Steve O'Reilly

Clayton Utz
Partner Melbourne
Overview

A seasoned, practical, no-nonsense adviser, Steve excels at advising clients in project delivery, contract administration and taking a commercial and strategic approach to all forms of dispute resolution.

His extensive experience traverses commercial development, major infrastructure and the energy and resources sectors, adeptly navigating the landscape at principal, sponsor, contractor and subcontractor tiers.

Notably, Steve was also national managing partner between 2010 and 2014 and chaired the Clayton Utz Board for a three-year tenure starting in 2017.

Notable Work
  • Hydro Tasmania: advised after the failure of the Basslink Interconnector in December 2015. Following a successful multi-party arbitration process, the matter encompassed receivership proceedings, asset sale, and a comprehensive overhaul of the associated contractual framework.
  • Level Crossing Removal Program: project lead at Clayton Utz for the Program, and providing advice on project delivery and contract administration issues.
  • Melbourne Airport: guided the Airport through multi-faceted delay and variation claims submitted by the D&C contractor. Strategically managed solutions to expedite the successful completion of Terminal 4 and its interconnected infrastructure.
  • Victorian Community Safety Building Authority: tackling intricate claims involving defects, latent conditions, variations, performance warranties and completion challenges for correctional and prison facility projects.
  • Victorian Government: advising in respect of risk mitigation strategies and project delivery alternatives for East West Link.
  • ACT Government: acted on delivering the ACT Light Rail Stage 1 and advising on project administration issues and claims. Also acting on interrelated civil road projects aimed at seamlessly integrating the road and light rail networks.
  • Kawasaki: joint team leader advising on a significant project in Victoria to produce hydrogen energy from brown coal.
  • INPEX: acted on the $15bn onshore LNG processing plant, advising on ground conditions, delay and disruption claims.
  • Anaconda Operations: acted in a substantial $1.2bn construction dispute, centred around defects and the protracted completion and ramp-up of a nickel and cobalt process plant.
  • Macquarie: represented in deftly addressing US$700m claims raised by a joint venture contractor for the South Bay Expressway project in the USA. The dispute spanned arbitration and litigation proceedings in California and New York.
Insights
Major Projects & Construction 5 Minute Fix No 130: adjudicators and submissions, delays as nuisance, half-truths in land sales, rectification
15 Nov 2024 | Article
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Major Projects & Construction 5 Minute Fix No 129: bifurcated arbitration, security of payment across border, statutory trusts
25 Sep 2024 | Article
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Major Projects & Construction 5 Minute Fix 128: proportionate liability in arbitrations; security of payment, liquidated damages, subcontracting
26 Aug 2024 | Article
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Major Projects & Construction 5 Minute Fix 127: defect rectification, Infrastructure NSW, contract formation
18 Jul 2024 | Article
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Major Projects & Construction 5 Minute Fix 126: overpayments, wasted expenditure, builders' duty of care, anti-slavery
5 Jun 2024 | Article
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Major Projects & Construction 5 Minute Fix 125: public interest immunity, arbitration agreements, AS4000 and more
2 May 2024 | Article
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Major Projects & Construction 5 Minute Fix 124: security of payment, prior negotiations, interest rate or penalty
20 Mar 2024 | Article
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Major Projects & Construction 5 Minute Fix 123: proportionate liability, bank guarantees, who can receive a payment claim
5 Feb 2024 | Article
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Major projects & construction 5 Minute Fix 122: construction costs escalation, adjudications, access to performance securities, law reforms
20 Dec 2023 | Article
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Major projects & construction 5 Minute Fix 121: contracting out and construction contracts under the ACL, NSW net zero and infrastructure, variations
24 Nov 2023 | Article
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Major projects & construction 5 Minute Fix 120: completion, adjudicator's reasons, heads of agreement
20 Oct 2023 | Article
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Major Projects & Construction 5 Minute Fix 119: conditional completion certificates, termination rights, refusing payment
20 Sep 2023 | Article
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Major Projects & Construction 5 Minute Fix 118: conditions precedent, insolvency in construction, cladding
4 Aug 2023 | Article
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Major Projects & Construction 5 Minute Fix 117: combustible cladding, price escalation clauses, security of payment
19 Jul 2023 | Article
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Major Projects & Construction 5 Minute Fix 116: proportionate liability and arbitration, expert witnesses, bank guarantees
30 Jun 2023 | Article
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Major Projects & Construction 5 Minute Fix 115: further defects, payment claims and adjudication, quantifying damages
19 May 2023 | Article
