Lucinda McPhee

Counsel

Hong Kong, China Hong Kong SAR

Lucinda is a Counsel in the Hong Kong office of King and Wood Mallesons. She is a construction litigation lawyer who is qualified to practice in both Australia and Hong Kong, and she has over 14 years of experience working for high-performing disputes teams in both Australia and Hong Kong.  

Lucinda has a deep understanding of the legal and practical aspects of commercial disputes, and a wealth of experience managing complex high-value disputes for construction industry participants in a wide range of forums including contractual dispute resolution processes, dispute resolution boards, mediation, arbitration, litigation, prosecution, and regulatory processes, in both Australia and Hong Kong.

Lucinda’s strength lies her ability to provide incisive, reliable advice to clients, with innovative strategies and recommendations for mitigating and managing legal and commercial risks. She has experience providing such advice in a variety of forums (from traditional memorandums to ad-hoc and formal presentations to company management, major stakeholders, and boards of directors). 

Representative Experience

  • Arbitration proceedings concerning a major rail project in Hong Kong: Providing advice and representation to a major transportation network provider in Hong Kong, leading to the successful negotiated resolution of multibillion-dollar arbitrated disputes concerning a HK$84 billion infrastructure project.
  • Arbitration concerning a significant infrastructure project in Hong Kong: involving multiple consolidated arbitrations. The dispute was one of the largest infrastructure disputes in Hong Kong, involving eight major construction and design companies with complex joint venture arrangements and cross-claims.
  • Energy Provider in Hong Kong: Providing advice concerning regulatory issues associated with the structuring and procurement of an energy provider’s proposed development of a Hong Kong Offshore Wind Farm Project.
  • Dispute concerning a major road infrastructure project in Queensland: representing a Queensland Government Department in relation to claims made by PPP entities and working to resolve the same using dispute resolution board and expert determination mechanisms (> AUD$60 million).
  • Arbitration proceedings concerning a major gas pipeline: preparing, pursuing and defending a broad range of claims arising out of a project to engineer, procure and construct a gas transmission pipeline (>400km) in Central Queensland. The matter proceeded to Arbitration under the UNCITRAL Rules with the client recovering > AUD$100 million and successfully defending a AUD$3.3 billion counterclaim ($0 was awarded). The proceedings spanned 5 years, and 8 hearings, and concerned numerous legal, factual and expert disputes.
  • Arbitration Proceedings concerning PNG infrastructure: providing advice and representation in PNG arbitration proceedings regarding allegedly defective major port infrastructure (> AUD$20 million).
  • Barrier Reef Pools: Providing advice and representation in Queensland Supreme Court proceedings against suppliers of defective materials used to manufacture over 2000 pools (> AUD$60 million).
  • Hardev Property (Dev 10) Pty Ltd: Acting for Hardev in its dispute with Carruthers Contracting concerning the "Haven" development, including in judicial review proceedings concerning the enforceability of a SOP decision regarding alleged unlicensed building work performed for the development.

Reputation

  • Recommended Construction & Infrastructure Litigation Lawyer – Hong Kong, 2024, Doyles Guide 2024

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