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Candidate Profile: Senior Property Development Litigation Lawyer & Expert Witness
1. Professional Summary A seasoned litigation lawyer with over 5 years of focused experience in property development disputes within commonwealth jurisdictions grounded in English common law, with an emphasis on Australian legal practice. Recognized for authoritative expertise in building disputes, construction law, and statutory compliance under the Australian National Construction Code (NCC). Proven track record of serving as an expert witness in complex building litigation, including preparation of expert legal opinions and courtroom testimony compliant with Australian court standards. 2. Qualifications and Certifications Legal Education: Bachelor of Laws (LL.B) or Juris Doctor (JD) from an accredited university in a commonwealth jurisdiction (preferably Australia or comparable English common law jurisdiction). Admission and current practicing certificate/licence to practice law in a relevant Australian state or territory (e.g., NSW, Victoria, Queensland) or other commonwealth jurisdictions. Specialized Certifications: Accredited expert witness status or formal training in expert witness procedures under Australian court rules (e.g., Uniform Civil Procedure Rules NSW, Evidence Act 1995). Certification or continuing professional development (CPD) courses related to construction law and building code compliance, including NCC updates. Professional membership or affiliation with construction law bodies such as the Australian Construction Law Association (ACLA). 3. Litigation Experience Practice Area Focus: Extensive involvement in property development litigation, including contractual disputes between developers, builders, subcontractors, and suppliers. Experience managing claims related to building defects, non-compliance with building regulations, delays, and breach of contract within residential and commercial development projects. Representation in tribunals and courts at various levels, including state civil courts and specialist building tribunals. Expert Witness Engagement: Regularly retained as a court-appointed expert witness for property development disputes. Skilled in drafting detailed expert legal opinions, reports, and affidavits that withstand rigorous cross-examination and meet evidentiary standards. Familiarity with the requirements of Australian courts regarding expert testimony, including impartiality, independence, and compliance with expert witness codes of conduct. 4. Australian National Construction Code (NCC) Expertise Technical Knowledge: Deep understanding of the NCC’s structure, performance requirements, and referenced Australian Standards. Application of NCC provisions to assess building compliance in disputes, including fire safety, structural integrity, energy efficiency, and accessibility. Experience in reviewing project documentation, development applications, construction certificates, and inspection reports to verify NCC compliance. Compliance Assessment: Capability to critically evaluate the work of subcontractors, builders, and property developers for adherence to the NCC and related statutory obligations. Conduct technical due diligence and forensic analysis in contested building works, often collaborating with qualified building consultants and engineers. 5. Relevant Skills and Competencies Legal Review & Advisory: Expert in interpreting and advising on construction contracts, subcontract agreements, and statutory warranties in property development. Skilled in identifying breaches and preparing legal strategies for dispute resolution or litigation. Expert Witness Skills: Strong analytical and technical writing skills for producing clear, cogent, and defensible expert reports. Ability to articulate complex building compliance issues in accessible legal language for judges and juries. Proficient in courtroom presentation and defending opinions under cross-examination. Interdisciplinary Collaboration: Experienced in working closely with building surveyors, structural engineers, quantity surveyors, and construction experts. Adept at coordinating multi-disciplinary expert evidence to strengthen litigation positions. 6. Jurisdictional Practice Holds valid practicing certificates across Australian states or other commonwealth jurisdictions adhering to English common law principles. Preferably active in jurisdictions with well-developed construction litigation frameworks (e.g., NSW, Victoria). Experienced in handling multi-jurisdictional property disputes involving Australian building law. Summary This lawyer combines substantial litigation expertise in property development with authoritative knowledge of the Australian National Construction Code and stringent court expert witness requirements. Their skill set encompasses comprehensive review of subcontractors and builders to ensure NCC compliance, backed by practical courtroom experience and expert opinion drafting. This profile fits the demands of complex building disputes requiring technical, regulatory, and litigation precision.