Donna advises clients in Australia and abroad on contentious and non-contentious matters arising on major projects. 

Her experience spans a range of sectors including infrastructure, mining, oil and gas, renewable energy, water, transport and she has advised on commercial development projects. 

Donna has an in-depth understanding of the issues relating to key project documents and various project delivery models. This includes the structuring, drafting, tendering, negotiation and implementation required to successfully deliver PPPs, design and construct contracts, engineering, procurement and construction contracts, operation and maintenance agreements, supply and procurement contracts and related security documentation.

Donna's experience on contentious matters covers all forms of dispute resolution, including arbitration, adjudication, expert determination, mediation and litigation.

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Expertise

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Construction and Major Projects

Public Transport Authority: Advised in relation to various rail infrastructure and network upgrade projects.

Cross River Rail: Assisted with drafting early works packages tender documents and the project agreement for the Cross River Rail project in Brisbane,

Major fertiliser company: Advised in relation to the negotiation and drafting of a take or pay contract for the supply of ammonia emulsion and prill, and the construction contract for construction of an ammonia emulsion plant.

Metropolitan Redevelopment Authority: Advised in relation to the $75.4M Scarborough Redevelopment project, including advising on the project delivery model, tendering process, negotiation and drafting project documents and working closely with the project management team to identify and mitigate legal and risk management issues.

Bannister Downs: Advising in relation to the development of a combined dairy, creamery and tourist facility including drafting and negotiating the D&C contracts, long term purchase agreements and consultancy agreements

Advice on bespoke and standard form construction contracts: Advising principals and contractors on bespoke contracts as well as industry standard forms such as Australian Standards contracts and FIDIC contracts.

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Energy and Resources

Sun Brilliance: Drafting and negotiating the project agreements for the construction and connection to the grid of a 100MW solar power plant in WA.

Arrium: Drafting and negotiating various mining services agreements on alliance based principles.

Talison Lithium: Drafting and negotiating the design and construction contract for the construction of a lithium plant.

Tianqi: Advised Tianqi on its $440M EPC for the construction of a new lithium processing plant and its Stage 2 expansion project to double capacity of the plant.

Alcoa: Drafted the $59.8M EPC for a filtration plant and associated supply contracts.

Occidental Oil and Gas: Drafting and negotiation of various EPC contracts, O&M contracts, drilling contracts, well services, processing facilities, de-bottling and pipeline contracts for its assets in Qatar, Libya, Bahrain and Oman. 

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Litigation and Dispute Resolution

Halcrow: Advising in relation to disputes arising between Halcrow and a subcontractor in relation to the Roy Hill port project for a two berth iron ore port facility, including representing Halcrow in an arbitration initiated by a subcontractor in respect of variations and delay damages.

Department of Immigration and Border Protection: Advising in relation to an expert determination of various claims against the contractor including defects, variations and extensions of time. Also advising in relation to the Department's use of hotel as temporary accommodation for clients and the hotel owner's claims in the Supreme Court relating to alleged damages arising from that use.

Watpac Civil and Mining: Advising in relation to Supreme Court proceedings to defend a $91M claim for breach of contract.  Ultimately, the parties reached settlement including a payment to Watpac and the full withdrawal of all of claims.  Donna has also advised Watpac in relation to various applications under the Construction Contracts Act (WA). 

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Knowledge

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