We have a deep understanding of industry standards, best practices and specific laws and regulations that apply to construction projects, critical to ensuring compliance and avoiding potential legal issues.

Our Experience

During Duncan’s time as a barrister, Duncan advised on many building and construction disputes and he has appeared led and unled in the New South Wales Court of Appeal, NSW Supreme Court, District Court, Local Court as well as in NCAT, arbitrations (domestic and international), mediations and expert determinations.

 

Prior to establishing Macfarlane Construction Law in 2022, Duncan was listed in the Doyle’s Guide to Leading Construction Barristers NSW in 2012, 2014, 2016, 2017, 2018, 2019, 2020, 2021.

 

Prior to commencing at the NSW Bar in 2006, Duncan worked as a solicitor with Minter Ellison Canberra, Mallesons Stephen Jaques Sydney and as a tipstaff in the NSW Court of Appeal.

Scroll to discover a selection of cases Duncan has been involved in

Security for Payment

  • Counsel for Contractor/Appellant in All Seasons Aur Pty Ltd v Regal Consulting Services Pty Ltd [2017] NSWCA 289 and Defendant in Regal Consulting Services Pty Ltd v All Seasons Air Pty Ltd [2017] NSWSC 613
  • Counsel for Builder/Plaintiff in Quasar (Constructions) Commercial Pty Limited v Trilla Group Pty Limited [2017] NSWSC 860
  • Counsel for Builder/Defendant in Illawarra Retirement Trust v Denham Constructions Pty Ltd [2015] NSWSC 823 and [2015] NSWSC 1173
  • Counsel for Plaintiff/Principal in Omega House Pty Ltd v Khouzame [2014] NSWSC 1837
  • Counsel for Plaintiff/Principal in The Trustees of the Roman Catholic Church for the Diocese of Lismore v TF Woollam and Son [2012] NSWSC 1559

Sydney Light Rail

  • Acted as junior counsel for Transport for New South Wales in the NSW Supreme Court proceedings involving in a class action brought by businesses along George Street alleging the construction of the Sydney Light Rail constituted a nuisance (2021 – 2022)
  • Acted as junior counsel for Transport for New South Wales in Supreme Court proceedings brought by Acciona Infrastructure Australia Pty Ltd alleging misleading and deceptive conduct during the procurement of the Sydney Light Rail (2018 – 2019)

Technical Ammonium Nitrate Plant

  • Acted as junior counsel for Downer EDI Engineering Power Pty Ltd Technias Reunidas in a domestic arbitration involving a very large damages claim arising out of alleged defective work undertaken on a Technical Ammonium Nitrate Plant in Karratha, Western Australia (2017 – 2018)

Lane Cove Tunnel

  • Acted as junior counsel for UGL Engineering Pty Ltd in a dispute involving alleged mechanical defects in the Lane Cove Tunnel (2018)

Pipeline Construction

  • Acted for AJ Lucas Operations Pty Ltd in an expert determination with Gladstone Area Water Board involving a large and complicated dispute over the construction of a water and sewer pipeline and access road (2014)

Gold Mine Processing Plant

  • Acted as junior counsel for GR Engineering Services Pty Ltd in an international arbitration with Gold Ridge Mining Limited concerning alleged defective work in gold mine processing plant in the Solomon Islands (2012)

Westfield Shopping Centre

  • Acted as junior counsel for Baulderstone Pty Ltd in a dispute with QIC Ltd in the NSW Supreme Court involving alleged defective works in the construction and refurbishment of Westfield Shopping Centre Parramatta (2010 – 2012)

Horse Arena

  • Acted as counsel for designer and builder of horse arena and Ball & Ball v Martin McInerney t/as Wildthorn Landscapes (unreported) 3 May 2013 NSWDC 2013 and as junior counsel in Ball v McInerney [2014] NSWCA 331

Home Building Cases

  • Many cases that resolved by successful negotiation, including work orders;
  • Acted for the successful home owner in Johnson v Hansen (Home Building) [2009] NSWCTTT 560

Waterproofing and Tiling

  • Acted as junior counsel for the plaintiff proceedings JR Richards Waste Management Services v Kingston Building (Australia) Pty Ltd in the NSW Supreme Court involving alleged defective façade works (2018 – 2019)
  • Acted as counsel for Probuild in a dispute with The Owners SP 8625 involving alleged defective waterproofing and tiling in a large apartment complex (2018)

Engineering

  • Acted for Structural Engineers Taylor Thompson Whitting (NSW) Pty Ltd in the NSW Supreme Court involving the alleged defective design of the concrete structure to a large residential and commercial building in proximity to Sydney Harbour (2018)
  • Acted for the St Vincent’s Private Hospital in a dispute in the NSW Supreme Court involving alleged defective mechanical ventilation design and engineering (2018 – 2019)
  • Acted for pile engineers in NSW Supreme Court Proceedings Cohen v Double Bay Bowling Club [2021] NSWSC 295, [2021] NSWSC 872 and [2021] NSW 1020
  • Acted for structural engineers in NSW Supreme Court Proceedings Olympic Place Pty Limited v Gamcorp (Melbourne) Pty Ltd [2020] NSWSC 261
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