Patrick Kaluski

Patrick is a Partner in our Commercial Litigation & Disputes and Restructuring, Insolvency & Turnaround Teams.

Patrick has extensive experience in advising government and corporate clients in the resolution of a wide range of commercial disputes.

Experience & expertise

Patrick is a highly experienced litigator specialising in commercial litigation, construction disputes, debt recovery and insolvency & reconstruction. He has worked in private practice and specialist in-house roles in Sydney, London and Newcastle, giving him a broad perspective in advising corporate and government clients on complex disputes, including personal and corporate insolvency matters.

Patrick’s practice spans both formal and informal dispute resolution, including litigation, arbitration, expert determination and claims under the Building and Construction Industry Security of Payment Act 1999 (NSW). He acts for clients across a range of industries, including construction & infrastructure, property, mining, engineering, transport, health, manufacturing and utilities.

He regularly advises and appears in matters before the Supreme Court of NSW, Court of Appeal, Federal Court and High Court of Australia. Admitted to practise law in the Supreme Court of NSW and the High Court of Australia, Patrick is known for combining technical excellence with a strategic, commercial approach to resolving disputes efficiently and pragmatically.

Work highlights

Patrick acted for the successful party in the landmark High Court proceedings Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd. The matter culminated in a unanimous High Court decision confirming that the Building and Construction Industry Security of Payment Act 1999 (NSW) excludes the Supreme Court’s jurisdiction to quash adjudication determinations for non‑jurisdictional errors of law on the face of the record. The decision remains a leading authority on the scope and operation of the Security of Payment regime in NSW.

Some of Patrick’s notable cases include:

• Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd (2018) 264 CLR 1
• Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 4) [2018] NSWCA 52
• Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd [2018] NSWCA 33
• Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd [2016] NSWCA 382
• Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2) (2016) 95 NSWLR 157
• Tianjin Yingtong Materials Co Ltd v Young [2022] NSWSC 943
• Demex Pty Ltd v Marine Civil Contractors Pty Ltd & Anor [2022] QSC 141
• Shetab & Ors v The Owners DP 285220 [2022] NSWCATCD
• Synergy Medical Imaging Pty Ltd (No 2) [2021] NSWSC 627
• Synergy Medical Imaging Pty Ltd [2021] NSWSC 579
• Civil Contractors (Aust) Pty Ltd v Galaxy Developments Pty Ltd & Ors; Jones v Galaxy Developments Pty Ltd & Ors [2021] QCA 10
• Maitland Benevolent Society Limited (in liquidation) [2020] NSWSC 1284
• Aberdeen All Farm Pty Ltd (in liquidation) [2020] NSWSC 770
• Galaxy Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd t/a CCA Winslow & Ors [2020] QSC 51
• Flynn v PPK Mining Equipment Pty Ltd [2023] NSWCA 201 – share purchase agreement, contract dispute
• Flynn v PPK Mining Equipment Pty Ltd [2023] NSWCA 151 – security for costs
• Flynn v PPK Mining Equipment Pty Ltd (No 2) [2022] NSWSC 1640 – share purchase agreement, contract dispute.