Claire Newhouse

Claire Newhouse

Special Counsel
Baker & McKenzie

Biography

Claire Newhouse a special counsel in the Construction Group in Baker McKenzie's Melbourne office. She has over 15 years' experience assisting a wide range of clients manage their disputes. Claire has also undertaken a variety of secondments including as General Counsel for Shell Aviation Australia Pty Ltd, with the Victorian Building Authority in the Cladding Unit and the Victorian State Government Department of Education and Training in the Property Law Team.

Practice Focus

Claire has acted for principals, contractors, and subcontractors, as well as government entities on a range of projects across Australia and in New Zealand. She has gained experience within the fields of construction, property, and administrative law, as well as risk management, commercial negotiation, and dispute resolution.

Representative Legal Matters

Undersea pipeline project

  • Managed multiple concurrent security of payment claims for an Australian contractor on a pipeline project in New Zealand. Amended payment claims, managed experts, drafted affidavits and submissions to the adjudicator. Advised regarding alternative dispute resolution processes and overall strategy.

Steel bridge fabrication issues

  • Managed and advised on FOI requests to a State Government Department, the notification of a potential claim to the insurer and issues around the insolvency of the head contractor in the construction of a bridge for which the client had undertaken the steel fabrication.

International entity divestment

  • Primary local legal resource for the deal team based in London divesting an aviation business in Australia. Assisted in multiparty negotiations arising from the divestment and managed issues resulting from the change in control with property owners, joint venture participates, airport owners, agents, customers, local councils, and federal regulators.

Gas pipeline project

  • Assisted in managing claims for the principal in excess of AUD 1.6 billion, both under contract and statute through an ICC arbitration. The dispute arose from the construction of a large gas pipeline. Drafted various arbitral documents and correspondence. Managed counsel, quantum and forensic accounting experts. Also assisted the principal to successfully defend AUD 180 million of other claims from arbitration to appeal in the state Supreme Court.

Desalination Plant

  • Assisted in advising and managing potential claims brought by contractors on the desalination plant. This involved advising the principal on the Dispute Resolution Board process. Assisted with contract management during both the D&C and O&M phases.

Mixed housing development

  • Assisted in advising the principal on contractor claims including variations, alleged force majeure events and extension of time claims on a mixed housing development in Melbourne. Advised on construction issues arising from the head contractor going into liquidation.

Professional Associations and Memberships

  • NAWIC

Corporate Responsibility

  • Public Gallery Association of Victoria (PGAV), Co-opted Representative (Legal) 2010 - 2017

Admissions

  • Victoria~Australia (2006)

Education

  • University of Adelaide (Professional Certificate in Arbitration) (2012)
  • College of Law, Victoria (Graduate Diploma in Legal Practice) (2006)
  • Australian National University (Bachelor of Laws (Hons)) (2005)

Languages

  • English
Author, "DRBs have finally cemented their place in the Australian construction industry," 11(3) CLint 2016