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					           building &
           Construction




from start
    to finish
OWNERS  CBD • SuBurBan • rural • reSiDential
          DEVELOPMENT multi unit • multi purpoSe • fin                                                        BUILDER
DISPUTE RESOLUTION
 LOCAL GOVERNMENT                                    DEVELOPERS
                                             CommerCia


   From commencement to completion - Russell Kennedy offers legal support across
   every aspect of your project from early planning and environmental issues, to contract
   documentation and dispute resolution.
   To	complement	these	services	and	provide	you	with	whole	of	project	legal	support,	our	team	also	has	expertise	in	property,	
   banking	and	finance,	workplace	relations	and	occupational	health	and	safety.


   Our	involvement	from	the	project	inception	can	be	your	
   best	protection.                                                   WE	KnOW	WhAT	WE’RE	
   Our	clients	include	builders,	developers,	insurers,	councils	
   and	water	businesses.		We	provide	legal	services	in	relation	
                                                                      TaLkInG abouT
   to residential and commercial developments, infrastructure         Russell	Kennedy	lawyers	understand	the	building	
   projects	and	aged	care	facilities.                                 and construction sector. Many of our lawyers are
                                                                      Law Institute of victoria accredited Specialists.
   we listen to your needs and provide practical advice to try
                                                                      we understand the commercial, industrial and political
   and	avoid	disputes	where	possible.		If	you	find	yourself	in	a	
                                                                      landscape in which you operate.
   dispute, we work to resolve it efficiently and effectively.
                                                                      Our	lawyers	combine	with	other	industry	
   We	can	be	your	one	source	of	legal	support	for	the	entirety	
                                                                      participants to present workshops and other
   of	your	project.		Our	extensive	experience	is	showcased	
                                                                      learning	opportunities	for	industry	members.	
   below:	legal	services	“from	start	to	finish”.
                                                                      we are supporters of the national association
                                                                      of women in Construction.




   ProPerTY anD DeveLoPMenT                                         CoMMerCIaL, DeveLoPMenT
   we support clients across the entire spectrum of property        & SPeCIaLIST fInanCe aDvICe
   issues and with respect to all types of assets, including
   CBD,	suburban	and	rural	property.		Whether	you	seek	legal	       we can assist with the preparation and review of finance
   advice	on	complex	major	projects,	property	development,	         documents	(which	typically	involve	tri-partite	deeds	with	
   joint	ventures,	project	management,	sale	and	purchase	of	        builders,	contractors	and	financiers)	and	joint	venture	
   land,	subdivision	or	owner’s	corporation	issues,	we	can	         development agreements. we cover all facets of finance
   assist. we also advise on all aspects of development, sales      and security documents connected with development
   and	pre-sales,	mortgagee	sales,	easement,	covenant	and	          projects.
   adverse possession issues, commercial leasing, Crown land
   issues, planning, and environmental, heritage and local          ConTraCT aDvICe, DrafTInG
   government issues, as well as compulsory land acquisitions       anD rISk ManaGeMenT
   and compensation.
                                                                    We	have	experience	with	all	significant	standard	form	
   PLannInG, envIronMenTaL                                          contracts and have standardised special conditions
                                                                    for most contracts, including commercial and
   anD waTer Law                                                    residential development contracts, civil works contracts
   russell kennedy is a recognised market leader in planning        and consultancy agreements. we have developed
   and environment law, including issues relating to                packages of standard tender and contract documents for a
   natural	resources	and	heritage.		We	have	acted	in	major	         variety of clients.
   development matters incorporating strategic planning             russell kennedy can also assist you in negotiating your
   and	re-zonings,	and	provided	advice	and	representation	          commercial arrangements.
   in	all	aspects	of	planning	and	building	proposals,	
                                                                    we deliver plain english documentation which provides
   including representation at the victorian Civil and
                                                                    a	reasonable	balance	between	the	interests	of	parties.		
   Administrative	Tribunal.
                                                                    We	seek	to	be	involved	from	the	start	of	the	project	in	
   Our	specialist	water	law	team’s	work	includes	industry	          order	to	protect	our	client’s	interest	through	appropriate	
   reform,	major	infrastructure,	governance,	waste	re-use	and	      documentation.
   pricing issues.
RS INSURERS FINANCIERS
 nanCierS
          CONSTRUCTION
 al major projeCtS • ageD Care


