Jessica Wacker (née Hourn)
Clayton Utz
Special Counsel
Brisbane
Overview
An emerging talent as a disputes lawyer in the Major Projects and Construction space, with experience in various forms of dispute resolution — predominantly litigation, arbitration and statutory adjudication — across a range of sectors, and a keen interest in negligence, global claims for delay/disruption, termination and contract interpretation.
Notable Work
- Acting for the owner of a solar farm in court proceedings, with claims in contract and under statute (including the work health and safety legislation and the Australian Consumer Law) against the manufacturer of the power conversion stations.
- Acting for a joint venture against the developer of a coal export terminal in multiple adjudications, interlocutory applications (including an application to enjoin a call on a $33mil bank guarantee, and jurisdictional questions arising from earlier adjudications) and court proceedings (disputed amount >$400mil).
- Acting for the owner of a lead smelter, defending claims made by, and pursuing counterclaims against, the civil, piling, SMP and electrical contractors in both adjudication and arbitration.
- Acting for the owner of a zinc refinery, defending claims made by, and pursuing counterclaims against, the SMP contractor in adjudication and arbitration.
- Acting for a government owned corporation in the Asia Pacific in an international arbitration (substantive law of Papua New Guinea) relating to the fitness for purpose of an international container shipping terminal and associated facilities.
- Acting for a head contractor, pursuing variation and delay claims arising from the design and construction of a wastewater treatment plant, in both adjudication and expert determination.
- Acting for a head contractor, pursuing a stay of court proceedings brought by a subcontractor contrary to an arbitration agreement (decision to grant stay upheld on appeal).
- Acting for claimants and respondents in various adjudications in Queensland, New South Wales, South Australia and the Northern Territory.
- Acting for subcontractors, head contractors and principals in various subcontractors' charges matters.
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