Background

Faheem Anwar is a barrister with a commercial practice specialising in building and construction law and employment and industrial law. He has particular expertise in complex construction and infrastructure disputes involving delay and disruption.

As an advocate, Faheem always prepares meticulously to ensure that his client’s case can be presented in the most persuasive manner. He is known for ‘rolling up his sleeves’ and working collaboratively with senior counsel, instructing solicitors, clients and experts to ensure each matter is thoroughly prepared.

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

Outside of work, Faheem enjoys spending time with his family, reading and watching sports especially cricket and rugby.

Specialisations

  • Building, construction and infrastructure law
  • Employment and industrial law
  • Commercial litigation and equity
  • Strata law

Professional Recognition

  • Doyles Guide Leading Construction & Infrastructure Junior Counsel – New South Wales– Recommended 2022 and 2023

Focus Areas + Select Cases

Building & Construction

Leeder v DRP Constructions Pty Ltd (2023).

Faheem acted for the owners in proceedings in the Supreme Court of NSW concerning building defects – led by R Cheney SC.

Total Construction Pty Ltd v Catholic Healthcare Limited [2023] NSWSC 585.

Faheem acted for a principal in relation to an application made by the contractor for interlocutory injunction to restrain recourse to bank guarantees – led by T Breakspear SC.

Beta Build Group v El Baba (No. 2) [2020] NSWDC 238; Beta Build Group v El Baba (No. 3) [2020] NSWDC 272.

Faheem acted for the builder in relation to an application for the adoption of a referee’s report on the question of rectification costs for building defects in the District Court of NSW – unled.

Duffy Kennedy Pty Ltd v Galileo Miranda Nominee Pty Ltd (2020) 101 NSWLR 927.

Faheem acted for the appellant builder against the developer in NSW Supreme Court proceedings. The key issues included the right to suspend works under the Building and Construction Industry Security of Payment Act 1999, as well as the validity of a contractual show cause notice – led by F Hicks SC and S Ahmed.

Blue Land Parramatta v Heworth Constructions (2020).

Faheem acted for the developer against the builder in NSW Supreme Court proceedings concerning building defects – led by F Hicks SC.

Ganellen v RB Group (2021).

Faheem acted for the builder in proceedings against the consultant engineer in the Supreme Court of NSW in respect of the failure of pre-cast spandrels. The proceedings settled prior to a hearing – led by T Breakspear SC.

Icon v Meso (2021).

Faheem acted for the builder against the developer and insurers in Supreme Court of NSW proceedings concerning latent conditions and delay costs. The proceedings also involved complex issues concerning interpretation of the insurance policy and rectification of contract. The proceedings settled prior to hearing - led by T Breakspear SC.

MP Water Pty Ltd v Veolia Water Australia Pty Ltd (No 2) [2021] NSWSC 892; MP Water Pty Ltd v Veolia Water Australia Pty Ltd (No 3) [2021] NSWSC 1023; MP Water Pty Ltd v Veolia Water Australia Pty Ltd (No 4) [2021] NSWSC 1428.

Faheem acted in NSW Supreme Court proceedings for the design and construction contractor of a major water treatment facility. The dispute concerned complex issues of contractual interpretation and whether the prevention principle applied – led by M Ashhurst SC and J Wright.

J & C G Constructions Pty Ltd v Tran (2022).

Faheem acted for J & C G Constructions in relation to an application for an access order under the Access to Neighbouring Land Act 2000 (NSW) – unled.

Sandy June Pty Ltd v L-Con Building and Construction Pty Ltd (2023).

Faheem is currently acting for the builder in proceedings in the District Court of NSW concerning building defects – unled.

Geoffrey Stewart Constructions v Nottingham (2022).

Faheem is currently acting for the builder in proceedings in the Supreme Court of NSW. The key issue is whether representations made by the developer in the request for tender constituted misleading or deceptive conduct – led by T Breakspear SC.

Gas Infrastructure Arbitration (2023).

Faheem acted for a tier 1 contractor in an international arbitration arising out of the design and construction of cryogenic tanks for a large LNG project in Northern Territory. The amount in dispute was approximately $1 billion. Faheem was part of a team of counsel led by R McHugh SC and T Breakspear SC.

Commercial Law & Equity

NEXTracker Inc v ACN 003 905 093 Pty Ltd (formerly RCR O’Donnell Griffin Pty Ltd) (In Liquidation) [2019] NSWSC 1604.

Faheem acted for the plaintiff in NSW Supreme Court proceedings concerning the interpretation of a contract for the supply of equipment and materials for use in the construction of a solar farm project– led by I Roberts SC.

Citilink v Piling (NSW) Pty Ltd v WBHO Infrastructure Pty Ltd (2020).

Faheem acted for the applicant in relation to a preliminary discovery application in the District Court of NSW – unled.

NGI Savannah v Budd (2020).

Faheem acted for the plaintiff in proceedings in the Supreme Court of NSW which alleged breach of contract, breach of fiduciary duty and misleading and deceptive conduct. The proceedings settled prior to the hearing – led by J Knackstredt.

CB Commercial v Smoothflow Australia (2021).

