Background

Faheem has a commercial practice with particular expertise in construction and infrastructure disputes, as well as employment and industrial matters.

In the field of construction and infrastructure disputes, Faheem has a particular interest in disputes involving delay and disruption. He also has considerable experience helping clients resolve of construction and infrastructure disputes through alternative dispute resolution mechanisms (including security of payment adjudication, mediation, expert determination and arbitration).

Faheem’s employment and industrial practice extends to all matters in that practice area.

Prior to coming to the bar, Faheem worked as a solicitor at Allens and a senior associate Corrs Chambers Westgarth.

Faheem is a headnote author for the Building and Construction Law Journal.

Outside of work, Faheem’s interests include reading, cricket and AFL. He is a passionate supporter of the GWS Giants.



Focus Areas + Select Cases

Duffy Kennedy Pty Ltd v Galileo Miranda Nominee Pty Ltd [2020] NSWCA 25 – right to suspend works under the Building and Construction Industry Security of Payment Act 1999 – validity of a contractual show cause notice – validity of a contractual ‘take out’ notice – acting for the appellant builder in proceedings against the developer in the NSW Court of Appeal – led by F Hicks SC and S Ahmed.

Beta Build Group v El Baba (No. 2) [2020] NSWDC 238; Beta Build Group v El Baba (No. 3) [2020] NSWDC 272 – adoption of a referee’s report on the question of rectification costs for building defects – costs – acting for the plaintiff in the District Court of NSW – unled.

Icon v Meso – latent condition, delay costs – acting for the builder in proceedings against the developer and insurers in the Supreme Court of NSW (ongoing) – led by T Breakspear.

Blue Land Parramatta v Heworth Constructions – building defects - acting for the developer in proceedings against the builder in the Supreme Court of NSW (ongoing) – led by F Hicks SC.

Ganellen v RB Group – negligence – acting for the builder in proceedings against the consultant engineer in the Supreme Court of NSW in respect of the failure of pre-cast spandrels (ongoing) – led by T Breakspear.

Geoffrey Stewart Constructions v Nottingham – variations – misleading and deceptive conduct – acting for the buildering in proceedings against the developer in the Supreme Court of NSW – led by T Breakspear.

Bourke v Wincrest Group – residential building work – building defects – acting for the builder in NCAT (decision reserved) – unled.

Jurkovic v Fire Combat Australia - residential building work – misleading and deceptive conduct and breach of consumer guarantees in contravention of the Australian (ongoing) – unled.

Walsham v Fire & Rescue NSW [2021] NSWIRComm 1013 – public sector disciplinary appeal – acting for the applicant in a three-day hearing – unled.

Dadley v Fire and Rescue NSW [2020] NSWIRComm 1084 – unfair dismissal – acting for the applicant – seeking stay of proceedings pending finalisation of proceedings in the Court of Criminal Appeal – unled against senior counsel.

Vaulin v City of Parramatta Council [2020] NSWIRComm 1058 – victimisation – acting for the applicant– led by D Mahendra.

DP World Sydney v CFMMEU – protected industrial action – acting for DP World Sydney in proceedings in the Federal Court of Australia (settled) – led by J Darams.

Gemma Hill v Wards Accounting Group – interlocutory injunction to prevent termination of employment in contravention of the Fair Work Act 2009 – acting for the applicant in proceedings in the Federal Court of Australia (settled) – led by D Mahendra.

Michelle Forde v Puddingburn Publishing Services – unfair dismissal – dismissal under the Small Business Fair Dismissal Code – acting for the applicant in proceedings before the Fair Work Commission (settled) – unled.

Ahn v Bio Health; Fung v Bio Health – unfair dismissal – whether the dismissal was a genuine redundancy – acting for the applicants in proceedings before the Fair Work Commission (settled) – unled.

Willis Reinsurance v Fisher; Willis Reinsurance v Wang - restraint of trade – acting for Willis Reinsurance in multiple proceedings in the Supreme Court of NSW (settled) – led by A Moses SC and D Mahendra.

NEXTracker Inc v ACN 003 905 093 Pty Ltd (formerly RCR O’Donnell Griffin Pty Ltd) (In Liquidation) [2019] NSWSC 1604 – interpretation of a contract for the supply of equipment and materials for use in the construction of a solar farm project – acting for the plaintiff in the Supreme Court of NSW – led by I Roberts SC.

CB Commercial v Smoothflow Australia – breach of fitness for purpose guarantee and the guarantee as to acceptable quality under the Australian Consumer Law – acting for the applicant in the Federal Court of Australia (ongoing) – led by L Shipway.

NGI Savannah v Budd & Ors – breach of contract, breach of fiduciary duty and misleading and deceptive conduct in contravention of the Australian Consumer Law – acting for the plaintiff in the Supreme Court of NSW (settled) – led by J Knackstredt.


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