Background

Adele is known for her strategic and collaborative approach to the resolution of commercial and administrative law disputes. She works closely with solicitors and in-house counsel to understand key commercial and organisational drivers to resolve legal issues quickly. An astute negotiator and communicator, Adele isolates the key issues and helps her clients develop pragmatic commercial solutions.

Recognised as a recommended junior counsel for construction and infrastructure disputes in Doyle's Guide to the Australian Legal Profession, Adele accepts briefs to advise and appear in the Federal Court, NSW Supreme and District Courts, and NSW and Victorian Tribunals as well as all forms of alternative dispute resolution including mediation, adjudication, expert determination and arbitration.

Working as a key member of the broader legal team, Adele implements effective dispute resolution processes for large private organisations and state and federal government departments particularly on major infrastructure and building projects and review of administrative law decisions. Adele also practices in insolvency and a range of broader commercial matters.

Adele regularly presents on legal topics and provides continuing professional development seminars tailored for legal professionals, with subjects covering expert evidence, ADR strategies, security of payments, practice and procedure, as well as various legislative updates. You can email Adele directly for more information on tailored CPD sessions or any speaking requests.

Adele accepts briefs from both solicitors and corporate counsel. For Adele’s availability, fees, or to discuss your legal issue, please call Adele directly on 02 9151 2958 or email [email protected].



Focus Areas + Select Cases

Grocon (Belgrave St) Developer Pty Ltd v Construction Profile Pty Ltd [2020] NSWSC 409 (led by Frank Hicks SC)

Successfully represented Grocon in urgent proceedings seeking a declaration that a payment claim was void under security of payment legislation. The proceeding considered what amounts to “construction work” for the purpose of a valid payment claim and the jurisdiction of an adjudicator.

 

Jacobs Group (Australia) v Commonwealth of Australia [2020] VSC 127 (led by Scott Roberston)

Successfully represented the Commonwealth defending an application which sought leave to appeal an arbitral award. The court accepted the Commonwealth’s contention that the parties had not agreed that an appeal could be made under s 34A of the Commercial Arbitration Act 2011 (Vic).

 

Futurepower Developments Pty Ltd v TJ & RF Fordham Pty Ltd t/as TRN Group [2019] NSWSC 1554 (led by Frank Hicks SC)

Successfully represented TRN Group defending an application which sought to recover amounts for paid for variations. The proceeding considered breach of contract, quantum meruit, estoppel by convention and misleading and deceptive conduct.

 

Futurepower Developments Pty Ltd v TJ & RF Fordham Pty Ltd T/as TRN Group (No 2) [2019] NSWSC 1663 (led by Frank Hicks SC)

Successfully obtained a costs order for TRN Group which included interest on costs.

BRC17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 217

Successfully represented the Commonwealth in an appeal from a decision of the Federal Circuit Court. The proceeding considered the requirements of s 473DD of the Migration Act 1958 (Cth) when the Immigration Assessment Authority has new information before it.

 

FIV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 702

Successfully represented the Commonwealth in a judicial review application of a decision of the Administrative Appeals Tribunal. The proceeding considered the requirement of a decision maker to give proper and genuine consideration to the material before it.

 

SZVGE v Minister for Immigration and Border Protection (No. 2) [2020] FCCA 35

Successfully represented the Commonwealth in a judicial review application of a decision of a delegate of the Minister for Immigration. The proceeding considered whether the delegate was required to inquire about information concerning the applicant’s previous application for a protection visa in determining whether the applicant satisfied the requirements to waive a condition attached to the applicant’s then visa.

 

DFS16 v Minister for Home Affairs (2019) 166 ALD 410; [2019] FCA 944 (special leave refused DFS16 v Minister for Home Affairs & Anor [2019] HCASL 379)

Successfully represented the Commonwealth in an appeal from a decision of the Federal Circuit Court and the subsequent application for special leave. The proceedings considered whether the translation of a document before the Immigration Assessment Authority was new information for the purpose of Part 7AA of the Migration Act 1958 (Cth).

Ryde Developments Pty Ltd v Property Investors Alliance Pty Ltd [2017] NSWCA 339 (led by Victor Kerr SC)

Represented Property Investors Alliance, the corporate selling agent, in a dispute with the builders of a large mixed use development. The builder sought declarations that it was not required to pay commission on the sale of the units due to breaches of the Property, Stock and Business Agents Act 2002 (NSW). The Court of Appeal found that the agent had failed to provide a sales inspection report in accordance with the legislation, but found that the agent was still entitled to its commission.

 

Ryde Developments Pty Ltd v Property Investors Alliance Pty Ltd (No. 2)  [2018] NSWCA 40 (led by Victor Kerr SC)

Judgment considered costs principles applicable to issues that are discrete and separable.


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