Our people

David was admitted as a solicitor in 1985 and has since that time practiced extensively as a litigator, problem solver and strategist in commercial and complex construction and engineering disputes.

During his career David has acted for a variety of banks, insurance companies, corporations, liquidators, construction companies, developers, major mechanical, fire, electrical engineering, civil and dredging contractors and subcontractors in a range of jurisdictions across Australia.

As an experienced and conditioned litigator, David is skilled in the management of large scale and complex litigation and in the efficient and cost effective management of project support teams in that litigation.

David is also well experienced and seasoned in all forms of structured and unstructured alternative dispute resolution including formal and informal negotiations, mediations, expert determinations, reference hearings, arbitrations, Supreme Court and Federal Court proceedings and disputes involving ICC International Commercial Arbitration processes.

David is a regular presenter and educator to members of peak industry groups and clients and professional bodies in construction, engineering and related industries and provides training in contract and risk management in NSW, Queensland and South Australia.

Currently David is a member of the Law Society of NSW, Society of Construction Law of Australia, Master Builders Association of NSW and the Australian Centre for International Commercial Arbitration as a well as a director of various not-for-profit organisations.

In addition, David is experienced in the development and substantiation of complex and engineering claims and has a particular interest and expertise in time related claims for delay, disruption and acceleration. David regularly acts for clients in major claims under The Building and Construction Industry Security of Payments Act 1999 (NSW) and corresponding legislation throughout Australia and New Zealand.

Experience/Recent Highlights

• Complex Owners Corporation defect claims;
• Off shore infrastructure facilities in the value of $400 million;
• $1 billion power station in Queensland;
• NBN rollout and data centres;
• Shopping centres;
• Mining camps, ports, major dredging projects and resources infrastructure;
• Residential developments and contaminated land;
• Defence of Workcover prosecutions for industrial accidents involving fatalities;
• Electrical installations and Accredited Service Provider disputes in relation to contestable electrical works;
• Major hospitals, casinos, underground cabling, waste treatment plants and causeway construction;
• Telecommunications projects in excess of $400 million and ticket of work projects;
• Mechanical services disputes; and
• Advising on major construction commercial and infrastructure contracts ranging in value from $2 million to $400 million.

Johnathan is a lawyer with a unique background focused on building and infrastructure projects. He provides succinct and targeted advice, and his commercial background enables him to understand the priorities of his clients.

For two years, Johnathan was an in-house corporate lawyer for a tier 1 international infrastructure contractor with a major presence in the Australian road and rail sectors. During this time, Johnathan provided support to delivery teams as a project lawyer in the construction of two major landmark Sydney Metro rail projects.

In that role Johnathan provided support and education on head contract and subcontract administration, negotiated subcontract terms with preferred tenderers, updated subcontract terms to reflect legislative developments, responded to subcontractor delay and variation claims, audited commercial management’s compliance with head contract requirements, drafted upstream extension of time and variation claims and provided strategic advice on interface and environmental risks.

Further, Johnathan has experience in government procurement, having assisted bid teams with the preparation of tender submissions for major infrastructure projects, drafting and implementation of probity plans and the management of subcontractor compliance.

Johnathan also has a strong background in construction disputes, having been involved in litigation in the NSW Supreme Court and Civil and Administrative Tribunal (NCAT), as well as adjudication proceedings commenced in NSW under the Security of Payment Act with values in dispute ranging from $350,000 to $50 million.

Johnathan’s depth of experience and understanding of the commercial issues faced by market participants make him a trusted strategic advisor in the construction sector.

Prior to his admission as a lawyer, Johnathan was a paralegal in a construction and engineering law firm for five years. Johnathan holds a Bachelor of Laws and a Bachelor of Business majoring in Finance (with distinction) from the University of Technology Sydney.

