Profile
Joshua accepts briefs in all areas of commercial law, with a particular interest in building and construction matters. Joshua is also experienced in matters relating to the intersection of commercial law and the built environment, including domestic and international arbitration, insurance, planning and environment, and competition and consumer law.
A summary of his recent experience is provided below.
Arbitration
ACICA Arbitration (Sydney) (Led by Ian Pike SC and Tim Breakspear SC, with Timothy Boyle) – Acting for the D&C Contractor in connection with claims arising from the construction of a significant rail infrastructure project in NSW ($billions).
Building & Construction
Acting for various project participants, including homeowners, builders, designers and subcontractors in proceedings relating to claims for delays, defective building works, and other delivery issues; before the VCAT.
Acting for various project participants in adjudication applications and debt recovery proceedings under the Building and Construction Industry Security of Payment Act 2002 (VIC).
Acting for an Owners Corporation in connection with claims against a residential builder and building surveyor for defective building works and property damage resulting from a structural fire, including historical issues associated with the use of combustible cladding materials (EPS); before the County Court of Victoria.
Acting for a draftsperson in proceedings relating to allegedly defective shop drawings and consequential losses, including claims for breach of contract and in negligence ($millions); before the County Court of Victoria.
Advising a builder in connection with a purported termination of a major domestic building contract, including advice on prospects of claims, and potential avenues for recovery.
Acting for an individual in connection with a prosecution brought by the Victorian Building Authority (VBA) for contraventions under the Building Act 1993 (VIC); before the Magistrates’ Court.
Planning
Acting for an individual objector in connection with an application under s 82 of the Planning and Environment Act 1987 (VIC) for the review of a decision of the responsible authority to grant a permit in connection with a solar farm and battery storage facility in Regional Victoria; before the VCAT.
Class Actions
Assisting with large-scale document review processes and related attendances in connection with two significant class actions / representative proceedings in the Supreme Court of Victoria.
Other Matters
Acting for a landlord in connection with an application for leave to appeal a decision of the VCAT regarding the determination of “market rent” for a commercial premises pursuant to s 37 of the Retail Leases Act 2003 (VIC); before the Supreme Court of Victoria.
Before joining the Bar, Joshua worked as a solicitor with MolinoCahill, a market-leading specialist law firm providing advice to clients involved in the construction, infrastructure, technology, defence, and energy and resource sectors. As a solicitor, Joshua worked on a variety of matters, ranging from smaller disputes involving subcontractors and designers ($ million +) through to significant claims on large infrastructure projects ($ billions). His practice included advising clients on complex construction and engineering disputes, including in relation to delay and disruption, and defects, as well as the administration of major projects.
Joshua has been published in peer-reviewed legal journals, including in relation to the validity of contractual limits on liability, the availability of a quantum merit in light of recent developments in the law, and the scope of third-party claims in arbitration. His contributions to the field have been recognised in consecutive years (2020 and 2021) through the Brooking Prize – an annual competition held by the Society of Construction Law Australia for the best essay submitted in the field of construction law.
Joshua read with Gabi Crafti SC. His senior mentor is Rob Craig KC.
Alternative Dispute Resolution
+61 3 9225 7222
clerkb@greenslist.com.au