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Fabienne Loncar

Special Counsel

Melbourne

+61 3 8687 7319

Fabienne specialises in commercial litigation and dispute resolution in the areas of building defects and flammable cladding claims, strata law and domestic building insurance. Fabienne’s clients range from leading private and government insurers, through to property developers, owners corporations and homeowners. She provides accurate advice to facilitate solutions and effect results.

EXPERIENCE & EXPERTISE

Fabienne’s growing strata practice includes a range of stakeholders from owners corporations to developers. She advises on building defect and cladding claims, topical concerns such as COVID-19 requirements, debt and levy recoveries, and litigated disputes. Fabienne also advises developers on strata establishment obligations including the preparation of bespoke owners corporation rules for complex developments.

With over 14 years of experience in managing all aspects of defect claims, Fabienne brings expertise in both dispute resolution and litigation in all major Australian jurisdictions. Having acted for leading private and government insurers in Victoria, NSW, WA and SA, she brings proficient and clear advice to complex indemnity issues such as liability disputes, subrogated recoveries, policy and statutory interpretation.

Balancing technical skill and experience with approachability and accessibility, Fabienne is cognisant of identifying her clients’ desired outcomes at the outset, and taking practical steps to work towards their end goals as efficiently as possible. She makes herself available to her clients, which is crucial in a time where everyone works around the clock.

ACCOMPLISHMENTS

Fabienne’s experience includes the following select cases:

  • Harris v Insurance Australia Limited (Building and Property) [2020] VCAT 813: Successful defence of an application under s126 of the VCAT Act 1998 to extend the time for a review of an insurer’s decision
  • QBE Insurance (Australia) Limited v Pascoe Partners Pty Ltd WAD232/2019 (ongoing): Recovery, misleading and deceptive conduct
  • Waddell v JG King Project Management Pty Ltd (Building and Property) [2018] VCAT 1531: Defects case involving the warranties owed to successors in title under s9 of the Domestic Building Contracts Act 1995. This was the first time s9 had been interpreted since its introduction.
  • Zhao v Goodman [2011] FCA 1438: Bankruptcy application
  • Goodman v Zhao [2008] NSWDC 373, Zhao v Goodman [2010] NSWCA 2: Successful defects case involving contract, statutory warranties and quantum meruit. Successful defence of appeal.

RECOGNITION

Publication and Papers
  • Circular to strata managers: How stage 4 affects the management of your buildings, 6 August 2020
  • Casenote: Insurance Australia Limited v Harris, 6 August 2020
  • Casenote: Issues arising from the obligations to repair and maintain common property in the cladding crisis, 19 March 2020
  • Casenote: Managing an owners corporation under COVID-19, 13 March 2020
  • Balancing the time limit, July 2015 89 (7) LIJ, p49.

Expertise

Qualifications

  • Bachelor of Commerce (Marketing), 2003, University of New South Wales
  • Bachelor of Laws, 2003, University of New South Wales
  • College of Law, 2004

    Memberships

    • Australian Construction Law Discussion Group
    • Victorian Women Lawyers
    • Women in Insurance