Faheem acted for the plaintiff in proceedings in the Federal Court of Australia. The key issue was whether the products supplied by the defendant breached the fitness for purpose guarantee and the guarantee as to acceptable quality under the Australian Consumer Law. The proceedings settled at mediation – led by L Shipway.

Sunrise Education v Camnet Finance [2021] NSWCATCD 27.

Faheem acted for the plaintiff in NCAT proceedings regarding breach of contract for hiring photocopying equipment – unled.

Liu v Hu (2021).

Faheem acted for the applicant in an application before the duty judge in the Equity Division of the Supreme Court of New South Wales to extend the operation of a caveat – unled.

EQ Projects Pty Ltd v Sayde Developments Pty Ltd (2021).

Faheem acted for the respondent in relation to an application to set aside a statutory demand in the Corporations List of the Supreme Court of New South Wales – unled.

Sand Ground Engineering v Formscaff Form Pty Ltd (2021).

Faheem acted for the applicant in relation to an application to set aside a statutory demand in the Corporations List of the Supreme Court of New South Wales – unled.

oOh!Media Operations Pty Limited v ConnectX Sydney Pty Ltd & Ors (2021).

Faheem acted for the defendants in proceedings in the District Court of New South Wales regarding alleged breaches of contract. The proceedings settled prior to the hearing – unled.

Allied Express Pty Limited v Punj & Ors (2022).

Faheem acted for the applicant in relation to an application in the Equity Division of the Supreme Court of New South Wales to transfer the proceedings under the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) – unled.

Murayama v Takara Shuzo International Co Ltd & Ors (2022).

Faheem acted for the defendants in proceedings in the Supreme Court of New South Wales regarding alleged breaches of contract. The proceedings settled prior to hearing – unled.

Employment & Industrial Relations

Willis Reinsurance v Fisher; Willis Reinsurance v Wang (2020).

Faheem acted for the employer in restraint of trade proceeding in the Supreme Court of NSW against a former employee who had taken confidential information from the employer and sought to commence work with a competitor. The proceedings settled prior to hearing – led by A Moses SC and D Mahendra.

Gemma Hill v Wards Accounting Group (2020).

Faheem acted for the applicant in proceedings in the Federal Court of Australia seeking interlocutory injunction to prevent termination of the applicants’ employment. The proceedings settled prior to hearing – led by D Mahendra.

DP World Sydney v CFMMEU (2021).

Faheem acted for the employer in proceedings in the Federal Court of Australia. The dispute was about whether the industrial action taken by the union was protected industrial action under the Fair Work Act 2009. The dispute settled after the hearing – led by J Darams.

Walsham v Fire & Rescue NSW [2021] NSWIRComm 1013.

Faheem acted for the applicant in a public sector disciplinary appeal – unled.

Joshua Austin v AGL Energy Limited [2021] FWC 5910.

Faheem acted for the applicant in unfair dismissal proceedings in the Fair Work Commission. The proceedings concerned the employer’s jurisdictional objections regarding the high-income threshold and award coverage – unled.

Australian Services Union of NSW v Transport Secretary (Transport for NSW) (No 2) [2021] NSWIRComm 1100.

Faheem acted for a labour union in relation to an industrial dispute before the Industrial Relations Commission. The dispute concerned whether a new award should be made covering employees affected by a restructure – unled.

Fire Brigade Employees’ Union of New South Wales v Industrial Relations Secretary on behalf of Fire and Rescue NSW (In Orders Dispute) [2022] NSWIRComm 1016.

Faheem acted for a labour union in relation to an industrial dispute before the Industrial Relations Commission. The dispute concerned the arrangements to be implemented where insufficient retained firefighters are available to staff the appliances at a retained fire station.

Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v Secretary of the Department of Education (COVID-19 Protocols) [2022] NSWIRComm 1063.

Faheem acted for a labour union in relation to an industrial dispute before the Industrial Relations Commission. The dispute concerned the implementation of Covid-19 protocols – unled.

Dadley v Fire and Rescue NSW [2020] NSWIRComm 1084; Dadley v Commissioner of Fire and Rescue NSW [2022] NSWIRComm 1025.

Faheem is currently acting for the applicant in relation to an unfair dismissal application – unled against senior counsel.

Employment and Industrial Law

Application for Crown Employees (School Psychologists – Department of Education) Salaries Award [2023] NSWIRComm 1051.

Faheem acted for a labour union in relation to an application for a new award for school psychologists – unled.

Insolvency & Bankruptcy

Equium Lawyers v Sand Ground Engineering Pty Ltd (2021).

Faheem acted for the respondent in relation to an application to set aside a statutory demand in the Corporations List of the Supreme Court of New South Wales. The proceedings settled prior to hearing – unled.

EQ Projects Pty Ltd v Sayde Developments Pty Ltd (2021).

Faheem acted for the respondent in relation to an application to set aside a statutory demand in the Corporations List of the Supreme Court of New South Wales – unled.

Sand Ground Engineering v Formscaff Form Pty Ltd (2021).

Faheem acted for the applicant in relation to an application to set aside a statutory demand in the Corporations List of the Supreme Court of New South Wales – unled.

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