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Expertise

Christine is a disputes partner in the Construction & Infrastructure Group with more than 15 years’ experience as a construction and commercial litigator. Christine acts in disputes across residential, commercial and infrastructure asset classes.  Christine is the editor of our fortnightly newsletter for professionals in the residential building sector in NSW, Residential Focus.

As the panel relationship partner (alternate) for the NSW Government practice, Christine has an overview of the firm's NSW government practice and coordinates conflicts compliance and reporting. Christine is responsible for the annual government lawyers’ day conference hosted by the firm, as well as editing the fortnightly newsletter, NSW Government Bulletin.

Christine is also a member of the Sydney Children’s Hospitals Network Human Research Ethics Committee. 

Experience

Christine's experience includes:

Residential

  • acting for owners, owners corporations and builders in residential building disputes including contract disputes and claims for breach of statutory warranty in the NCAT jurisdiction
  • acting for home owners and inspectors in disputes over negligent performance of pre‑purchase inspections
  • acting for a local council in relation to the enforcement of fire safety orders affecting a residential high rise building
  • acting for a nationwide building material and machinery manufacturer and supplier in relation to warranty claims by consumers, including in circumstances where technical staff were used as experts in proceedings to which the manufacturer was not a party
  • advising a television production company behind a national lifestyle show regarding Home Building Act compliance
  • advising home building professionals on Home Building Act compliance
  • advising developers in the charities sector regarding Home Building Act compliance
  • advising subdivision developers on Home Building Act issues affecting project structuring
  • running a substantial practice:
      • acting for the statutory insurer in proceedings for the recovery of home building insurance payments, including significant claims against high profile contractors and developers
      • acting for the statutory indemnifier in relation to home warranty insurance claim disputes and recoveries in a range of jurisdictions
  • in either case, the defects claims spanned the range of individual dwellings to large high rise and mixed commercial developments
  • acting for the liquidator of two home warranty insurers in defending and asserting claims in relation to home warranty insurance policies.

Commercial & Infrastructure

  • advising the project management office of a regional council in relation to project management issues arising across a variety of State and Commonwealth funded infrastructure projects in road, water and waste asset categories, including conducting performance audits of the PMO at key project milestones
  • advising a regional council on the impending insolvency of a contractor on an infrastructure project
  • advising a regional council on close out of a road project contract
  • advising a regional council on a $80m claim against a product supplier for defective road base affecting road assets across its network
  • acting for a subcontractor in upstream and downstream disputes regarding performance of an infrastructure contract
  • acting for a mine operator in a claim against a mechanical upgrade contractor
  • acting for a materials manufacturer in a claim against its joint venture participants for diverting a business opportunity
  • acting for applicants and respondents on Building and Construction Industry Security of Payment Act 1999 (NSW) claims
  • acting for various end-users, contractors and professional service firms in relation to money and defects claims in a range of jurisdictions
  • acting for a landlord in dispute with a tenant over restaurant premises rendered inoperable by the actions of an adjoining residential owners corporation in interfering with a mechanical ventilation shaft
  • acting for a railway owner in a commercial arbitration involving a local authority regarding payment for access to the track and interruption of overhead line electrification
  • acting for a machinery supplier in a cross border dispute with a mining company
  • advising a prepared food wholesaler and owner of a production facility in relation to issues arising from the purchase of a food production facility site, in particular the inadequate remediation of the food production facility site, a former mine, as part of the purchase.

Government

Christine’s government experience includes advising agencies in relation to:

Disputes

  • defence of a bailment claim by a former tenant and prosecution of a cross claim for remediation costs of asbestos contamination under s.105 of the Protection of Environment (Operations) Act
  • advice on s.133A of the Conveyancing Act in the context of a claim for make good by a landlord
  • liability to a former tenant under a letter of comfort arising from a potential change of use of a waterfront asset
  • a dispute regarding an adverse affectation on title related to an infrastructure project
  • a dispute regarding allocation of project risk and rectification of defects in an urban renewal project constructed by a developer with the benefit of a 99 year lease
  • relationships with private sector operators in contemplation of the implementation of a new policy for the use of agency owned facilities used by those operators
  • applications made by long term leaseholder of a hotel development including dealing with change of operator and financier
  • a dispute regarding the calculation of performance rents
  • a dispute regarding the ability to vary waterfront licences
  • the fraudulent issue of certification cards and other documents by a private sector organisation whose approval had been cancelled by the agency
  • the unauthorised use of agency names and trade marks by a private fund raiser purporting to have been engaged by a charitable organisation to generate funds on their behalf
  • a claim against former lawyers for professional negligence
  • contested subpoena and subpoena in sensitive matters
  • recovering amounts paid under a statutory insurance scheme and defending claims disputes in relation to recourse to a statutory indemnity. Complexities included administrative law challenges, questions of statutory interpretation, elapsed time and reluctant witnesses
  • the failed installation of critical software systems on the advice of an outsourced IT services provider. The case, which was conducted in the Technology and Construction List of the Equity Division of the NSW Supreme Court involved substantial electronic discovery and over 30 (mostly public sector employee) witnesses for the plaintiff alone. The case was successfully settled in the context of a mediation
  • a commercial arbitration involving outstanding payment to the railway owner by a local authority for access to the railway track and interruption of overhead line electrification.

