Holly Smith

Holly Smith

Associate
Baker & McKenzie

Biography

Holly is a Senior Associate in the Major Projects and Construction team.

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 arbitrations, adjudications, mediations and negotiations.

Holly is also a qualified civil engineer with experience on LNG construction projects and rail tunnel projects.

Representative Legal Matters

Holly has been the lead solicitor on a number of disputes she has been involved with and has experience working closely with clients, experts and counsel.  Her experience in engineering enables her to quickly understand the complex technical issues which often arise in construction disputes.

Notable matters Holly has assisted on include:

  • Acting for the Lendlease parties in the Federal Court proceedings, Hastie Group Limited (in liquidation) & Ors v Multiplex Constructions Pty Ltd (formerly Brookfield Multiplex Constructions Pty Ltd) & Ors.
  • Acting for a company on an arbitration for disputes arising in relation to a contract for the supply of transformers 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.
  • Assisting and managing mediation relating to a range of construction issues arising on 4 large scale wind farm projects with claims exceeding AUD 300 million.
  • Instructing solicitor in 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.
  • Assisting and managing AUD 7 million adjudication for claims arising in connection with the construction of a hospital. The dispute proceeded to litigation (for some interlocutory hearings) and then to arbitration.
  • Lead successful adjudication application for a chemical processing contractor for a total value of approximately AUD 700,000.
  • Assisting with Supreme Court proceeding between Outback Energy Hunter Pty Ltd, New Standard Energy PEL 570 Pty Ltd and Sundance Energy Australia Limited in South Australia.
  • Preparation and management of successful adjudication application for major electrical company in relation claims, arising in connection to a contract for the supply of transformers and, with a total value of approximately AUD 1.5 million.

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.

Admissions

  • New South Wales (2016)

Education

  • 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