Rachael Schulz

Clayton Utz
Special Counsel Brisbane

With a background in general litigation and over 10 years of construction litigation expertise, Rachael has acted for owners (both public and private), major contractors, suppliers and subcontractors on construction projects across the infrastructure, transport, energy and mining sectors.

Rachael has extensive experience in all forms of dispute resolution, particularly international arbitration, acting for clients on a broad range of construction claims and disputes both contractual (variations, defects, termination, delay and disruption, security of payment) and non-contractual (Competition and Consumer Act 2010).

She regularly advises clients on commercial and strategic project issues, including contract administration, claims advice and preparation, settlement negotiation and dispute avoidance.

Clients value Rachael's ability to get across the detail of complex legal issues quickly as well as seeing the bigger picture.

Notable Work
  • Rachael has advised clients on a wide range of construction-related disputes.
    • Confidential Client: Acting for NSW owner on various contractual and defect related disputes on a major NSW infrastructure project.
    • Built Qld Pty Limited: Assisted contractor with various contractual disputes in the Supreme Court of Queensland.
    • Civil Mining & Construction Pty Ltd: Assisted the contractor in domestic arbitration proceedings against a Queensland government department.
    • Neumann Contractors Pty Ltd: Assisted the contractor in Supreme Court proceedings for the enforcement of security and claims of misleading and deceptive conduct.
    • McConnell Dowell (Aust) Pty Ltd: Assisted the contractor with various contractual disputes in the Supreme Court of Queensland.
    • Baulderstone Hornibrook Pty Limited: Acted for the contractor in a complex contractual dispute in the Supreme Court of New South Wales regarding the construction of a shopping centre.
    • Department of Construction and Infrastructure (NT): Collaborating with Clayton Utz Darwin in claims made by contractors on the construction of marine infrastructure.
    • Defence experience (Defence clearance level unclassified): Reviewing contract documents for Defence on Amberley RAAF Base Redevelopment (Stage 3) and advising and assisting Defence in various subcontractor disputes.
  • Rachael also acts for contractors and owners in security of payment proceedings.
    • Citimark Properties Pty Ltd v RCQ Construction Pty Ltd
    • Neumann Contractors Pty Ltd v Traspunt No.5 Pty Ltd
    • Securcorp Ltd v Civil Mining & Construction Pty Ltd
    • Empire Interiors (Australia) Pty Ltd v Intero Hospitality Projects Pty Ltd
    • Lendlease Project Management & Construction (Aust) Pty Ltd v University of Queensland
    • Parsons Brinkerhoff Pty Ltd v BM Alliance Coal Operations Pty Ltd
    • Epoca Constructions Pty Ltd v Whitsunday Regional Council
  • Rachael has years of experience in international arbitration, acting most recently on a multi-billion dollar dispute regarding an energy infrastructure contract.
  • As the key point of contact for the client's claims, Rachael provided strategic and commercial advice on all aspects of the arbitration proceedings. She was also responsible for managing the preparation of pleadings, submissions, factual witness statements and expert evidence and overseeing the running of several international hearings.
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