Timothy Margetts KC

EXPERTISE

Building and Construction

Energy and Resources

Administrative Law/Judicial Review/Disciplinary Tribunals

Tenancy Law

Inquests relating to the construction/engineering events

Alternative Dispute Resolution/Mediation/Arbitration

Commercial Law

 

SUMMARY OF EXPERIENCE

Tim Margetts KC practices in commercial/construction/engineering disputes, many of which have been conducted under the domestic and international arbitration process.  He has extensive trial experience in highly technical commercial/construction/engineering disputes, in all Australian courts and in international arbitrations. 

The commercial disputes have involved general contractual issues, director’s duties/employment law, trade practices matters and issues of general trust law.  He has also had extensive involvement in insurance related matters involving interpretation of insurance policies.

Many of the construction/engineering disputes have concerned issues of civil construction, including rock engineering, hydraulics and hydrology which have all been relevant to the geotechnical and structural engineering issues involved in the iron ore industry, and the gas and oil industry including the engineering, procurement and construction of gas plants and off shore platforms, pipelines and wells. He has experience in other litigation involving complex issues of material failure, geotechnical engineering and environmental design and rehabilitation.

He has appeared as King's Counsel in many matters before the Supreme Court of Victoria, the Court of Appeal and in the High Court of Australia, as well as international arbitrations in Singapore and Hong Kong.

Fees by negotiation.

 

SELECTED RECENT CASES

• Tesseract International Pty Ltd v. Pascale Construction Pty Ltd [2023] HCAASP 40 (15 November 2023), (High Court No. A9/2023 awaiting judgment).
• Mann v Paterson Constructions Pty Ltd (2019) 267 CLR 560 (High Court of Australia).
• Melbourne Water Corporation v Vaughan Constructions Pty Ltd [2022] VSCA 241 (Victorian Court of Appeal).
• Tanah Merah Vic Pty Ltd v Owners Corporation No 1 PS613436T [2021] VSCA 72 (Victorian Court of Appeal).
• Australia Kunqian International Energy Co Pty Ltd v Flash Lighting Company Ltd [2020] VSCA 239 (Victorian Court of Appeal).
• Australia Kunqian International Energy Co Pty Ltd v Flash Lighting Company Ltd [2020] VSCA 259 (Victorian Court of Appeal).
• MA & J Tripodi Pty Ltd v Swan Hill Chemicals Pty Ltd [2019] VSCA 46 (Victorian Court of Appeal).
• Mann v Paterson Constructions Pty Ltd [2018] VSCA 231(Victorian Court of Appeal).
• Biodiversity Sub TC Pty Ltd v Vaughan Constructions Pty Limited & Ors (No 4) (Unreported, Supreme Court of Victoria, Delany J, 14 August 2023, First Revision 29 August 2023: [3]).
• Biodiversity Sub TC Pty Ltd v Vaughan Constructions Pty Limited & Ors (No 5) (Unreported, Supreme Court of Victoria, Delany J, 16 August 2023).
• Keppel Prince Engineering Pty Ltd v Vestas – Australian Wind Technology Pty. Limited, Supreme Court of Victoria (2022).
• Flash Lighting Company Ltd v Australia Kunqian International Energy Co Pty Ltd (No 1- 5) [2019] (Supreme Court of Victoria).
• Lenehan and Mills v Powercor Australia Ltd (Supreme Court of Victoria, sitting at Warrnambool).
• MA & J Tripodi Ltd v Swan Hill Chemicals Pty Ltd (No 2) [2018] VCC 526 (County Court of Victoria).
• MA and J Tripodi Pty Ltd v Swan Hill Chemicals Pty Ltd (No 3) [2018] VCC 710 (County Court of Victoria).
• Tesseract International Pty Ltd v. Pascale Construction Pty Ltd [2022] SASCA 107 (South Australian Court of Appeal).
• Vaughan Constructions Pty Ltd v Melbourne Water Corporation (Building and

Property) [2022] VCAT 633 (Victorian Civil and Administrative Tribunal).Air International Thermal Systems Co Ltd v Dong-Ah Electric Components Co Ltd (Singapore International Arbitration Centre).