Hamish Macpherson

Partner

Sydney, Australia

Hamish is a dispute resolution practitioner with a focus on partnering with construction and infrastructure sector clients across large scale, complex disputes. He acts for leading industry Principals, Tier 1 Contractors and premier NSW government departments involved in infrastructure delivery. 

Highly regarded by his clients as “one of the leading construction litigators in Australia, noted for his strategic thinking. He runs his disputes hard, but sensibly, keeping the opposition on their toes, carefully analysing all alternatives and possible developments and keeping his client a number of moves ahead.”

With experience managing litigation before State and Federal courts and employing alternative dispute resolution processes including private arbitrations and expert determinations, Hamish wears a client centric lens and focuses on resolving matters quickly and cost effectively. 

Through his experience managing national project disputes involving transportation (roads, rail and runways), energy and solar renewables, building, mining and oil and gas, Hamish understands the challenges faced across the sector. He can also provide insight into the legislative and policy framework that surround major projects, as well as experience on how to manage the requirements of various NSW government departments. Hamish brings a unique perspective to ensure a cohesive approach to achieving client’s objectives. 

Hamish's recent 'signature matters' include:

  • UGL Regional Linx re Country Rail Network: Contractor role acting for UGL in upstream disputes against TfNSW in relation to the New South Wales regional country rail network. We are strategic advisers to UGLRL on its renegotiation of a long term O&M Deed with TfNSW for the operation and maintenance of the regional NSW rail network.
  • Infrastructure NSW re Sydney Fish Market: Govt/Developer role acting in defence of claims brought by Sydney Fish Markets as to the scope and price of the new facility to be constructed in Blackwattle Bay, Sydney.
  • WestConnex Stage 3A: Principal role acting for Sydney Motorway Corporation/West Connex in both upstream disputes (against TfNSW) and downstream disputes (against the head contractor Acciona Samsung Bouygues JV) in relation to the under construction M4-M5 Link tunnel tollroad in Sydney.
  • MYKI public transport ticketing upgrade: Contractor role acting for CVTS on the upgrade of the Melbourne public transport ticketing system.
  • TfNSW re Parramatta Light Rail project: Govt/Developer role claims for time and money brought by the SOM Contractor on the ongoing Paramatta Light Rail project.
  • NorthConnex tunnel tollroad in Sydney: Contractor role acting for Lendlease Bouygues JV in claims against subcontractors for defects, delay and non-consequential loss following opening completion of the project.
  • Melbourne Metro: Contractor role on widely publicised billion dollar claims on this 'signature' project in Victoria.
  • AGL Energy Limited: high value dispute with Peabody for the mining and supply of coal to the Bayswater power station in NSW.
  • Glencore / ATO: led a team to resolve claims for Legal Professional Privilege over a large volume of documents requested by the ATO, which had been created by a multi-disciplinary accounting firm.
  • Department of Defence on Project 2021: working with senior Defence stakeholders in creating online, interactive contract administration guide for the 3 major ASDEFCON template contracts used by Defence for all major procurements.
  • Transgrid: dispute relating contractor claims for time and money (ie. claims by the contractor, which the developer sought to 'pass up' to Transgrid) on the Darlington Point solar farm project.

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