Experience/Recent Highlights

• Project lawyer for head contractor during delivery of $1.1 billion Sydney Metro station;
• Project lawyer for head contractor JV during delivery of $250 million Sydney Metro rail corridor;
• Adjudication proceedings and further subsequent mediation on major Sydney infrastructure project with circa $50 million in dispute;
• The provision of regular education to key stakeholders across Australia on Security of Payment legislation;
• Adjudication response for head contractor on international Sydney private school project with circa $400,000 in dispute;
• Adjudication application for formwork subcontractor on major Sydney educational facility and amenities with circa $4 million in dispute;
• Adjudication application in relation to an extension of time claim on Sydney residential development with circa $350,000 in dispute.

John is a senior lawyer with experience assisting engineering and construction businesses across Australia. He has provided advice about projects like the Ichthys LNG onshore facility, the WestConnex motorway, the NSW electricity transmission network and CBD tower buildings and a landmark site on Sydney Cove. He has managed construction and commercial litigation in most Australian jurisdictions.

John’s expertise lies in contractual negotiation, compliance, asset transactions up to $130m, procurement processes, contract administration advice, security of payment claims. construction litigation, site acquisition, regulatory compliance, WHS and environment.

John has a wealth of experience in house in the private and public sectors as well as in legal practices.

Experience/Recent Highlights

• Business structures and restructures
• Landmark construction project on Sydney Cove
• Contract administration and claims about and construction of a LNG facility;
• Managing $400 million compensation disputes about corridor acquisitions for the WestConnex Motorway and the Sydney Metro.
• Managing the legal function of TransGrid which builds, owns, maintains, and operates the electrical transmission network in NSW and the ACT.
• Procuring assets up to $130 million, assisting with project delivery, establishing procedures for contract negotiation and execution; reviewing bids and analysing risk for the procurement of services and assets.
• Reviewing and drafting agreements including Australian standard form agreements, process contracts, confidentiality agreements, consultant agreements, project management agreements, invitations to tender and the like.
• Reviewing and drafting contract administration documents, like payment claims, claims for and change orders and EoT, innovations, variations, and rescissions.
• Negotiating variations to a fixed-price contract to allow milestone payments for a construction project delayed by discovery of contaminated groundwater, saving $27 million in time and cost claims.
• Site aggregation for Kawana Shopping world, development of “Mariner’s Peninsula”, divestment of the Cairns International Hotel, structuring of Quay West Brisbane & Sebel Maroochydore, management & operations advice about Sebel, Brisbane.
• Site acquisition, construction contracting and/or administration for Festival Towers, Charlotte Towers, Casino Towers & broadacre residential projects.
• Negotiating compensation claims by businesses displaced by the WestConnex and Sydney Metro projects
• Advising and settling construction disputes including a claim about defective design of a 3.5km tunnel under Sydney’s CBD and a $37 million dispute about land acquired for Sydney’s main electricity substation.

Admitted in 2006, Richard is a highly experienced lawyer with experience in multiple areas of law, having had carriage and responsibility for the conduct and supervision of all kinds of litigation matters at all court and tribunal levels including the High Court of Australia.

Richard has conducted various matters in commercial litigation including building and construction related disputes, corporation disputes, equity, and related matters. He has also had conduct of administrative law, environmental law, employment, criminal law, defamation and family law matters.

Richard has acted for large multinational NYSE listed clients including Detroit Diesel (Daimler) involving large scale projects such as power supply/generation and related services for the likes of Chevron, and the Mercedes-Benz Group. He has acted in relation to large scale technology and related firms, the likes of Fiserv and KKR (Kohlberg Kravis Roberts).

Richard has appeared pro bono for various individual clients and was a regular contributor to the NSW Bar Association’s Pro Bono Scheme during his 10 year tenure as a barrister.

Early in his career at the Bar, Richard was a headnote reporter for the Australian Corporations & Securities Reports Law Books and he has published and edited various literary works.

Richard was the treasurer for lawyers’ Thomas More Society for seven years, was the president of the Liberal Party’s Marsfield branch (Attorney General Greg Smith’s branch) during Mr Smith’s tenure, taught taxation law at undergraduate level, and started his working career as a software developer prior to coming to the law. He is fluent in Farsi (Persian), Assyrian (Syriac/Aramaic) and has an understanding of Arabic as well as Latin.