Inquiries, investigations and reviews

  • an employee disclosure relating to alleged invoice padding/siphoning
  • a desktop review of Council land acquisition at less than arms length
  • an independent review of a series of transactions relating to Crown land
  • the Operation Spector public inquiry by the ICAC regarding alleged corrupt solicitation of funds by public officials (engaged on behalf of a public sector witness)
  • the Operation Acacia segment of the public inquiry by the ICAC into the NSW public sector regarding allegations concerning mining exploration licences (acting for a private sector witness)
  • the Operation Scania public inquiry by ICAC, engaged to represent a Council employee including appearing as solicitor advocate.

Publications

20 May 2020 - Knowledge

Residential Focus

#Property & Real Estate

We are frequently asked to advise on whether or not particular activity is residential building work. Where it is, there can be significant implications for contracting parties. In this week’s editorial, we revisit a case which has recently gone on appeal and look at what the NSW Court of Appeal has said on the issue.

06 May 2020 - Knowledge

Residential Focus

#Property & Real Estate

In this edition, we wrap-up the 22 recommendations contained in the final report on the regulation of building standards, quality and disputes recently released by a Committee of the NSW Parliament, and examine how it may reform the NSW building industry.

29 April 2020 - Knowledge

Terminators beware – ACL application to small business contracts

#Construction & Infrastructure, #COVID-19

On 12 November 2016, the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 (Cth) extended many of the protections of the Australian Consumer Law to small businesses contracts entered into on or after this date. Those protections also apply to the provisions of a contract that is renewed or varied on or after this date, to the extent of the new provisions. As parties affected by COVID-19 seek to enforce various termination, extension of time, variation and compensation clauses in their contracts, it is an opportune time to review these protections and how the Courts have applied them since their commencement.

29 April 2020 - Knowledge

NSW Government Bulletin

#Government

In light of the COVID-19 pandemic, the NSW Government has recently passed regulations that allow documents to be witnessed via audio visual link. We walk through the procedure in detail. 

22 April 2020 - Knowledge

Residential Focus

#Property & Real Estate

With waived and discounted licence fees for new contractor licences under the NSW Government’s stimulus package, there is no better time to address compliance.

08 April 2020 - Knowledge

Residential Focus

#Property & Real Estate

In this edition, we look at whether there is an intention to extend time for commencement of claims for breach of statutory warranty under the COVID-19 legislation.

30 March 2020 - Knowledge

ABCC audit campaign: Mandatory reporting obligations

#Construction & Infrastructure

At the end of 2019, the ABCC announced it would be conducting an audit campaign of code covered entities that have failed to report disputed or delayed payments to the ABCC. What does this mean and how does this affect you?

23 March 2020 - Knowledge

Residential Focus

#Property & Real Estate

In this week’s edition, we look at the impact of COVID-19 on listing arrangements for residential building disputes in NSW.

04 March 2020 - Knowledge

NSW Government Bulletin

#Government

Last week Holding Redlich held its annual NSW Government lawyer CLE intensive day. The day was hosted by Construction and Infrastructure partner, Christine Jones, and featured a one day program on the topic of open government and digitising the customer experience.

26 February 2020 - Knowledge

Residential Focus

#Property & Real Estate

In this edition, we examine a recent case that is hoped will dispose of this issue once and for all. Plus, a look at a recent commitment to extra ‘boots on the ground’ by the NSW Building Commissioner.

12 February 2020 - Knowledge

Residential Focus

#Property & Real Estate

On 6 February, the NSW Minister for Better Regulation and Innovation, Kevin Anderson, announced that the recruitment process had commenced for up to 75 staff to support the newly appointed NSW Building Commissioner, David Chandler OAM, in his task to overhaul the NSW building and construction industry.

05 February 2020 - Knowledge

NSW Government Bulletin

#Government

In this edition we look at the legal issues which arose in the sports rorts affair

22 January 2020 - Knowledge

NSW Government Bulletin

#Government

In this special edition, we put a spotlight on the government’s ongoing digital transformation and take a close look at some of the key trends and issues as a result of this digitisation.

14 January 2020 - Knowledge

Government Bulletin – summer edition

#Government, #Construction & Infrastructure, #Corporate & Commercial Law, #Data & Privacy, #Planning, Environment & Sustainability, #Property & Real Estate, #Workplace Relations & Safety

In this special edition of our fortnightly publication, we put a spotlight on the government’s ongoing digital transformation and take a close look at some of the key trends and issues as a result of this digitisation.

12 November 2019 - Knowledge

NSW Government Bulletin

#Government

The NSW Auditor General has released the final audit of Internal Control and Governance 2019.

06 November 2019 - Knowledge

Residential Focus

#Property & Real Estate

30 October 2019 - Knowledge

NSW Government Bulletin

#Government

Changes to the NSW Civil and Administrative Tribunal Rules 2004 came into effect on 11 October 2019 pursuant to the Civil and Administrative Tribunal (Amendment No 6) Rule 2019.

23 October 2019 - Knowledge

Residential Focus

#Property & Real Estate