Dan is a senior construction and infrastructure disputes partner in the Perth Disputes practice.
Having practiced commercial litigation for nearly 30 years, Dan has extensive experience in construction and energy related disputes, as well as land access (native title and environment) and mining disputes.
Dan primarily advises and represents major Owner clients in both the public and private sector, including BHP Billiton, Woodside, Chevron, Federal, State and Local governments and major power and water utilities, as well as Tier 1 construction contractors, including Samsung C&T Corporation and CIMIC.
Dan deals extensively with project disputes in the energy (including energy transition) and mining sectors on some of the region’s largest and most high profile projects. He has extensive experience with arbitration (both international and domestic), litigation, alternative dispute resolution processes such as expert determination, mediation and specifically designed ad hoc expedited processes, as well as adjudications under the Construction Contracts (Former Provisions) Act 2004 (WA) and Building and Construction Industry (Security of Payment) Act 2021 (WA).
Having graduated from the University of Western Australia in 1992 with a Bachelor of Laws, Dan was admitted to practice in the Supreme Court of Western Australia in 1993. He is also admitted to practice in the High Court and Federal Court. He was appointed a partner of Herbert Smith Freehills in 2004.
Dan regularly presents papers at construction industry and legal learning seminars, and is called upon to host construction industry events. He is a member of the Law Council of Australia and Law Society of Western Australia joint committee on Construction and Infrastructure. He is a member of the Society of Construction Law Australia, and the Energy and Resources Law Association. He is also a Fellow of Leadership WA and a board member of Plastic Free Foundation.
Dan is consistently recognised in the Doyles Guide as a Leading Construction & Infrastructure Litigation Lawyer in Perth and Australia.
Experience & expertise
- State of Western Australia in a $300 million dispute with its Managing Contractor, John Holland Pty Ltd and associated litigation concerning the construction of the Perth Children’s Hospital
- International supplier in relation to $400 million dispute concerning the development of a large energy project in Perth
- Confidential client in relation to construction dispute in the Supreme Court of Western Australia concerning a $100 million project at Curtin University
- Major international energy principal in relation to multiple construction disputes arising out of the construction of a major solar farm
- International energy principal in relation to multiple construction disputes arising out of the development of a large energy project in Northern Australia
- Samsung C&T Corporation in significant downstream disputes with Laing O’Rourke on the $10 billion Roy Hill Iron Ore Project, including a major Singapore-seated international arbitration, various payment dispute adjudications and various Supreme Court proceedings, including successfully obtaining a mandatory interlocutory injunction for the return of critical materials and equipment
- A major power utility in relation to two adjudication applications, and subsequent disputes relating to the ownership of major equipment supplied to the project, arising out of the collapse of the Forge Group. The adjudication applications were dismissed and a successful settlement reached on the ownership dispute
- A Major State Government Trading Entity in relation to construction and procurement disputes arising out of a major infrastructure project (which included advice on various claims from its contractor and prosecuting injunction proceedings under section 46 of the Energy Operators (Powers) Act 1979)