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Major Projects & Construction 5 Minute Fix 114: Infrastructure Australia reforms, contractor's duty of care to road users, execution formalities
26 Apr 2023 | Article
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Major Projects & Construction 5 Minute Fix 113: separable portions and practical completion, Qld statutory trust roll-out
30 Mar 2023 | Article
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Major Projects & Construction 5 Minute Fix 112: payment schedule timeframes, the Design and Building Practitioners Act duty of care
8 Mar 2023 | Article
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Major Projects & Construction 5 Minute Fix 111: Secure Jobs, Better Pay in construction, force majeure, contract repudiation
12 Dec 2022 | Article
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Major Projects & Construction 5 Minute Fix 110: directors' and employees' liability, Domestic Building Contracts Act, proportionate liability regime
17 Nov 2022 | Article
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Major Projects & Construction 5 Minute Fix 109: timing and payment schedules, joint ventures, domestic building legislation, rectification damages
26 Oct 2022 | Article
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Major Projects & Construction 5 Minute Fix 108: withholding payment, implied terms and High Speed Rail Authority
7 Oct 2022 | Article
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Major Projects & Construction 5 Minute Fix 107: escalation risk, unconditional undertakings, building legislation and standards
16 Sep 2022 | Article
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Major Projects & Construction 5 Minute Fix 106: enforceability of adjudication determinations, releases, Modern Slavery
1 Sep 2022 | Article
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Major Projects & Construction 5 Minute Fix 105: developer's liability for cladding rectification, expert determination, security of payment
18 Aug 2022 | Article
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Major Projects & Construction 5 Minute Fix 104: ABCC, combustible cladding, step-in notice, WA security of payment
4 Aug 2022 | Article
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Major Projects & Construction 5 Minute Fix 101: duty of care, infrastructure strategy, and when can you be sued for a building action
24 Jun 2022 | Article
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Major Projects & Construction 5 Minute Fix 100: NSW State Infrastructure Strategy, good faith and other implied terms, builder’s margin in variation claims and expert determinations
9 Jun 2022 | Article
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Major Projects & Construction 5 Minute Fix 99: NSW's statutory duty of care, opposing a statutory demand, and unsuccessful adjudication offsets
26 May 2022 | Article
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Major Projects & Construction 5 Minute Fix 98: NSW Research & Development Roadmap, supply chains, implied licences for home building plans
12 May 2022 | Article
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Major Projects & Construction 5 Minute Fix 97: settlement agreements, liquidated damages, misleading or deceptive conduct
28 Apr 2022 | Article
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Major Projects & Construction 5 Minute Fix 96: head contractor licensing, easements, recitals in construction contracts
14 Apr 2022 | Article
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Major Projects & Construction 5 Minute Fix 95: Qld trust account rollout; Infrastructure Australia's new roadmap; security of payment
31 Mar 2022 | Article
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Major Projects & Construction 5 Minute Fix 94: new contract to pay subcontractors directly, post-contract conduct, "cost plus", delayed Practical Completion and final payment
17 Mar 2022 | Article
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Major Projects & Construction 5 Minute Fix 93: security of payment, stays and COVID-19, security of critical infrastructure reforms
3 Mar 2022 | Article
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Major Projects & Construction 5 Minute Fix 92: electronic document execution, top 5 construction law issues, payment claims
17 Feb 2022 | Article
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Media Release: Clayton Utz congratulates participants in landmark HESC project on world-first export of liquefied hydrogen
28 Jan 2022 | Media Release
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Major Projects & Construction 5 Minute Fix 91: Queensland's project trust regime, arbitral awards, liquidated damages, Building Equality Policy
23 Dec 2021 | Article
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Major Projects & Construction 5 Minute Fix 90: subsequent adjudications, price reviews, and duty of care
9 Dec 2021 | Article
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Major Projects & Construction 5 Minute Fix 88: NSW net zero, warranties, combustible cladding litigation, default interest rates
11 Nov 2021 | Article
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Major Projects & Construction 5 Minute Fix 87: net zero in NSW, Market Capacity report, economic stimulus packages, tender costs
28 Oct 2021 | Article
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Major Projects & Construction 5 Minute Fix 86: arbitration clauses, prevention principle, excluded amounts and liquidated damages
14 Oct 2021 | Article
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Major Projects & Construction 5 Minute Fix 85: cladding in Victoria, WA security of payment, and payment schedules
