Background

Faheem accepts briefs in all areas of commercial law. He has a particular interest in construction and infrastructure disputes, as well as employment and industrial matters.

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

Faheem’s employment and industrial practice extends to all matters in those practice areas.

Faheem is always prepared to ‘roll up his sleeves’ and work closely with senior counsel, instructing solicitors, clients and experts as a member of a team to ensure that the matter is thoroughly prepared.

Through meticulous attention to case preparation Faheem ensures that the client’s case can be presented in the most persuasive manner.

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

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

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

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

Bourke v Wincrest Group – residential building work, building defects – acting for the builder in NCAT (ongoing) - unled

Beta Build Group v El Baba (No. 2) [2020] NSWDC 238; Beta Build Group v El Baba (No. 3) [2020] NSWDC 238 – 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

Walsham v Fire & Rescue NSW – public sector disciplinary appeal – acting for the applicant in a three day hearing in the Industrial Relations Commission (decision reserved) – unled

Vaulin v City of Parramatta Council [2020] NSWIRComm 1058 – victimisation – acting for the applicant in proceedings in the Industrial Relations Commission – 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 (part heard) – 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

Parker v World Wide Mind – unfair dismissal – acting for the applicant in proceedings in 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 (ongoing) – 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 – led by J Knackstredt


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