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 a deep understanding of client needs and is commercial in her approach. She has developed these attributes through a variety of secondments including as General Counsel for Shell Aviation Australia Pty Ltd, in Cladding Unit of the Victorian Building Authority and within 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, aviation and administrative law, as well as risk management, commercial negotiation, and a wide range of dispute resolution methods.

Representative Legal Matters

Westgate Tunnel Project

  • Acting for an engineering joint venture comprising Aurecon and Jacobs in defending claims in excess of $250 million in the Supreme Court. Managing counsel as well as quantum, delay and engineering experts. Conducting witness interviews and evidence gathering. Preparing correspondence with the plaintiffs’ legal representative and advising on strategy. Assisting with the related insurance claim. Preparing contractual correspondence.

Water pipeline breach of contract dispute

  • Acting for Ventia in a dispute regarding alleged breaches of technical requirements for water pipelines in a built up area. Worked with Counsel to prepare a defence to the claim in the Supreme Court. Assisted with preparation for court ordered mediation and ongoing assistance with the settlement negotiation.

Defects dispute on public landscape commission

  • Acting for a boutique Australian design and installation company in relation to defect claims on an AUD 16 million public commission of a landscape artwork. Negotiating a settlement agreement and related tripartite agreement. Successfully defending and advising on a security of payment claim for AUD 1.7 million.

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. Assisted with the notification of a potential claim to the insurer and advised on issues around the insolvency of the head contractor in the construction of a signature pedestrian 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. Managed issues resulting from change in control with property owners, joint venture participants, 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
  • SoCLA

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
  • Presenter, RICS “10 Construction Contract Nightmares and Their Solution”, 20 June 2024 
  • Author, “Australia: Recent reforms proposed to the Security of Payment Act in Victoria will further benefit unpaid subcontractors” Lexology, 7 March 2024
  • Author, "DRBs have finally cemented their place in the Australian construction industry",11(3) CLint 2016