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Spencer Flay

Partner

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Spencer has helped mediate, adjudicate, arbitrate and litigate disputes in the United Kingdom, Jordan, Singapore, Hong Kong and Australia. In addition to dispute resolution, he also undertakes front end work.

Spencer has advised and acted for participants in most of the recent mineral projects in Western Australia, including for the EPC contractor on the Sino Iron Project, various SMP, rail, port infrastructure and electricity contractors on the Kara Iron Ore and Mount Gibson Mine Projects, the principal of the Roy Hill Project, the principal of the Pilgangoora Lithium –Tantalum Project, the principal of the Gruyere Gold Project, and for contractors on various BHP Billiton and Rio Tinto projects.

In the oil and gas sector, Spencer has also acted for various contractors on packages for Chevron’s Gorgon and Wheatstone projects, contractors on the INPEX Project and the principal of the Dampier to Bunbury Natural Gas Pipeline. He has particular expertise in pipeline, SMP, quarry, accommodation, and dredging disputes.

In the infrastructure space, Spencer has acted on the Elizabeth Quay project, Forrestfield-Airport Link, various major road construction projects (including the Kwinana Freeway and Great Northern Connect), the Raine Square Development and capital works for the WaterCorp and CBH. He also drafted the bespoke contracts for all Masters Hardware stores in WA.

Key deals

Litigation

Defended claims brought by Monadelphous against DBP in Supreme Court proceedings arising from the construction of an LNG pipeline.

Acted for the contractor consortium defending declaration proceedings brought by JKC with respect to parent company guarantees for the construction of the power station on the INPEX project.

Defended claims brought by Redline (supported by litigation funding) against MCC Mining in the Federal Court arising from the construction of slurry pipe line, including defending injunction proceedings to stop calls on various bank guarantees.

Acted in Supreme Court proceedings for Thiess, Leighton Holdings against the Commissioner of Main Roads Western Australia on the Kwinana Freeway Interchanges and Expansion Project.

Acted in Supreme Court proceedings for Thiess defending claims made by quarry operator on the Wheatstone Project.

Acted in Supreme Court proceedings for a joint venture between John Holland and Macmahon Contractors against the Commissioner of Main Roads Western Australia on the extension to Roe Highway and Tonkin Highway.

Arbitration

Represented an international contractor in arbitration conducted under the IAMA Rules against Chevron arising from the construction of permanent buildings on the Wheatstone Project.

Represented the principal in an arbitration conducted under UNCITRAL Rules in a dispute against an international contractor arising from the construction of an iron ore mine in Western Australia.

Represented Sapura Kencana in two separate arbitrations against Monadelphous regarding the installation of the DomGas pipeline on the Gorgon Project conducted under UNCITRAL Rules.

Represented a Jordanian Principal in an ICC Arbitration conducted under Jordanian law regarding a US$360 million claim for wrongful termination of a FIDIC form contract and defence to counterclaim for AU$400 million for damages, loss of profit and defective works.

Represented MCC Mining in private arbitration against Northrock Pty Ltd arising from blasting and civil works performed on the Sino Iron Project conducted under the Commercial Arbitration Act (WA) 2012.