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Stewart McWilliam

Stewart McWilliam

Senior Associate

Stewart practices in litigation and arbitration with particular expertise in construction disputes.

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Experience

Stewart has been practising in commercial dispute resolution and international arbitration for over 10 years. He has a particular focus on contentious infrastructure, building and construction disputes and project dispute resolution in the energy and resources sectors.

Stewart is experienced in all key forms of alternative dispute resolution and has a strong understanding of the building and construction industry. In addition, he regularly advises on international contracting issues, including international dispute resolution, enforcement and risk allocation in international contracts.

Stewart has a wide variety of commercial dispute resolution experience, having worked on matters including:

  • litigation and arbitrations involving complex contractual disputes
  • significant construction disputes involving delay claims, time bars, variation claims, liquidated damages claims and calls on security
  • disputes between power utilities, contractors, suppliers and customers in relation to infrastructure projects
  • the resolution of project-related disputes, involving property, leasing, planning and native title issues

Stewart also provides strategic advice to clients involved in, or anticipating, disputes in respect of:

  • a wide variety of Australian and international commercial contracts, from common standard form contracts to complex bespoke contracts
  • tender process and administrative law matters
  • international contracting issues, including advice on the drafting of dispute resolution clauses, enforcement of foreign judgments, international arbitration matters and choice of law and jurisdiction decisions

In 2020 and 2017, Stewart was listed as a Rising Star in Australia for Construction & Infrastructure by Doyles Guide.

Relevant recent experience includes:

  • acting for Samsung on the $10 billion Roy Hill Iron Ore Project, including in relation to a significant SIAC arbitration, various adjudications under the Construction Contracts Act 2004 (WA) and a number of Supreme Court and Court of Appeal proceedings
  • acting for a global mining company in an arbitration to recover cost overruns from a contractor in relation to the construction of mining infrastructure
  • seeking, and resisting, urgent interlocutory injunctions for clients across a number of sectors, including injunctions to require the return of materials and equipment, obtain access to land and prevent calls on security
  • acting for an international EPC contractor to defend numerous claims brought by subcontractors on a large resources project
  • acting for an engineering and mining services group in respect of disputes with a subcontractor relating to variation and delay claims

 

Background

Stewart joined the firm in 2008, after graduating from the University of Western Australia with a Bachelor of Laws (with Distinction) and Bachelor of Commerce (with majors in Corporate Finance and Financial Accounting). He is admitted to practice as a barrister and solicitor in Western Australia and in the Federal and High Courts of Australia. 

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