Holly Smith

Holly Scott

Baker & McKenzie


Holly is a senior associate in the Major Projects and Construction team with more than seven years' experience in the construction industry and six years' post admission experience.

Practice Focus

Holly advises and acts for clients in a range of construction disputes. She has experience in large scale litigation in the Supreme and Federal Courts as well as experience in arbitrations, adjudications, mediations and negotiations. Holly is able to work flexibly with clients' needs and has experience working on the one hand, with precision in litigation and on the other hand, at a more commercial level in adjudications, mediations and arbitrations.

Holly is also a qualified civil engineer with experience in project and contract management for an LNG pipeline construction project, a rail tunnel construction project and a number of large scale fit-out projects.

Representative Legal Matters

  • Acting for head contractor in expert determination in relation to extension of time claims arising because of COVID caused delays in procurement of wind turbine components from various countries.
  • Advising principal in relation to various contractual claims arising in connection with an iron ore mining contract. 
  • Acting for a multinational electric company in an arbitration of disputes arising in relation to a contract for the supply of transformers and inverters for a solar farm.
  • Assisting with a complex settlement and financing arrangement between joint venture partners for the engineering, procurement and construction of a wind farm.
  • Advising head contractor on various contractual disputes arising during the engineering, procurement and construction of a wind farm in Victoria.
  • Acting for GE Renewable Energy in a mediation relating to a range of construction issues arising on four wind farm projects in Queensland, New South Wales and South Australia. My involvement in this dispute led to GE Renewable Energy requesting my secondment to their offices.
  • Assisting with successful challenge to arbitrator's jurisdiction in multi-party arbitration.
  • Acting for Fourth Respondent in the Federal Court litigation, CPB Contractors Pty Limited v Celsus Pty Limited (formerly known as SA Health Partnership Nominees Pty Ltd) [2017] FCA 1620 and CPB Contractors Pty Limited v Celsus Pty Limited (formerly known as SA Health Partnership Nominees Pty Ltd) (No 2) [2018] FCA 2112.
  • Acting for subcontractor in arbitration in relation to a dispute arising on the new Royal Adelaide Hospital. Prior to arbitration, I assisted in a AUD 7 million adjudication for this dispute which the Respondent tried, unsuccessfully, to have stayed in the Supreme Court of South Australia.
  • Acting for a chemical processing contractor in a successful adjudication application for a total value of approximately AUD 700,000.

Professional Honors

  • Finalist in the 2019 Lawyer's Weekly 30 Under 30 Awards for Construction Law

Professional Associations and Memberships

  • Law Society of New South Wales - Member

Corporate Responsibility

  • Refugee Advice and Casework Service (RACS) - for the past three years Holly has been in involved in the firm's RACS program and has assisted refugees seeking asylum in Australia by accompanying applicants to their interviews with the Department of Home Affairs, making oral submissions at those interviews in support of the application and preparing and submitting written submissions in support of the application.
  • Pen Pal program - for the past three years Holly has been involved in the Firm's Pen Pal program in which she exchanges letters with primary school children at Lightning Ridge Primary School in.


  • New South Wales (2016)


  • University of Wollongong (Bachelor of Laws and Bachelor of Civil Engineering (Hons)) (2014)
  • Reporter, "YTO Construction Pty Ltd v Innovative Civil Pty Ltd [2019] NSWCA 110", Building and Construction Law Journal Volume 35, 2019
  • Reporter, "Kawasaki Heavy Industries Ltd v Laing O'Rourke Australia Construction Pty Ltd [2017] NSWCA 291", Building and Construction Law Journal Volume 34, 2018