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Nathan Cutts



+61 3 8687 7367

Nathan is a highly skilled construction and building Partner in our leading Construction Team. He is a valued advisor to a range of construction industry participants in both front end advisory work, as well as conducting litigation of construction, infrastructure and engineering claims.


Over the last decade, Nathan has represented an array of construction sector participants and professionals, including developers, builders, municipalities, architects, engineers, surveyors, project managers, subcontractors, owners and suppliers, adding valuable insight to his front and back-end advice and representation. His front-end advisory work includes advice on all aspects of construction, including assisting in the interpretation of construction related agreements. Nathan regularly drafts and reviews contracts so that his clients understand the risk profile in the proposed contract.

Nathan has acted for both applicants and respondents in connection with claims arising from the Building and Construction Industry Security of Payment Act 2002 (Vic) and equivalent legislation in other Australian jurisdictions. This work includes drafting of payment claims, payment schedules, rights of recovery against Principals and rights to progress payments and judicial reviews of determinations made by adjudicators.


Nathan’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)
  • 568 Collins Street, Melbourne – a 69 storey residential and commercial development
  • Collins Square – Australia’s largest commercial mixed use development, comprising five commercial towers over 10,000 square metres of retail podium and the refurbishment of the historic Southern Goods Shed. The $1.3 billion project is situated on a whole city block with 190 metres of Collins Street frontage.
  • Essendon Fields (development arm of Essendon Airport) in the regeneration of a 70 hectare site
  • Greenfield developments on the outskirts of metropolitan Melbourne (e.g. the St Genevieve project in Diggers Rest and Allandale estate in Cranbourne East).
  • A range of builders on all construction aspects of their projects including Element 5, Balmain, Orange Building Solutions, Fasham Johnson, Mahercorp, and Metricon
  • Tasmanian eco-resort development, including a 100-guest suite resort, 200 visitor accommodation units, 40 holiday villas, 80 serviced apartments, a new air strip and an 18-hole golf course on 1900 hectares of land
  • 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
  • 287 townhouses in Port Melbourne – drafting building contract and demolition, civil works and infrastructure agreements
  • 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.

Nathan has vast experience in the successful conduct and resolution of complex multi-party litigation, and regularly appears in all Victorian courts, the Federal Court of Australia, the Victorian Civil and Administrative Tribunal and the Building Appeals Board.

Nathan has also defended enforcement applications and made applications on behalf of clients for planning permits, amendments to planning permits, Works Approvals and EPA licences.



  • Bachelor of Laws, 2006, Monash University
  • Bachelor of Engineering (Chemical) (Hons), 2006, Monash University


  • Building Dispute Practitioners Society
  • Law Institute of Victoria