“He draws high praise from market sources… and is highlighted for his impressive work advising on a range of infrastructure and energy related projects.”
(Who’s Who Legal 2020)
Brad is a partner in White & Case's Global Commercial Litigation Practice, based in Australia.
Brad deals with a wide range of disputes, particularly in relation to significant Infrastructure Assets and Projects and his experience has included the conduct of disputes on some of Australia's largest and most high profile infrastructure developments. He is regularly instructed on disputes of strategic and reputational significance in roles that have required him to advise senior executives and boards of listed public and private companies.
Brad has conducted disputes across a wide variety of sectors, including transport (road, rail and runways), energy (particularly renewables), building, mining, and oil and gas.
In relation to project delivery issues, Brad advises clients on conflicts that emerge at each stage of a project's life cycle. He provides strategic advice on how to manage construction claims and has experience in projects delivered under a range of project delivery frameworks, including traditional contracting, Alliances and PPPs.
Brad additionally has extensive experience in the conduct of general commercial disputes, particularly in relation to compliance and regulatory issues. Brad has had extensive experience in responding to investigation and enforcement actions by both the competition/anti-trust regulator (ACCC) and the corporate and securities regulator (ASIC) in Australia. He has advised and acted for leading organisations such as BHP Billiton, ANZ Bank, Chevron and Intergen in both formal and informal dispute and investigation processes on these issues.
He routinely advises both private and government clients and he has extensive experience across the full range of formal dispute resolution processes, including: litigation, domestic and international arbitration and expert determination. Brad has extensive statutory adjudication experience in most jurisdictions across Australia. Brad also has extensive experience in alternate dispute resolution processes such as mediation, case appraisal and dispute advisory boards, particularly in a project delivery context.
Brad is regularly listed as a leading dispute resolution lawyer in market driven publications such as Doyle's Guide (Leading Construction & Infrastructure Litigation Lawyers: 2017, 2018 and 2019), Best Lawyers (Construction/Infrastructure Law: 2018 and 2019), Chambers (Construction: 2020), Legal500 (Dispute Resolution: 2019) and Who's Who Legal (Future Leaders – Construction: 2019, 2020).
Port Waratah Coal Services*
Acted for Port Waratah Coal Services in its prosecution of claims in the New South Wales Supreme Court arising from the $100m expansion of its coal loading facilities at Kooragang Island, Port Stevens. The litigation involved disputes regarding the scope of coverage provided by a Contractors All Risk Policy of Insurance, and the liability of design consultants, the EPC Manager and interfacing sub-contractors for their various roles in project delivery.
Acting for the Thiess and John Holland Joint Venture in various upstream and downstream disputes arising out of the AUD$5 billion AirportLink project. The disputes involved delay and disruption claims arising from alleged acts of prevention by various state authorities during the course of a project delivery, and the prosecution of claims against design consultants for their development of tender and for construction designs for the project.
Acted for ProjectCo on a significant multi-billion dollar transport project in providing strategic advice regarding their obligations under their upstream and downstream delivery and financing contracts in circumstances of substantial upstream and downstream disputes regarding the entitlements to payment, scope of variation directions, and the application of security of payment processes to a PPP project.
Acted for Lendlease Building in relation to their disputes with AMP Capital in their bid to deliver the Quay Quarter Tower project in Sydney.
Acted for Charter Hall in its dispute with the Parramatta City Council in relation to its liability for construction costs under a Project Development Agreement for the completion of a significant residential and commercial development at 1 Parramatta Square in Sydney.
Acted for regional Local Council in New South Wales in relation to disputes with its O&M Contractor over the construction and operation of a waste treatment facility. The dispute involved allegations of misleading tender procurement processes, the application of local government procurement guidelines, rights and entitlements regarding product pricing and long term maintenance obligations.
Acted for LNG Production Joint Venture in its dispute with an off-take purchaser under the terms on which an option granted under a gas sale agreement could be exercised.
Japanese trading house*
Acted for a Japanese trading house in an ICC arbitration of disputes arising under its civil works subcontract for the construction of a desalination plant in Kuwait.
Australian D&C Contract*
Acted for an Australian D&C Contractor in numerous disputes of strategic significance in the performance of construction works on a multi-billion dollar off-shore LNG project.
* Experience gained in a previous role