30 Sep 2021 | Article
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Major Projects & Construction 5 Minute Fix 84: Australian Infrastructure Plan 2021, bank guarantees, Offshore Electricity Infrastructure Bill
16 Sep 2021 | Article
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Major Projects & Construction 5 Minute Fix 83: penalties home and abroad, Infrastructure Victoria 30 year strategy, building materials on credit
2 Sep 2021 | Article
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Major Projects & Construction 5 Minute Fix 82: the prevention principle, implied term of good faith, NSW construction pause
19 Aug 2021 | Article
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Major Projects & Construction 5 Minute Fix 81: UK Building Safety Bill, NSW home building limitation periods, landowner duty of care
5 Aug 2021 | Article
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Major Projects & Construction 5 Minute Fix 80: QBCC licence reform, superintendent dual roles, heads of agreement
22 Jul 2021 | Article
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Extract from The Asia Pacific Arbitration Review 2022
12 Jul 2021 |
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Major Projects & Construction 5 Minute Fix 79: procurement practices, security of payment, damages for defects
8 Jul 2021 | Article
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Major Projects & Construction 5 Minute Fix 78: cladding and liability, NSW building reforms, QBCC's trust account tool
24 Jun 2021 | Article
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Major Projects & Construction 5 Minute Fix 77: FIDIC's standard form contracts, penalties, insolvency and adjudication
10 Jun 2021 | Article
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Major Projects & Construction 5 Minute Fix 76: estoppel, security of payment, Lacrosse liability, NSW building reform
27 May 2021 | Article
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Major Projects & Construction 5 Minute Fix 75: arbitration clauses, security of payment, heavy vehicles and Zero Emission Vehicles
13 May 2021 | Article
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Major Projects & Construction 5 Minute Fix 74: security of payment compliance audit, Project Remediate report, and damages
29 Apr 2021 | Article
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Major Projects & Construction 5 Minute Fix 73: recourse to security, building product safety, and Vic reform
15 Apr 2021 | Article
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Major Projects & Construction 5 Minute Fix 72: security of payment and the prevention principle
1 Apr 2021 | Article
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Major projects & construction 5 Minute Fix 71: joint ventures, security of payment, rectification
18 Mar 2021 | Article
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Major projects & construction 5 Minute Fix 70: Qld trust regime, harmonisation and arbitration
4 Mar 2021 | Article
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Major projects & construction 5 Minute Fix 69
18 Feb 2021 | Article
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Major projects & construction 5 Minute Fix 68
4 Feb 2021 | Article
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Major projects & construction 5 Minute Fix 67
10 Dec 2020 | Article
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Major projects & construction 5 Minute Fix 66
26 Nov 2020 | Article
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Major projects & construction 5 Minute Fix 65
12 Nov 2020 | Article
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Major projects & construction 5 Minute Fix 64
29 Oct 2020 | Article
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Major projects & construction 5 Minute Fix 63
15 Oct 2020 | Article
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Major projects & construction 5 Minute Fix 61
17 Sep 2020 | Article
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Major Projects & Construction 5 Minute Fix 60
3 Sep 2020 | Article
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Major projects & construction 5 Minute Fix 59
17 Aug 2020 | Article
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Major projects & construction 5 Minute Fix 58
6 Aug 2020 | Article
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Major projects & construction 5 Minute Fix 57
23 Jul 2020 | Article
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Major projects & construction 5 Minute Fix 56
9 Jul 2020 | Article
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Major projects & construction 5 Minute Fix 55
25 Jun 2020 | Article
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Major projects & construction 5 Minute Fix 54
11 Jun 2020 | Article
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Major projects & construction 5 Minute Fix 53
28 May 2020 | Article
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Major projects & construction 5 Minute Fix 52
14 May 2020 | Article
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Major projects & construction 5 Minute Fix 51
30 Apr 2020 | Article
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Major projects & construction 5 Minute Fix 50
16 Apr 2020 | Article
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Major projects & construction 5 Minute Fix 49
19 Mar 2020 | Article
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Major projects & construction 5 Minute Fix 48
5 Mar 2020 | Article
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Major projects & construction 5 Minute Fix 46
12 Dec 2019 | Article
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Major projects & construction 5 Minute Fix 45
