Gisela Nip

Profile

Gisela practises in building and construction, commercial law and regulatory matters. 

Building and construction matters

Gisela's commercial practice focusses primarily on building and construction matters. 

Gisela regularly acts for owners, contractors, subcontractors, consultants and insurers in construction disputes and has experience across a spectrum of domestic and commercial building matters. Her experience includes advising on claims relating to defective building works, non-compliance with building regulations, and time and cost issues arising under construction contracts. Gisela has significant experience in running multi-party claims and managing complex expert evidence.

Recent matters in which Gisela has been briefed include:

·      acting for homeowners and builders in VCAT and the Supreme Court in matters relating to defective building works;

·      acting for owners’ corporations in VCAT to recover damages for substantial defects in apartment buildings;

·      acting for contractors and subcontractors in payment dispute claims;

·      acting for insurers in claims relating to defective building works, including cladding rectification;

·      acting for a subcontractor in County Court proceedings involving claims of defective glazing work;

·      acting for a leaseholder in County Court proceedings involving various issues relating to the fit-out of a commercial building; and

·      acting for one of Victoria’s largest residential home-builders in proceedings relating to defective building works.

Other commercial matters

Gisela’s commercial practice also includes other contractual and commercial disputes, including breach of contract claims, debt recovery matters and proceedings under the Australian Consumer Law.

Regulatory matters 

Gisela frequently acts for the Building and Plumbing Commission (formerly the Victorian Building Authority) and various local councils in prosecuting offences under the Building Act 1993 (Vic).

Gisela also has extensive experience as a defence counsel, representing builders and owners charged with offences under the Building Act.

Gisela has acted as defence counsel in occupational health and safety prosecutions by WorkSafe. She has also advised, and appeared on behalf of, clients in relation to investigations and prosecutions by the ACCC and ASIC.

Memberships

Gisela currently serves on the executive committees of Melbourne Technology, Engineering and Construction Counsel (MTECC) and the Women Barristers' Association. She is also a member of the Commercial Bar Association and the Society of Construction Law Australia.

Prior experience and qualifications

Prior to joining the Bar, Gisela was the Associate to the Honourable Justice Terry Forrest in the Victorian Court of Appeal. She also practised as a solicitor in construction litigation at Clayton Utz in Melbourne.

Gisela holds a Bachelor of Arts and Bachelor of Laws (Hons) (First Class) from Monash University. She read with Carmen Currie and her senior mentor is Justin Bourke KC.