Richard has a flexible style of solving problems, who will try to find the most cost-effective solution to any legal problem and has always been recognised as a commercially minded lawyer.

Richard holds a Bachelor of Laws and a Master of International Law.

Experience/Recent Highlights

• • Appearing at all court levels including appellate courts, throughout the Australian jurisdiction.
  • Acting in relation to complex merger and acquisition matters
  • Acting in relation to complex building, construction and technology matters, including telecommunications, energy, and large–scale engineering matters
  • Acting in relation to matters involving questions as related to the setting aside of subpoenas, summary disposal of proceedings and process amendments, including strike outs, e.g. http://classic.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2021/374.html & http://classic.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2012/1224.html
  • Acting in relation to various transfer of proceedings and forum conveniens matters, Corporations Act matters, liquidation and administration matters, and insolvency matters, and corporate examination proceedings, and related matters e.g. http://classic.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2014/159.html
  • Acting for medical practitioners in disciplinary proceedings including dentists, GPs and emergency doctors. Generally consulting on matters in various proceedings involving medical and pharmacological disputes.

   

   

   

   

Tristan has over 16 years’ experience as a solicitor with postgraduate qualifications in Energy and a Master of Laws. He has worked across top tier law firms and in-house within ASX and internationally listed companies.

Energy, construction, property and planning law are Tristan’s areas of specialty. His clients include energy companies, developers, builders and contractors, providing full service end-to-end legal advice to his clients. This includes preparing and negotiating contracts, contract reviews and assisting with contract management. He also provides advice relating to planning and approvals, conducts planning appeals and defends planning prosecutions.

Tristan is an articulate communicator and public speaker, capable of conveying complex concepts in a clear, calm and engaging manner. He continuously enhances his professional knowledge, contributing to thought leadership and industry best practices. He applies a commercial big picture mindset alongside strong attention to detail.

Experience/Recent Highlights

• Provided advice relating to the purchase of a 400MW+ solar development resulting in a restructure and achieving project life-cycle operational savings of $10s of millions;
• Conducted due diligence review of legal agreements for a 5GW+ wind, solar and green hydrogen development;
• Prepared and negotiated contracts for energy companies including PPAs, retail energy contracts, connection agreements, tenders, and construction contracts;
• Advised leading energy infrastructure and gas pipeline owners and operators relating to infrastructure corridors;
• Prepared energy contracts for developers and embedded network providers on high-rise developments totalling 300 kWp generation and 100 kWhr battery storage totalling over 300 apartments;
• Acted for major shopping centre owners, developers and strata companies relating to solar and BESS installations, charging stations, on-selling, and grid connection;
• Successfully defended planning prosecution by local government saving clients over $400,000 in infrastructure costs and consultancy fees and a criminal conviction;
• Prepared and negotiated over 100 land sale contracts for sellers and buyers (including local governments) with land values between $5 million and $300 million including shopping centres, greenfield and brownfield development sites, pastoral stations and office buildings;
• Acted for major oil and gas company relating to the development of highway service centres; and
• Prepared and negotiated bespoke 50-year leases and a management agreement on behalf of a local government relating to the joint development of a new sport and recreation centre and AFL training oval with a development value over $100 million.

Estelle is a highly skilled, solution driven construction and commercial lawyer.

Before joining Kreisson, Estelle worked as a commercial litigator in mid-tier and boutique firms where she acted in a wide range of matters including building and construction disputes and other commercial disputes such as director and shareholder disputes, insolvency and workplace and safety law.

Estelle now focuses on construction law and advises builders, contractors and subcontractors, developers and consultants on all aspects of building and construction projects including Security of Payment matters and building defect cases, representing contractors as well as owners (including owners corporations) in large scale construction disputes.

With extensive experience in diverse commercial and construction disputes and fluency in Korean, Estelle brings a unique set of skills to provide practical and commercial solutions for clients. She is committed to efficiently resolving complex disputes.

