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Experience

Toby principally practices in building and construction litigation and arbitration. Toby advises and appears as counsel in disputes ranging from small scale developments through to complex engineering and major infrastructure projects.

Recent major matters include:

• Dispute concerning subsidence of a high technology warehouse in Biodiversity Sub TC Pty Ltd v Vaughan Constructions Pty Limited & Ors (led by Nicholas Pane KC).
• Dispute concerning termination of a major civil works sub-contract, reported in Heavy Plant Leasing Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd (No2) [2022] NSWSC 1775 and Heavy Plant Leasing Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd (No3) [2023] NSWSC 634 (led by Doran Cook SC).
• Dispute concerning additional costs arising from defective design of pre-stressed concrete elements in Westkon Precast Pty Ltd v DBM Puskas Drafting Pty Ltd.
• Dispute concerning defects in the construction of a residential development reported in Owners Corporation PS623721 v Shangri- La Construction Pty Ltd [2022] VCAT 1499, Owners Corporation PS623721 v Shangri-La Construction Pty Ltd [2023] VCAT 501 and Owners Corporation PS623721 v Shangri-La Construction Pty Ltd [2023] VCAT 502 (under appeal).

From 2015 to 2023 Toby has been rated as pre-eminent, leading or recommended junior counsel in Melbourne and Australia by the peer reviewed Doyles guide.

Before joining the Bar, Toby worked as a Senior Associate in the construction and major projects group of Clayton Utz in Melbourne (2000-2008).

Toby holds honours degrees in law and chemical engineering and is also conversational in Mandarin Chinese and Danish.

From 01/07/2010, Liability limited by a scheme approved under Professional Standards Legislation.