Dive | 

Building & Construction

▪​   Acting for the head contractor on Australia’s largest infrastructure project including providing advice on contract administration and dispute resolution.

▪​   Acting for a subcontractor whose road bridge collapsed onto the Barton Highway, Australian Capital Territory during the concrete pour. The matter was favourably resolved for the client through exploring complex insurance issues and a prolonged expert determination.

▪​   Successfully defended CSR in an A$16m restitution claim before the Victorian Supreme Court. The case expanded the circumstances where a court is prepared to find a preliminary agreement exists.

▪​   Successfully acted for a Japanese manufacturer in arbitration proceedings against the ASX-listed builder and developer of its National warehouse and distribution facility. The matter settled during the arbitration hearing with the developer/builder agreeing to replace the entire warehouse slab.

▪​   Acted for a developer in Queensland Supreme Court proceedings against purchasers seeking to void approximately A$80m worth of contracts for sale in Gold Coast apartment towers.

▪​   Acting for a large ASX-listed property trust in relation to various disputes with builders of its industrial property. These disputes have included cracked and subsiding warehouse slabs, significant settling and the movement of walls, slabs and retaining walls.

▪​   Acting for an ASX-listed company in a dispute with the subsequent purchaser of industrial land over its liability for demolition and remediation works completed prior to the purchaser’s exercise of its call option.

▪​   Acting on behalf of a large New Zealand builder in relation to various claims including water ingress, product liability and defective works.

▪​   Advising an ASX-listed company in relation to terminating a contractor responsible for automating a brick and tile factory.

▪​   Advising a builder in NSW Supreme Court proceedings in relation to its liability arising out of the construction of a marina.

▪​   Advising ASX-listed companies on proposed construction and supply contracts and negotiating contract terms.

▪​   Advising developers and contractors in relation to tenders, owners corporation disputes, changes in legislation and by-laws.

Energy & Resources

▪​   Acting for a large ASX-listed company in relation to the termination of a gas supply agreement.

▪​   Advising an insurer in relation to a US$266m claim before the Indian Supreme Court for defects and delays in constructing 3 oil platforms in the Arabian Sea.

▪​   Advising the insurer of a gas supplier in a A$55m claim before the New South Wales Supreme Court arising out of a factory gas explosion. The matter involved seeking special leave to the High Court to challenge legislation deferring the commencement of proportionate liability scheme in NSW.

▪​   Acting for an electricity company in disputes arising out of the Christmas 2001 bushfire, which destroyed a significant portion of southern Sydney. The subsequent coronial inquest attributed the cause of the bushfire to arcing power lines, resulting in a significant number of commercial and residential property damage claims and proceedings.

 

Mining

▪​   Acting for a gold mine in relation to its claims that the re-commissioning of its mine in the Northern Territory was defective.

▪​   Advising a gold mine in relation its liability for the electrocution of an electrician at one of its underground mines in Western Australian.

▪​   Advising large Australian mining contractors in relation subcontractor disputes, warranties, guarantees and indemnities.

 
Contract preparation and tendering

▪​   Drafting, preparing and advising on design and construct contracts, lease agreements and power supply agreements.

▪​   Drafting standard terms and conditions for a major ASX-listed supplier of building products.

 
Insurance

▪​   Advising and representing insurers in Supreme and District Court proceedings.

▪​   Advising a reinsurer in relation to a fire on board the Australian navy tanker HMAS Westralia that resulted in the deaths of four sailors.

▪​   Advising Perisher and Thredbo ski resorts in relation to commercial and insurance issues, including drafting risk warnings and waivers and representing the resorts in Supreme and District Court proceedings.
 

Corporate and notarial

▪​   Drafting and negotiating supply and confidentiality agreements.

▪​   Advising a Chinese solar panel manufacturer on investigating and recovering approximately A$60m embezzled by the director of a subsidiary.

▪​   Liaising which foreign agents, companies and governments regarding registering companies, dissolving partnerships, purchasing real property and vessels, litigation and insolvency proceedings, company appointments and opening company bank accounts.

▪​   Drafting Powers of Attorney and ensuring directors have authority to execute various documents.

Tom Dive

​Experience

lawyers & notaries