Experience/Highlights

• Acting in a multi-party Supreme Court residential building defect proceeding
• Acting for a mining and engineering company in a multi-million dollar shareholders dispute
• Acting for a national gas distributor against a trade union
• Advising a superintendent in a large residential project in South Australia
• Acting for businesses (including businesses in the building industry) in restraint of trade matters
• Acting in Land and Environment Court planning disputes

Giselle’s journey in the legal profession has been marked by significant milestones and diverse experiences. Admitted in 2015, she initially spent three years working on banking and finance legal matters before transitioning to property law where she prepared and revised contracts, negotiated contract terms with stakeholders, and managed the purchase and sale of a wide range of real estate properties.

In addition, Giselle worked at a strata and construction firm in a range of complex dispute and litigation matters.

Giselle has advised Owners Corporations, Builders, and Developers in legal proceedings involving defects, contractual disputes, and compliance matters. She has experience in alternative dispute resolution, including mediation, and has achieved cost-effective solutions. She has extensive expertise in the preparation of detailed and effective settlement deeds.

In practice, Giselle simplifies complex matters for her clients, ensuring that they understand their legal and commercial position. Giselle’s commitment to a thorough approach to legal problem-solving is exemplified in her unwavering focus on delivering successful outcomes and tailored solutions.

Experience/Recent Highlights

• Representing owners corporations in building defect claims before the NSW Civil and Administrative Tribunal and NSW Supreme Court.
• Handling building defect claims for builders in the NSW Civil and Administrative Tribunal.
• Advising owners corporations on building defects and insurance claims, legal remedies, and relevant limitation periods.
• Providing advice to owners corporations, builders, and developers on the Home Building Act 1989 and the Design & Building Practitioners Act 2020.
• Assisting clients with contract negotiations, Fair Trading disputes, and HBCF insurance claims.
• Advising stakeholders on the bond scheme and Project Intervene.
• Advising owners corporations on strata matters, including the duties and obligations of a strata scheme.
• Participating in alternative dispute resolution methods, including mediation.
• Advising on and drafting settlement deeds.

Qualifications/Memberships

• Juris Doctor (University of Technology Sydney)
• Member of the Law Society of NSW

Since her admission in 2021, Gretel has been assisting builders, strata managers, owners corporations, and individuals in navigating complex legal proceedings and settlements.

Assisting companies and individuals navigate their way through the realm of construction law is a passion of Gretel’s. At Kreisson, Gretel has concentrated on providing legal advice and representation in a range of construction law disputes and enquiries, including matters involving defect claims, contractual disputes, and regulatory compliance. Gretel has also developed a practice in the area of strata law, guiding owners corporations and strata managers through strata focused disputes and issues.

Throughout her time at Kreisson, she has developed hands-on experience representing clients in courts, tribunals, and through alternative dispute resolution methods such as mediation, ensuring her clients are well-supported and well-informed through every stage of the process.

Experience/Highlights

• Appearing before the NSW Civil and Administrative Tribunal, District Court and NSW Supreme Court representing her clients in building defect claims.
• Providing advice to her clients on building defects, relevant limitation periods, the evidence that needs to be gathered and on the Home Building Act 1989 and the Design and Building Practitioners Act 2020
• Preparing an application to ACICA for expedited arbitration for a tier one subcontractor
• Advise and run adjudications for owners and builders under the Building and Construction Industry Security of Payment Act 1999 (NSW)
• Advising owners corporations on strata matters, including the duties and obligations of a strata scheme
• Representing owners corporations at the NSW Civil and Administrative Tribunal in proceedings seeking the appointment of a compulsory strata manager
• Participating in alternative dispute resolution methods, including mediation.
• Advising on and drafting settlement deeds.

Jacob was admitted as a solicitor to the Supreme Court of NSW in August 2023, following the completion of a Bachelor of Accounting and a Bachelor of Laws from Western Sydney University.

Before joining Kreisson, Jacob worked at a boutique law firm that specialised in building and construction law, where he gained valuable experience in construction litigation and dispute resolution. He enjoys working with clients on both front and back-end matters, helping them navigate complex legal issues that arise during construction projects.

In his spare time, Jacob enjoys spending time with his family, listening to podcasts, and participating in or watching various sports, including rugby league and basketball.