Nerida Whelan | Senior Associate | Brisbane

  • Building & Construction
  • Litigation & Dispute Resolution

 

Tel 07 3001 9252Mob 0418 738 372Email n.whelan@clarkekann.com.au

Nerida is a Senior Associate in our Litigation & Insolvency team. She has a wealth of experience in all aspects of commercial dispute resolution and litigation.

Nerida’s expertise is in building and construction litigation, including security of payment disputes. In addition to her broad experience in private practice acting for builders and developers, Nerida also spent time ‘in-house’ with the Queensland Building and Construction Commission giving her a unique insight into the Commission's regulation of the construction industry. Nerida's dispute resolution and litigation experience informs her advice to builders and developers in the pre-contract and project delivery phases of projects, as she appreciates the importance of a well drafted contract and the benefits of early dispute resolution.

Nerida is known for her pragmatic and commercial advice and is committed to achieving practical and workable outcomes for her clients. 

 

Experience

BUILDING AND CONSTRUCTION

Various Developers and Contractors

  • Acts for developers and building contractors in relation to the negotiation and preparation of construction contracts. Recently advised a national building contractor in respect of the negotiation of a design and construction contract with a contract price in excess of $200,000,000.
  • Assisted a developer after its appointed building contractor entered into external administration, which required advice upon various matters, including a number of notices of claims of charge served by subcontractors pursuant to the Subcontractors' Charges Act 1974 (Qld).
  • Acted for a client in respect of damages suffered as a result of the negligent design and certification of construction work. The matter involved multiple parties and the engagement of numerous expert witnesses.
  • Acted for a building contractor in relation to a protracted and complex dispute, which first involved proceedings to recover a progress payment under the Building and Construction Industry Payments Act 2004 (Qld) and later involved proceedings in the Supreme Court of Queensland.

LITIGATION & DISPUTE RESOLUTION

Developer

  • Acted for a developer who was forced to commence proceedings to recover possession of a property inhabited by squatters asserting a proprietary right to the property as adverse possessors. Assisted the client in obtaining orders entitling them to recover possession of the property and have those orders enforced against the squatters, which required the involvement of police and security personnel.

Commercial Premises Lessor

  • Acted for the lessor of a commercial premises in respect of the lessee's proceedings for relief against forfeiture.

Medical Professionals Group

  • Acted for a group of medical professionals in respect of proceedings brought against a former business partner, who had misused confidential information in order to solicit clients for their own commercial benefit.

Various Clients

  • Assisted numerous clients in relation to applications to review various administrative decisions, including decisions regarding freedom of information, statutory licences or permits and incomplete or defective construction work.

Articles

People

CK Agribusiness Consultant Tim Ferrier was recently listed in Doyle's Guide to the Australian Legal Profession as a Preeminent Leading Agribusiness Lawyer (Queensland) for 2018. To make this list requires feedback from various sources but most importantly our clients. We thank our clients for that valuable input and look forward to assisting in your continued commercial growth.  VIEW MORE

Expertise

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