Spencer Flay

Partner. Perth.

+61 8 9460 1738 |   |  vCard
Spencer Flay

Spencer has advised and acted for participants in most of the recent hard rock 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 and for contractors on BHP Billiton’s RGP3 and RGP5 projects.

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Spencer has advised and acted for participants in most of the recent hard rock 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 and for contractors on BHP Billiton’s RGP3 and RGP5 projects.

Spencer has also acted for various contractors on packages for Chevron’s Gorgon and Wheatstone projects, the principal of the Dampier to Bunbury Natural Gas Pipeline, and has particular expertise in pipeline, SMP and dredging disputes.

Spencer is based in Perth but his reach is global. He has helped mediate, adjudicate and litigate disputes in the United Kingdom, Jordan, Hong Kong and Australia.  Spencer also undertakes front end work including negotiating the contract for completing the distressed build of the Raine Square Development, a high rise tower in the Perth CPD.

Major clients include Laing O’Rourke Australia, Roy Hill, CPB Contractors, Downer, Sapura Kencana, John Holland, Probuild, MCC Mining (WA), DDG Fortescue River, WaterCorp.

Spencer is cited as a leading practitioner in both the Best Lawyers and Doyles Guides in the area of infrastructure/construction and international arbitration.

“We know we are in good hands when we work with him” MCC Mining
Spencer Flay

Spencer's Expertise

  • Probuild Acting for Probuild as head contractor for the completion of the Raine Square development.
  • Thiess Acting for Thiess, Leighton Holdings and a joint venture between John Holland and Macmahon Contractors in relation to a number of disputes with the Commissioner of Main Roads Western Australia.
  • MCC Mining Acting for MCC Mining on disputes arising from the Sino Iron Project.
  • Westport v Gordian Runoff Acting for the Australian Centre for International Commercial Arbitration in an amicus curiae application to the High Court.
  • US$108 million offshore oil and gas dispute Acted for an Australian engineering company in a dispute with a New Zealand operator of an offshore oil and gas facility and subsequent negotiation with insurer on the issue of indemnity.
  • Jordanian International Chamber of Commerce dispute Represented a principal in an arbitration conducted under Jordanian law with respect to a US$360 million claim for wrongful termination of a contract and defence to counterclaim for $400 million.

Spencer's Thinking

What others say

  • “Best Lawyer - Construction/Infrastructure Law” Best Lawyers Peer Review, 2013-2018
  • “Spencer Flay is one of the best lawyers we have come across. We are extremely happy with his service and know we are in good hands when we work with him.” Ah Lek Tang, Senior Contracts Engineer, MCC Mining (WA) Pty Ltd
  • “Spencer Flay consistently provides us with top quality work. We appreciate that he is highly responsive and readily available – day or night – to assist with our legal matters. He is a pleasure to work with.” Eric Meyerowitz, State Manager (WA), Probuild (Aust) Pty Ltd

Spencer's Leadership

  • Society of Construction Law (WA) Member
  • Perth International Arbitration Interest Group Member
  • Dispute Resolution Board Australasia (WA) Committee Member
  • Hill International Masterclass Series Lecturer (Contract Administration)
  • Law Society of Western Australia Member
  • Corrs Chambers Westgarth Diversity Council Member