Leighton Asia.
Assisted Water NSW in preparing its response to an Adjudication Application issued by a contractor engaged in relation to the ongoing refurbishment of the Prospect Reservoir in NSW. The Adjudication Application was made in relation to a large variation and delay cost claim arising from rectification costs incurred due to damage to a scour line outlet pipe connected to the reservoir. This was a significant matter for the client due to the high value claimed by the contractor for rectifying the damage, in addition to the multi-year delay to the contractor's completion of its works.
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