Background

Declan accepts briefs in all areas of commercial law, and has particular expertise and experience in construction and property law.

Before being called to the Bar, Declan spent six years working as a solicitor and then Senior Associate in the construction litigation teams at HWL Ebsworth and Herbert Geer. He has also had extended experience working in an in-house environment. In addition to having undertaken an eight-month secondment to John Holland, prior to moving to Sydney, Declan spent three years working in Brisbane as a contracts advisor for the ASX-listed engineering practice, Cardno Ltd.

His interest in construction law incorporates all aspects of modern building projects, including the more traditional disputes over unpaid fees, liquidated damages, variations and defects and extends to Security of Payment adjudications and alternative dispute resolution (such as expert determination, arbitration and dispute avoidance boards). He is also interested in the property law components of infrastructure projects, including disputes concerning strata law and easements.

Declan has been listed in the 2018 Doyle's Guide as a Recommended Construction & Infrastructure Junior Counsel within NSW.

Declan holds Bachelors of Arts and Laws from the University of Queensland and recently completed his Masters of Construction Law at the University of Melbourne.

 



Focus Areas + Select Cases

Skyworks NSW Pty Ltd v QY & Lynn Pty Ltd - Acting for a developer in Supreme Court proceedings including interlocutory applications for a separate question and a freezing order: [2017] NSWSC 343 (led by IG Roberts SC).

Electrical Energy Pty Ltd ats Quickway Constructions Pty Ltd - Acting for contractor in Supreme Court proceedings resisting challenges to adjudication determinations: [2017] NSWSC 1140 (led by F Hicks SC).

SHAPE Australia Pty Ltd v Conceptual Interiors NSW Pty Ltd - Acting for a subcontractor on application for injunctive relief in Supreme Court proceedings to set aside an adjudication determination (unled).

PPK Willoughby Pty Ltd ats Midson Construction (NSW) Pty Ltd - Acting for a developer in Supreme Court proceedings including appearing at a contested reference hearing (led by F Hicks SC).

Paragon Construction (NSW) Pty Ltd ats Homeowner - Acting for a builder in NCAT dispute with homeowner relating to payment and allegedly defective works (led by L Shipway).

352 Bourke Street Pty Ltd v Rhall - Acting for a developer in Supreme Court proceedings relating to an application for permission to rescind off the plan sales contracts under s66ZL of the Conveyancing Act 1919 (led by IG Roberts SC).

Denning Real Estate Pty Ltd ats XR Property Development Pty Ltd - Acting for a developer in an application for stay of enforcement of judgment in the Supreme Court (unled).

Hyde Development Nominees Pty Ltd v Owners Corporation SP83861 - Acting for a developer in application for 88K easements from adjoining property owner (as a solicitor).


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