EXPERIENCE & EXPERTISE

Angela’s dual specialisation in front‑end and back‑end construction, including her general litigation experience enables her to draft and advise on the full suite of construction agreements including domestic building contracts and apply that knowledge strategically in complex claims and litigation.

Angela enjoys a mixture of defendant and plaintiff work and has assisted clients with a variety of litigation claims in all the Victorian Courts, the Federal Court of Australia and at the Victorian Civil and Administrative Tribunal and the Building Appeals Board.

Over her decade at Moray & Agnew, Angela has advised upon countless claims for defective works and property damage for a variety construction sector participants and professionals with clients valuing her commercial approach and ability to achieve early, cost-effective outcomes.

ACCOMPLISHMENTS

• Acting in a range of construction-related litigated matters, including claims concerning breach of contract, negligence, misleading and deceptive conduct, fraud, property damage and defective works
• Acting and advising owners, owners corporations, builders and insurers in relation to complex defect claims, including flammable cladding, waterproofing and leaking, and other general building defects
• Advising on matters before the building appeals board including disputes between owners and council
• Acting and advising clients in relation to freedom of information requests including in the review of decisions made by statutory authorities
• Advising in builder conduct review proceedings
• Seeking and defending urgent injunctive proceedings and negotiating and successful settlements
• Seeking judicial review of an adjudicator’s determination under the Building and Construction Industry Security of Payment Act 2002 (Vic) in the Supreme Court of Victoria, resulting in having the adjudicator’s determination quashed.

Angela’s front-end advisory experience includes:

• Providing advice on all aspects of construction, including assisting in the interpretation of construction related agreements
• Drafting, reviewing and negotiating building contracts, consultancy agreements, civil works contracts, supply agreements, preliminary works agreements, deeds of novation, tri-partite deeds and other comparable agreements
• Providing advice in relation to extension of time claims, variation claims, latent condition claims, prolongation and liquidated damages claims
• Providing advice, including drafting documents for both applicants and respondents, in relation to claims arising out of the Building and Construction Industry Security of Payment Act 2002 (Vic) and equivalent legislation in other Australian jurisdictions Her work includes drafting of payment claims, payment schedules, rights of recovery against Principals and rights to progress payments.

Angela’s recent front-end construction project highlights include:

• Oros Oakleigh – 348 apartments and 106 serviced hotel apartments in a 5-star hotel complex with 3,000m2 of commercial space ($120m)
• Greenfield developments on the outskirts of metropolitan Melbourne (e.g. the St Genevieve project in Diggers Rest and Allandale estate in Cranbourne East).
• Sandringham Golf club redevelopment, including a new 30 bay driving range, reconfiguration of a number of holes, indoor high-performance training facilities, café, new 2-storey club house, additional water storage capacity and an extensive revegetation program to increase the number of indigenous trees, vegetation and overall biodiversity value of the site
• Contract preparation, negotiation and dispute resolution for some of Melbourne’s finest homes, with construction costs for some of the homes exceeding $20 million
• Contracts for the erection of warehouses, child care facilities and service stations in Victoria and other states across Australia.

Angela is also familiar with and drafts special conditions for the suite of Australian Standard contracts (for example AS4300, AS4000, AS4902, AS2124, AS4904, AS4122, AS4915) and contracts produced by HIA and Master Builders’ Association of Victoria.