28 Nov 2019 | Article
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Major projects & construction 5 Minute Fix 44
14 Nov 2019 | Article
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Major projects & construction 5 Minute Fix 43
18 Oct 2019 | Article
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Major projects & construction 5 Minute Fix 42
3 Oct 2019 | Article
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Major projects & construction 5 Minute Fix 41
19 Sep 2019 | Article
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Major projects & construction 5 Minute Fix 40
5 Sep 2019 | Article
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Major projects & construction 5 Minute Fix 39
22 Aug 2019 | Article
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Major projects & construction 5 Minute Fix 37
25 Jul 2019 | Article
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Major projects & construction 5 Minute Fix 36
11 Jul 2019 | Article
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Major projects & construction 5 Minute Fix 35
27 Jun 2019 | Article
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Major projects & construction 5 Minute Fix 34
13 Jun 2019 | Article
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Major projects & construction 5 Minute Fix 33
30 May 2019 | Article
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Major projects & construction 5 Minute Fix 32
2 May 2019 | Article
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Major projects & construction 5 Minute Fix 31
18 Apr 2019 | Article
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Major projects & construction 5 Minute Fix 30
4 Apr 2019 | Article
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Major projects & construction 5 Minute Fix 29
21 Mar 2019 | Article
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Major projects & construction 5 Minute Fix 28
7 Mar 2019 | Article
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Major projects & construction 5 Minute Fix 27
21 Feb 2019 | Article
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Major projects & construction 5 Minute Fix 26
20 Dec 2018 | Article
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Major projects & construction: 5 Minute Fix 25
6 Dec 2018 | Article
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Major projects & construction: 5 Minute Fix 23
8 Nov 2018 | Article
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Major projects & construction: 5 Minute Fix 22
25 Oct 2018 | Article
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Major projects & construction 5 Minute Fix 21
11 Oct 2018 | Article
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Major projects & construction 5 Minute Fix 20
27 Sep 2018 | Article
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Major projects & construction 5 Minute Fix 19
13 Sep 2018 | Article
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Major projects & construction 5 Minute Fix 18
30 Aug 2018 | Article
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Major projects & construction 5 Minute Fix 17
16 Aug 2018 | Article
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Major projects & construction 5 Minute Fix 16
2 Aug 2018 | Article
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Major projects & construction 5 Minute Fix 15
19 Jul 2018 | Article
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Major projects & construction 5 Minute Fix 14
5 Jul 2018 | Article
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Major projects & construction 5 Minute Fix 13
21 Jun 2018 | Article
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Major projects & construction 5 Minute Fix 12
7 Jun 2018 | Article
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Major projects & construction 5 Minute Fix 11
24 May 2018 | Article
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Major projects & construction 5 Minute Fix 10
10 May 2018 | Article
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Major projects and construction: 5 Minute Fix 09
26 Apr 2018 | Article
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Major projects and construction: 5 Minute Fix 08
12 Apr 2018 | Article
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Clayton Utz plays role in Australia-Japan collaboration on world-first liquefied hydrogen pilot project in Victoria
12 Apr 2018 | Media Release
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Major projects and construction: 5 Minute Fix 07
29 Mar 2018 | Article
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Major projects and construction: 5 Minute Fix 06
15 Mar 2018 | Article
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Major projects and construction: 5 Minute Fix 05
1 Mar 2018 | Article
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Major projects and construction: 5 Minute Fix 04
15 Feb 2018 | Article
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High Court rejects review of SOP Act adjudication determinations for non-jurisdictional error
14 Feb 2018 | Article
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Consultation starts on Infrastructure WA advisory body
8 Feb 2018 | Article
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5MF 03
1 Feb 2018 | Article
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Clayton Utz announces new Board appointments
8 Feb 2017 | Media Release
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Don't panic! Probuild overturned, so adjudication determinations under SOP Act will stand despite non-jurisdictional errors of law
3 Jan 2017 | Article
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