Conventus Law

Conventus Law

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Phillip is a partner in the litigation practice and has over 20 years’ experience as a commercial disputes lawyer. Phillip is qualified to practice law in both Australia (1994) and Hong Kong (1999) and has extensive dispute resolution experience, having practised both as a solicitor in Australia and Hong Kong and as a barrister in Australia. Phillip has experience as an arbitrator, having been appointed to the role on several occasions, and is also an accredited mediator of the Victorian Bar. having acted as a mediator or appeared as advocate in over fifty mediations.

Phillip has advised and represented numerous parties to domestic and international arbitration proceedings and multi-jurisdiction litigation proceedings, and has been involved either as instructing solicitor or lead counsel in a number of significant cases in the Courts of Australia and Hong Kong. Many of the cases in which Phillip has acted as advocate have been reported, including McConnell Dowell Constructors (Aus) Pty Ltd v Gas Transmission Services WA (Operations) Pty Ltd & Ors [2007] VSC 301; Alstom Power Ltd v Yokogawa Australia Pty Ltd & Gas Transmission Services WZ (Operations) Pty Ltd & Ors (No.4) [2006] SASC 298; Becon Construction (Aust) Pty Ltd v Richmond Commercial Pty Ltd, County Court of Victoria (Shelton J), 8th September 2010; M B Marlow Engineering v Alliance Constructions Australia & Commercial Industrial Construction Group Pty Ltd [2009] VCC 0832, and C & J Mortgages Pty Ltd v Neville [2009] VCAT 984.

Most recently, Phillip has led a team of lawyers and acted, both as the client's advisor and advocate, for a large Indonesian listed company, in connection with proceedings issued in Indonesia, Singapore and Hong Kong, involving complex procedural and substantive issues, and appeared as lead advocate in a ten-day hearing.

At Stephenson Harwood, Phillip is a member of the firm's commercial disputes practice where his main focus is on domestic and international arbitration and litigation proceedings, with particular and extensive experience acting for clients from construction and engineering, mining, energy, transportation, financial services and technology industries. Given his experience both as a barrister and a solicitor, Phillip is able to offer clients expert advice and support throughout the entire trial process.

Background

Phillip received his LLB (Hons)/Arts (Hons) degrees from the University of Melbourne, and was admitted as a solicitor in Victoria and the High Court of Australia in 1994. Seconded to Hong Kong in 1997, Phillip was admitted as a solicitor in 1999 and admitted as a barrister in Victoria in 2004. Phillip worked in major international firms in Australia and Hong Kong before joining Stephenson Harwood and is a member of the Hong Kong Chartered Institute of Arbitrators and an Accredited Mediator (Australia).

Recent Work

 

  • Acted for Alstom Power Ltd in an application, brought by way of demurrer, to summarily enforce the contractual obligations of a sub-contractor to replace expired performance bonds: Alstom Power Ltd v Yokogawa Australia Pty Ltd & Ors [No.4] [2006] SASC 298.
  • Acted for Gas Transmission Services in relation to pleadings issues concerning agency, estoppel and common enterprise between subsidiary and parent company and ability of the Court to pierce the corporate veil in a corporate structure involving stapled entities: McConnell Dowell Constructors (Aus) Pty Ltd v Gas Transmission Services WA (Operations) Pty Ltd & Ors [2007] VSC 301.
  • Acted for main contractor in security for costs application: M.B.Marlow Engineering v Alliance Constructions Australia & Commercial Industrial Construction Group Pty Ltd [2009] VCC 0832; acted for contractor in proceedings for unpaid progress claims and quantum meruit: C & J Mortgages Pty Ltd v Neville [2009] VCAT 984; acted for owner, defending claims brought by contractor: Di Manno Enterprises Pty Ltd and Anor v Nicholas Murray Architects [2011] VCAT 1236; acted for owner in proceedings brought to enforce indemnities: Clements v Barlow & Anor [2010] VCAT 1211.
  • Part of legal team acting for Leighton Contractors in relation to the redevelopment of Southern Cross Railway Station, one of the largest PPP infrastructure projects undertaken in Victoria, Australia.
  • Acted for Brady Constructions Pty Ltd, a major Victorian domestic builder, in relation to disputes arising out of the construction of a 15 level residential tower in Southbank, Victoria.
  • Acted for Hacer Group, a major commercial contractor, including advising and drafting head contract, sub-contracts and consultancy agreements in relation to the construction of various shopping centres.
  • Appointed Arbitrator in property/leasing dispute in relation to chattels located in Victorian snowfields and environmental issues arising at Mt. Baw Baw following bushfires in 2006/2007.
  • Acted for various parties in Hong Kong, including the Hong Kong Government in relation to claims arising out of the construction/relocation of the Central Piers by Hong Kong ferry companies; acted for Hsin Yieh Architects in relation to issues arising from piling activities in Tin Shui Wai; acted for Hong Kong liquidator in relation to claims arising out of the liquidation of various Hong Kong construction companies.