Hamish is highly regarded for his work handling complex construction disputes, with clients stating he is “incisive and tests the merits rigorously to manage the client’s expectations when this is a fundamental need.” Another commentator highlights his “always prompt advice, consideration of the commercial parameters and understanding of the business and its needs.”
Chambers Asia Pacific 2018 (Construction)
Hamish Macpherson is a partner in the firm's Global Commercial Litigation Practice, acting for clients in disputes before the Australian courts as well as advising on major international infrastructure projects, across such industries as transportation (road, rail and runways), energy (particularly renewables), building, mining, and oil and gas. Hamish advises clients on conflicts that may emerge throughout a project's life cycle including strategic advice on how to manage construction claims.
Hamish also has experience dealing in anti-trust matters in Australia, acting for clients in defence of ACCC prosecutions, as well as assisting clients in relation to market enquiries and compulsory production of documents and information.
Experience
Acting for ANZ, one of the large four Australian banks, in defence of price fixing allegations and a prosecution in the Federal Court. Hamish's client ANZ was successful at first instance in the Federal Court, and also successful on appeal to the full Federal Court, and recovered costs at both instances. Both decisions are reported in the Federal Court Reporter.
Acting for AGL in defence of interlocutory proceedings in the Supreme Court of Queensland to injunct a call on a subcontractor's bank guarantee. The matter included successfully resisting the first instance urgent injunction application, successful defence of the subsequent appeal, and defending the 'run off' litigation and defects claims.
Acting for AGL in New South Wales Supreme Court proceedings arising out of a put and call option to acquire land as part of a power station project.
Acting for BMA as respondent in a $40m Security of Payment claim under the Building & Construction Industry Payments Act QLD, and subsequent Supreme Court appeal.
Acting on a claim for suspension damages on a multi-storey building project, related security of payment adjudication and subsequent Supreme Court injunctive proceedings, and mediation and final resolution.
Acting for Transurban and its subsidiaries in relation to major defects claims on the $2.1 billion Gateway Upgrade Project.
Acting for Lendlease in an important claim arising from installation of non-compliant building products by a subcontractor.
Acting for Moorebank Intermodal Company on the $1.5 billion Moorebank Intermodal Terminal in south-west Sydney. Hamish is advising in relation to arbitrations against the developer Qube Limited and its subsidiaries, arising from construction claims for variations and delay costs.
Acting for MMM, a joint venture between Monadelphous Engineering Pty Ltd and Muhibbah Construction Pty Ltd, in respect of its $388m dispute with Wiggins Island Coal Export Terminal Pty Ltd. Hamish led an Australian and Korean team to defend proceedings in the Queensland Supreme Court, as well as assisting with a complex mediation and settlement negotiation process. This matter involved complex delay and disruption issues, as well as significant quantum analysis.
* Experience gained in a previous role
Chambers Global as one of the leading Construction lawyers in Australia
Legal 500 as a Leading Individual in Construction in Australia
Doyles Guide as a Leading Construction & Infrastructure Litigation Lawyer
