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Michael O'Callaghan

Lawyer
+61.2.9513.2524
Fax +61.2.9513.2399

Mr. O'Callaghan has experience in a broad range of contentious and non-contentious construction law matters, including litigation, alternative dispute resolution and the preparation of contracts across the construction, engineering, resources and infrastructure project sectors.

Mr. O'Callaghan has acted on behalf of various clients in security of payment applications and responses, drafting contracts, advisory work and injunction proceedings.

Professional Background

Prior to joining the firm, Mr. O'Callaghan worked inhouse across each of the legal teams in the Lendlease construction and engineering businesses (Lendlease Building, Lendlease Engineering and Lendlease Services). In this role he provided advice to various projects across the country and operational support to the inhouse legal practice and business and advised on a number of major disputes, including the Clem 7 class action and the Westpoint Shopping Centre dispute.

Professional/Civic Activities

  • Law Society of New South Wales member
  • Provides pro bono support to the St John's Legal Counselling and Referral Service and various other not-for-profit organisations
  • Contributor to the Building and Construction Law Journal
  • Contributor to the Australian Construction Law Bulletin

Speaking Engagements

  • Client presentation on the "Building Defects Bond Scheme effective from 1 July 2017", December 2016
  • Acting for ABB Australia Pty Ltd, a multinational corporation in the automation and power generation industry, in adjudications relating to payment disputes arising from the construction of a power plant (including associated judicial review proceedings in the Northern Territory Supreme Court and Court of Appeal).
  • Acting for Glavcom Pty Ltd, a specialist joinery subcontractor, in adjudication and subsequent New South Wales Supreme Court proceedings concerning security of payment issues (J Hutchinson Pty Ltd v Glavcom Pty Ltd [2016] NSWSC 126).
  • Acting for various clients on security of payment claims, including preparing adjudication applications, responses and associated evidence in New South Wales, Queensland, South Australia and the Northern Territory.
  • Drafting contracts and advisory work, particularly with Australian Standard form contracts (ie AS4000, AS4300, AS4910, AS4905, AS2124, AS4912, AS4920) for owners, councils, developers and contractors.
  • Acting for a large aged care provider in injunction proceedings issued in the New South Wales Supreme Court to restrain a contractor from seeking adjudication of disputed payment claims.
  • Advising Lendlease in a class action commenced in the Federal Court of Australia regarding misleading and deceptive conduct and negligent misstatement in respect of the Clem 7 Tunnel in Brisbane. The proceedings involved complex claims totaling over AUD2 billion.
  • Advising Lendlease in the preparation of high value disputes in New South Wales, Victoria, Queensland and Western Australia. Mr. O'Callaghan advised on alternative dispute resolution procedures and formal proceedings by evaluating and preparing potential claims for variations, extension of time, delay and disruption, breach of contract, quantum meruit and claims made under the Competition and Consumer Act 2010.
  • Advising Baulderstone Hornibrook Pty Ltd (now Lendlease Building) in proceedings commenced in the New South Wales Supreme Court arising from the redevelopment of Westpoint Shopping Centre, Blacktown. The complex litigation ran for over five years and involved claims totaling more than AUD300 million.