Division of Bar Roll:
Victorian Practising Counsel
Previous Occupation:
Senior Associate, Norton Rose Fulbright Australia
Profile:
Elizabeth practices in a broad range of commercial law matters, with a focus on construction, engineering and technology disputes, arbitration, energy law, professional negligence and insurance law.
Elizabeth has significant experience appearing in and advising on high-value, complex commercial disputes, particularly in the construction sector. Elizabeth is recognised in Doyle’s Guide as a Leading Construction and Infrastructure Junior Counsel in Victoria (2019, 2021 and 2022) and in Australia (2022).
Before coming to the Bar, Elizabeth was a Senior Associate at Norton Rose Fulbright Australia.
Elizabeth is a reporter for the Building and Construction Law Journal and appears in the AFL and AFWL Tribunal for Carlton Football Club.
Extended Biography:
Elizabeth’s selected cases include:
Construction
- Biodiversity Sub TC Pty Ltd atf Biodiversity Sub Trust v Vaughan Constructions Pty Ltd (VSC and VCAT) – appeared for a geotechnical engineer in a complex $150m dispute concerning a defective warehouse slab and hydro-consolidation (led by Kathleen Foley SC) (see, Vaughan Constructions Pty Ltd v Melbourne Water Corporation [2022] VCAT 633; [2022] VCAT 821; and [2023] VCAT 233).
- The Uniting Church in Australia Property Trust v Ian Hartley Architects Pty Ltd & Ors – acting for an owner concerning defective building footings (led by Rob Craig KC) (see, [2022] VSC 233).
- Owners Corporation PS623721 v Shangri-La Construction & Ors [2022] VCAT 1499 – appeared for a building surveyor in respect of claims concerning the use of combustible cladding and other defective works (led by John Tesarsch).
- RW Health Partnership Pty Ltd v Lendlease Building Contractors Pty Ltd [2019] VSC 353 – appeared for a contractor in respect of claims for alleged defective works in a hospital and product liability issues. Related issues concerning the Commercial Arbitration Act (led by Jeffery Gleeson KC, resolved).
Arbitration
- Appeared for a network service provider in an expedited arbitration regarding an electricity transmission connection dispute for a major industrial load (led by Tom Clarke).
- Appeared for an insurer in a subrogated recovery action concerning defective design work (led by Jeffery Gleeson KC and Albert Dinelli SC).
- Appeared for an EPC subcontractor in a multi-billion dollar international arbitration (ICC, Singapore) concerning a power plant within an LNG project (led by Jeffery Gleeson KC, with now Judicial Registrar David Bennett and Premala Thiagarajan).
- Appeared for a first-tier contractor in an arbitration concerning the construction of a waste water infrastructure facility (led by Tim Margetts KC).
- Appeared for a multinational corporation on disputes concerning the delivery of several windfarms in Australia, involving issues of transportation, grid connection, delay and damage (led by Michael Christie KC).
General commercial
- Inpex Operations Australia Pty Ltd & Anor v Akzonobel NV & Ors (FCA) – acting for applicants in Federal Court proceeding in multi-billion dollar claim for misleading or deceptive conduct in respect of a paint product applied at the Ichthys LNG onshore processing plant in the Northern Territory (led by Jeffery Gleeson KC, Tim Breakspear SC and Gabi Crafti SC with Harriet Lenigas).
- Fuller v Fletcher Building Limited (VSC) – acting for defendant in a shareholder class action alleging misleading or deceptive conduct (led by Rob Craig KC with Roman Rozenberg).
- Australia A108 Property Management v Owners Corporation PS732028U (VSC) – appeared for an OC defending a claim for wrongful termination of a services agreement (unled).
- Owners Corporation Plan No PS 316440K v Valiturus Pty Ltd (VCAT) – appeared for lot owners resisting the levying of a Special Fee based on the “benefit principle” for the repair of a historical building (unled, resolved).
- Carraffa and Lofthouse as trustees of the bankrupt estate of Santucci & Santucci v Tile Mart (Vic) Pty Ltd [2018] FCCA 2164; [2018] FCCA 3775 – appeared for trustees defeating voidable transactions (unled).
- Various applications including for injunctions, joinder and strike out, and the return of subpoenas – for example, Khani-E v Simonds Homes [2019] VCAT 1446 and Owners Corporation PS646781P and Verve Constructions Pty Ltd & Ors [2019] VCAT 642 and [2022] VCAT 864.
Professional negligence and insurance law
- Owners Corporation No. 1 PS526704E v TressCox (a firm) & Ors (VCAT) – appearing for a law firm in a respect of a professional negligence claim stemming from the findings of the Court of Appeal in [2022] VSCA 105 (led by Lisa Hannon KC).
- Green & Taylor v QBE Insurance (Australia) Pty Ltd (VCAT) – appeared for home owners in a claim under a policy of insurance, involving issues of election and waiver (led by Tim Margetts KC, resolved).
Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk
have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.