     workPLaCe reLaTIonS anD                                            CoulD thiS apply
     oCCuPaTIonaL HeaLTH & SafeTY                                       to you?
     russell kennedy provides advice on all aspects of
     workplace relations in the construction sector and related         The Developer
     areas, including drafting and interpreting employment
     contracts, enterprise agreements and workplace policies.           for our development of a high density residential
     we also advise on the termination of employment and                site	 near	 the	 Melbourne	 CBD,	 Russell	 Kennedy	
     taking disciplinary action, responding to trade unions
                                                                        assisted us to navigate heritage overlays with the
     and workplace investigations. we advise and represent
     employers in legal proceedings.                                    removal of restrictive covenants. This process
                                                                        involved appearances at the victorian Civil
     Our	firm	advises	building	owners,	developers,	engineers,	
     builders	and	contractors	about	occupational	health	and	            Administrative	 Tribunal	 and	 meetings	 with	 the	
     safety	obligations.		We	assist	employers	during	accident-          local council to negotiate their requirements for
     related investigations and prosecutions, workplace dispute         the	section	173	agreements.		Russell	Kennedy’s	
     mediation and structured training on workplace issues.             knowledge	of	the	various	types	of	new	building	
     SeCurITY of PaYMenTS                                               covenants helped us find a solution which
                                                                        would	 satisfy	 the	 project	 requirements	 and	
     russell kennedy provide advice on issues relating to the
     Building and Construction Industry Security of Payment             council’s	 requirements.	 	 Once	 planning	 permits	
     Act	(and	corresponding	legislation	in	other	jurisdictions),	       were achieved, russell kennedy prepared the
     including advising on claims made under the act and                suite	 of	 contracts	 (including	 the	 sub-contracts	
     preparing contractual provisions to address the implications       and	 consultant’s	 agreements)	 for	 the	 call	
     of the act.
                                                                        of	 tenders	 and	 our	 project	 was	 underway.	     	
     reGuLaTorY ISSueS/TrIbunaLS
     Russell	Kennedy	has	extensive	experience	in	both	                  The Builder
     prosecuting	and	defending	breaches	of	the	Building	
     Act	and	the	Building	Regulations,	including	breaches	              We	 had	 been	 awarded	 the	 contract	 for	 the	
     for	building	without	a	building	permit,	compliance	with	           construction	 of	 a	 multi-use	 development	 in	
     building	orders	and	advising	building	surveyors	(including	
                                                                        the	 outer	 suburbs.	 	 We	 were	 concerned	 with	
     municipal	building	surveyors)	about	their	roles	and	
     responsibilities.                                                  extensive	proposed	amendments	to	the	standard	
                                                                        terms	 of	 the	 AS-4000	 form	 of	 contracts,	
     DISPuTe reSoLuTIon                                                 including severe limitation on the entitlement
     we are committed to a strategic use of litigation to either        to	 extension	 of	 time	 claims.	 	 Russell	 Kennedy	
     pursue	or	defend	your	interests.		We	use	pre-litigation	           advised us of the risks under the contract and
     dispute	resolution	initiatives	where	possible	and	where	it	
                                                                        made suggestions of changes to reduce that
     is	in	the	client’s	best	interests	to	do	so.		We	seek	to	resolve	
     disputes	in	the	most	practical	and	best	-	effective	manner.		      risk. russell kennedy negotiated those changes
     Our	lawyers	represent	clients	in	all	courts	and	tribunals	and	     on	our	behalf.		During	the	course	of	the	project	
     are	experienced	in	alternative	dispute	resolution	processes	       the superintendent attempted to deny us our
     such	as	mediation,	arbitration	and	expert	determination.           entitlements under the contract. Having russell
                                                                        Kennedy	 to	 talk	 to	 and	 to	 confirm	 our	 next	
                                                                        course	 of	 action	 helped	 to	 lessen	 our	 exposure	
                                                                        to loss under the contract. Practical completion
                                                                        was achieved and the Principal did not pay
                                                                        the	 claim	 certified	 by	 the	 superintendent.	 	 Our	
                                                                        lawyer	 had	 been	 kept	 informed	 of	 the	 legal	
                                                                        issues	throughout	the	project	enabling	us	to	act	
                                                                        quickly to assert our rights under the contract.
a DIfferenT kInD of Law fIrM
Russell Kennedy is a Melbourne-based law firm and                     •	 Quality	documentation	which	is	accurate,	concise	and	
part of the national Kennedy Strang Legal Group. In                      easy to read.
existence for more than a century, Russell Kennedy                    •	 Cost	effectiveness,	which	is	reflected	in	the	fees	we	
offers a comprehensive range of commercial legal                         charge	and	includes	flexible	fee	structures,	fixed	fees	
services to its clients. The firm consists of more                       and options relating to volume discounts and schedule
than 190 personnel, 83 of whom are qualified legal                       of rates.
practitioners. We are the perfect size to effectively
manage large or complex matters, while at the same                    •	 The	use	of	technology	to	better	manage	high-volume	
time delivering personal and prompt service.                             documentation.
our approach to the provision of legal services emphasises:           •	 Access	to	a	national	and	international	network	of	law	
                                                                         firms.	Russell	Kennedy	is	a	member	of	the	Kennedy	
•	 Providing	reliable,	expert	and	responsive	service	tailored	           Strang	Legal	Group,	an	affiliation	of	independent	state-
   to your specific needs.                                               based	firms	formed	to	service	the	needs	of	local	and	
•	 The	right	mix	of	seniority	for	the	project.		Experience	tells	        national clients. The kennedy Strang Legal Group is
   us which matters require senior resources and which can               affiliated with the International alliance of Law firms,
   be	adequately	administered	by	more	junior	members	                    a	global	network	of	over	50	firms,	including	firms	in	
   of staff. we do not use unnecessary teams of lawyers,                 London, new York and Hong kong.
   unless a matter warrants it.




