Tom Kearney
Special Counsel, Melbourne
I have expertise and experience in advising on both front-end and back-end aspects of major construction and infrastructure projects across Australia. I act for principals, developers, contractors and government clients on a wide range of matters, including contract negotiation and formation, contract review, project delivery advice, and dispute resolution.

I have a particular focus on litigation and other forms of dispute resolution including extensive experience with the relevant security of payment legislation in all Australian jurisdictions. I frequently provide ongoing advice and guidance during project delivery, including assisting with the preparation of contract correspondence to mitigate risk. I am experienced acting in relation to the delivery of various large infrastructure projects and the timely resolution of disputes on such projects.

I enjoy working collaboratively with clients and project teams and am known for being responsive, solutions-focused and invested in the success of the projects I support.

Career highlights

  • Security of payment: I regularly act for principals, head contractors and subcontractors to initiate and defend claims under security of payment legislation and in subsequent litigation and interlocutory applications.
  • Arbitration and expert determination: I have acted in numerous arbitrations and expert determinations in the road, mining, health and education sectors.
  • Victorian Government: Acted on a number of matters, including on the delivery of health, education and transport infrastructure by way of PPPs and other contractual models.
  • Builders: Acted for the builders on a range of issues on some of Australia's biggest PPP projects, including the West Gate Tunnel PPP, the Westconnex New M5 PPP and the WestConnex Stage 4A PPP.
  • Leighton Abigroup Joint Venture: Investigation of and preparation of pleadings in large and complex Supreme Court litigation pertaining to the Gateway Upgrade Project in Queensland.
  • Siemens: Providing advice regarding upstream and downstream disputes on large energy projects.
  • Wiggins Island Coal Export Terminal Pty Ltd: Providing advice in one of the largest construction disputes seen in Australia with Monadelphous Muhibbah Marine JV. The dispute involved multiple Supreme Court proceedings and the largest single claim to be run through the security of payment legislation to date.
  • Grocon Constructors: Part of the team acting for Grocon concerning the 150 Collins Street project in Melbourne (14 level, 20,000 square metre office and retail building) which included multiple adjudications, several separate Supreme Court proceedings and an appeal to the Court of Appeal.