PROFILE

Full Name: Timothy J Margetts QC
Email: tjm@vicbar.com.au
Phone:+61 3 9225 8068
Chambers: Dawson Chambers
Room: 1
Date of Admission: 1 Apr 1981
Called to the Bar: 17 May 1984
Appointed Silk: 28 Nov 2006
Qualifications: L.L.B., LL.M., B.Ec.

Profile

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

 

PRACTICE PROFILE

In over thirty years at the Bar, Tim Margetts QC is recognised as a leading practitioner in disputes and related-claims in the construction and engineering sectors. He has appeared in complex International Chamber of Commerce (ICC) Arbitrations many of which have involved extensive hearings held in Australia, Singapore and Malaysia in relation to works undertaken in the Asia-Pacific region.

 

Tim has established a wide-ranging practice. He has acted as Counsel, Arbitrator and Mediator and in all forms of alternative dispute resolution, including Expert Determinations and DRBs. Tim has also advocated in areas of professional disciplinary matters, including those relating to the legal profession and building industry.

 

In particular, Tim has extensive trial experience in highly technical construction and engineering disputes many of which have involved the examination and cross-examination of expert witnesses, including time and programming experts typically used in delay claims. As a member of Melbourne TEC Chambers - a barristers’ group established to provide advanced, technical expertise in construction and engineering-related disputes - he is an experienced advocate in matters involving complex issues in relation to material failure, geotechnical engineering, and environmental design and rehabilitation in the mining, aviation, energy and resources sectors.

 

Tim has particular expertise in all related applications to enforcement and setting aside determinations made under the Security of Payment legislation throughout Australia.

 

He has also appeared at the Building Appeals Board in all forms of applications made under the Building Act, including professional disciplinary prosecutions. Tim has also appeared in judicial review applications to challenge decisions of statutory tribunals.

 

While the core of Tim’s practice concerns large, complex civil works – most recently involving road, tunnel and bridge construction – his practice also extends to cover criminal prosecutions and inquests in all related matters to his areas of practice. Tim also has had extensive advice/appearance experience in relation to all matters of tenancy law and in particular the Retail Tenancies Act.

 

Tim signed the Bar Roll in 1981 and was appointed Silk in 2006.

 

QUALIFICATIONS

LLB, B.Ec

LLM

 

SIGNIFICANT CASES

Most recent

Judicial review of disciplinary findings in Statutory Tribunals / Denial of natural justice.

John Noce v The Building Practitioners Board [2013] VSC 138

 

Client City of Melbourne

This hearing before the Building Appeals Board concerned the use of a residential class 2 building for commercial short-term stays (sometimes referred to as "serviced apartments").

See: Determination of Building Appeals Board in Salter & Ors v City of Melbourne & Ors dated 22 March, 2013, No. 443839.

 

Client Bold Vision Pty Ltd briefed by Oldham Naidoo Lawyers

This matter, heard in the Supreme Court of Tasmania, involved the first judicial challenge to an adjudicator’s determination under the Tasmanian Security of Payment legislation.

View [2013] TASSC 3

 

For other recent cases concerning applications to challenge adjudicator's determinations under the Victorian Security of Payment Legislation - see

Republic of Turkey v Mackie Pty Ltd & Anor

View [2012] VSC 309

 

470 St Kilda Road Pty Ltd v Reed Constructions Australia Pty Ltd & Anor

View [2012] VSC 235

 

Client Coles Group Property Developments briefed by Ligeti Partners

These matters involved claims of misleading and deceptive conduct in leasing negotiations for retail shops at Coles Shopping Centres. The claims were successfully defended.

Rayvan Pty Ltd & Ors v Coles Group Property Developments Ltd

View [2013] VCAT 124

 

Complete Pets Pty Ltd and Ors v Coles Property Group Developments Pty Ltd

View [2011] VCAT 2165

 

Australia

Client BASF

This dispute involved complex issues of chemistry and surface material analysis.

 

Client BHP Billiton Petroleum briefed by Allens Arthur Robinson

This dispute concerned the design and construction of a gas plant, offshore platform and offshore/onshore pipelines, and associated financial claims.

Client Nacap Australia briefed by Baker & McKenzie

This dispute involved the design and construction of waste water treatment facilities constructed in Victoria (Au) and required expertise in geotechnical design issues. The matter was heard in the Supreme Court, Victoria.

 

Client Kvaerner Process Australia Pty Ltd briefed by Minter Ellison and Phillips Fox

In this matter the client was in dispute with WMC over design and construction of a copper/uranium smelter at Roxby Downs, South Australia. This work involved examination and detailed analysis in relation to claims metal failure, corrosion and treatment of smelter off-gases.

 

Client Rolls Royce Plc. briefed by Malleson Stephen Jaques

This dispute concerned the design and construction of seven co-generation power plants at the major hospitals in Victoria (known as the Victorian Hospitals co-Gen Project). A private arbitration, the dispute centred upon the performance capacity of power generating equipment – gas turbines, alternators and gearboxes.

 

Asia

Client Nacap

This dispute, heard in Malaysia, concerned the laying of offshore and onshore petroleum pipelines in Sri Lanka. The claims relating to HDD drilling works and time-related issues associated with the pipeline’s construction.

 

Client Transfield Group briefed by Malleson Stephen Jaques.

Arbitration for this matter was conducted by the International Chamber of Commerce (ICC) under the procedural laws of Singapore. The dispute centred on complex issues of geotechnical engineering related to tunnel design, piping design and, contractor’s claims related to time, delay and disruption.

 

Client Toyo Engineering Corporation (Japan) briefed by Baker & McKenzie.

This dispute related to the design and construction of a petrol refinery, with a multiplicity of issues relating to time, mechanical equipment and piping. This dispute was an ICC Arbitration and heard in Singapore (as well as in England and in Canada) with the final jurisdiction the Court of Appeal in Singapore.

 

Client Gibb Australia briefed by Deacons.

This engineering-related claim concerned the design and construction of an aircraft hangar at Nadi Airport, Fiji. The dispute focused on the use of steel and over-engineering of design and construction. Arbitration was conducted in Fiji.


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Areas of Practice

Commercial

  • Building and Construction
  • Contractual Disputes
  • International Commercial Arbitration

Public/Administrative

  • Disciplinary Proceedings
  • Judicial Review and administrative law

Criminal

  • Work Health and Safety

Environment and Planning

  • Mining

International Law

  • International Commercial Arbitration

Alternative Dispute Resolution

  • Arbitrators
  • Expert Determiners
  • Mediators
  • Referees
  • Neutral Evaluators

Areas of Mediation

Commercial

  • Building and Construction

Public/Administrative

  • Judicial Review and administrative law

Environment and Planning

  • Mining

Alternative Dispute Resolution

  • Mediators


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