ConTaCT DeTaILS
           Demetra Giannakopoulos,                                        Michael Main,
           Special Counsel                                                Principal
           Tel: 03 8602 7216                                              Tel: 03 9609 1622
           email: dgiannakopoulos@rk.com.au                               email: mmain@rk.com.au



Building & Construction Team



           Andrew van Ingen,                             Marika Hubble-Marriott,                     Rob Ewing,
           Principal                                     Principal                                   Principal



           Ian Pridgeon,                                 Damian Neylon,                              Sebastian Saccuzzo,
           Principal                                     Principal                                   Principal



           Wai Hwoon Low,                                Kathryn Elleman,                            Paul Ronfeldt,
           Principal                                     Principal                                   Principal



           Leonard Warren,                               Ben Lloyd,                                  Ragu Appudurai,
           Principal                                     Principal                                   Special Counsel



           Paul Somers,                                  Stephanie Lecouvey,                         Suzanne Mitchell,
           Senior associate                              Solicitor                                   Solicitor




LeveL 12, 469 La Trobe STreeT, MeLbourne vIC 3000 Po box 5146aa, MeLbourne vIC 3001 Dx 494 MeLbourne
P. +61 3 9609 1555 F. +61 3 9609 1600 E. info@rk.com.au W. www.rk.com.au

				
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posted:4/8/2010
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