Profile

Stewart has broad experience in providing advice and advocacy for proceedings in the superior courts of Australia and in arbitral proceedings.  A selection of past and ongoing cases in which Stewart has been briefed is set out below.

Energy & resources / building & construction disputes

Arbitral matters

• A major infrastructure provider – in a multi-party expert determination concerning fees payable in relation to a $1 billion infrastructure upgrade project (instructed by Quinn Emanuel)
• A global resources company – in a multi-party long-term contract pricing clause arbitration (instructed by Allens)
• McConnell Dowell – in proceedings to set aside an arbitral award relating to a building & construction dispute on a large LNG project (instructed by Pinsent Masons)

Court matters

• MIM/Glencore – acting in Supreme Court proceedings involving a claim relating to lead contamination (instructed by Allens)
• Anglo American – acting in Supreme Court proceedings involving claims for variations and delays concerning the construction of two mine drifts using a Earth Pressure Balance Tunnel Boring Machine under an Incentive Based Cost Reimbursable Contract (instructed by Minter Ellison)
• Acting for BHP-Mitsubishi Alliance (BMA) in a claim for compensation for over $100m concerning an alleged lost commercial opportunity (instructed by Allens)
• Acting for New Hope Corporation in Land Court proceedings for recommendations for the grant of a mining lease and environmental authority for its New Acland mine (instructed by Clayton Utz)
• Adani Australia  – resisting various judicial review challenges to mining and environmental approvals in the Supreme Court of Queensland, Federal Court and Full Federal Court (instructed by Ashurst)
• Providing advice in relation to a joint venture dispute for a multi-billion dollar LNG project (instructed by Boies Schiller Flexner (London))
• Anglo American – acting in a major contractual dispute with two power station customers (instructed by Gilbert + Tobin)
• Appearing for the plaintiff in an eight week building & construction trial in the Supreme Court of Queensland involving claims for variations, extensions of time and liquidated damages concerning construction for the Wiggins Island Coal Expoert Terminal, and in related appeals (instructed by Thomson Geer)
• A private equity firm – appearing for the defendant in Supreme Court proceedings relating to a dispute about the construction of a hotel (instructed by Thomson Geer)

Insolvency and restructuring matters

• Presbyterian Church of Queensland – acting for Court-appointed receivers in complex receivership (instructed by Allens)
• Rivercity Motorway Group  – acting for liquidators in Federal Court proceedings for advice and complex directions (instructed by Johnson Winter & Slattery)
• Deed Administrators – resisting an application to terminate a Deed of Company Arrangement in the Federal Court (instructed by Clayton Utz)*
• Acting for priviate equity firm in Scheme of Arrangement proceedings in relation to a publicly listed company on the ASX (instructed by PricewaterhouseCoopers Legal)
• Acting in Supreme Court proceedings to resist an unfair preference claim (instructed by James Conomos Lawyers)

General commercial disputes

• Acting for waste management company in judicial review proceedings concerning a challenge to a ministerial call-in notice (instructed by Gadens)
• Acting for plaintiffs in 5 day trial in oppression proceedings in Federal Court of Australia (instructed by Holding Redlich)
• IBM – acting in Supreme Court proceedings brought by the Queensland Government relating to the implementation of an updated Queensland Health Payroll system (instructed by Jones Day)
• Airservices Australia – acting in Supreme Court proceedings brought by the Brisbane Airport Corporation relating to alleged environmental contamination from PFAS chemicals in fire-fighting foam (instructed by Maddocks)
• Liquidators of companies in the Octaviar Group – acting in relation to a large and complex claim for damages against a firm of auditors (instructed by Clayton Utz)
• Sunland Group – acting in Supreme Court proceedings for damages arising from land transactions in Dubai (instructed by Holding Redlich)
• Sunland Group – acting in a series of related applications and appeals concerning a large multi-stage mixed use development on the Gold Coast, including in a successful application to set aside infrastructure charges notices which resulted in the Queensland government introducing legislative changes  (instructed by Holding Redlich)
• Queensland Sugar Limited – acted in an oppression action brought by Wilmar Sugar (instructed by Allens)