Rod is an expert litigator with over 30 years' experience.
As an executive partner he advises and represents major construction and mining clients in disputes on the subjects of arbitration, court proceedings, adjudication claims and expert determination, with a particular focus on, and experience in, the oil and gas sectors.
Key deals
QGC (BG Group/Shell)
Advised on the Queensland Curtis Island Liquefied Natural Gas (QCLNG) project, one of Australia’s largest capital infrastructure projects, involving US$26 billion of investment from 2010-2014, including:
- two major arbitrations conducted in Australia under IAMA (AU$250 million)/ICC (AU$1 billion plus) based rules (conducted under stop clock conditions);
- successful Supreme Court proceedings to set aside an adjudicator’s decision under the Building and Construction Industry Payments Act (Qld) regarding a progress payment of approximately AU$87 million;
- binding and non-binding expert determinations; and
- non-binding hearing of disputes with a Dispute Resolution Board comprising of international counsel and experts.
Thiess
Acted in proceedings against a design consultant, claiming losses for the design of calciners at QAL’s alumina refinery near Gladstone.
Clough Engineering
Acted in a dispute concerning cost overruns of tens of millions of dollars arising from the construction of a wharf and ship loader for a coal terminal.
Downer EDI Mining
Acted in successful Supreme Court proceedings (including an appeal to the Court of Appeal) on the determination of a price for contract mining operations at Milmerran coal mine.
Laing O’Rourke
Acted in Supreme Court proceedings to injunct a call on a bank guarantee under a contract to build port facilities.
Wiggins Island Coal Export Terminal (WICET)
Acting in the Supreme Court regarding disputes (time and cost) arising from the earthworks contractor for the WICET Project.
Pt Century Dinamik Drilling & Centure Energy Services Pty Ltd, Century Drilling Limited
Acted for a global drilling contractor in an arbitration in Singapore, in accordance with the Rules of the Singapore International Arbitration Centre.
Trans Adriatic Pipeline Project
Advised on strategic contract and claims management on the Turkey to Italy €6 billion Trans Adriatic Gas Pipeline project, including advice on the 9 EPC contract packages (including the off-shore EPC pipeline package).