Lucas Shipway

Solicitor 1999 / Barrister 2009

Background

Lucas Shipway specialises in complex infrastructure and engineering disputes. He regularly appears for private and public clients in disputes in the transportation and resources sectors. He also acts in international arbitrations and general commercial matters, especially product-liability and professional-negligence disputes. He is also regularly briefed in class actions with a construction or infrastructure dimension.

Lucas is recognised as a preeminent junior in construction and infrastructure Australia-wide in Doyle’s Guide and consistently ranked by guides such as the Legal 500 (“Tier 1”), Chambers & Partners and Best Lawyers guides to the bar. Prior to joining the Bar, Lucas was a litigator at Allens in Sydney and at Freshfields Bruckhaus Deringer in London. His wide-ranging experience as a solicitor gives him a useful familiarity with the challenges and priorities for instructors, and an ability to identify quickly how he can best be of assistance.

Lucas is a regular contributor to the Building and Construction Law Journal published by Thomson Reuters and presents seminars as part of Greenway’s CPD programme.

Professional Recognition

  • Doyles Guide Leading Construction & Infrastructure Junior Counsel (Australia) - Preeminent 2022, 2023
  • Doyles Guide Leading Construction & Infrastructure Junior Counsel (NSW) - Preeminent 2022, 2023
  • Chambers & Partners Listing 2022 to 2024 - Construction & Infrastructure Band 2
  • Legal 500 Rankins Tier One Leading Juniors 2022 - Construction, Infrastructure and Property
  • Recognised in Best Lawyers in Australia since 2020 under the categories of Construction/Infrastructure Law

Focus Areas + Select Cases

Arbitration

UNCITRAL arbitration (Australia).

Acted for a manufacturer of consumer goods based in the United States in defending a claim for $17-million.

ACICA arbitration (Australia).

Acting for the principal in a dispute relating to WestConnex, currently the largest infrastructure project in Australia.

ICC arbitration (Singapore).

Acting for Kawasaki Heavy Industries Ltd (Japan) in a dispute with Laing O’Rourke arising from the $50 billion Ichthys gas project in the Northern Territory.

ACICA arbitration (Australia).

Acting for Transport for New South Wales in relation to a dispute arising from the Sydney Metro Northwest Project.

Building & Construction

Hakea Holdings Pty Limited v Denham Constructions Pty Ltd [2016] NSWSC 1120.

A decision that considered whether enforcement of an adjudication determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) should be restrained on the ground that the beneficiary of the determination is insolvent or at substantial risk of becoming insolvent.

Harris v Morabito Holdings [2018] NSWSC 912.

Principles applicable to the adoption of referee reports where claimant only partially successful.

The Owners Strata Plan No 66375 v King [2018] NSWCA 170.

A significant decision of the Court of Appeal regarding the liability of contractors for design defects under ‘construct-only’ contracts.

Ventia Australia Pty Ltd v BSA Advanced Property Solutions (Fire) Pty Ltd [2021] NSWSC 1534.

Whether a payment claim under the Security of Payment legislation may relate to more than one building contract.

Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd [2021] NSWSC 1692.

Directors held liable to repay monies received under the Security of Payment legislation and paid out as dividends.

Other Areas of Practice

Representative (class) actions.
  • Acting for a European manufacturer of aluminium cladding products.
  • Acting for plaintiffs in proceedings arising from Sydney Light Rail.
  • Acting for the owner of the land on which Opal Tower was erected.

Latest News and Cases

Single Apportionable Claims Under The Civil Liability Act 2002
09 Mar 2018
Lucas Shipway
Industrial and Employment
Negligence In Design And Construction: The Impact Of The Contractual Matrix
12 Oct 2016
Lucas Shipway
Class Actions: Recent Trends and Developments
17 Mar 2023
Greenway Chambers
Lucas Shipway
Hernan Pintos-Lopez
Building & Construction
Class Actions in the Construction Sector
18 Mar 2021
Lucas Shipway
Declan Byrne
View All Articles

Enquiries

We accept briefs in all areas of commercial practice and in our barristers' other areas of practice. For further information or advice on our barristers and their availability, fees and areas of practice please contact our Front of House team.

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