Anthony Whelan

Anthony B. Whelan

Partner
Baker & McKenzie

Biography

Anthony Whelan is a partner in the Melbourne office of Baker McKenzie and is head of the Firm's Australian Construction practice. He has extensive experience in all aspects of construction law and has advised on market-leading major projects and developments in Australia and Asia. Anthony is a listed lawyer in Chambers Asia Pacific for construction.

Practice Focus

Anthony practises in all aspects of construction law ranging from preparation of contract documents, advice on contract administration and dispute resolution (both domestic and international).

Representative Legal Matters

  • Acting for plaintiffs and defendants in many types of construction disputes and in such forums as arbitration, mediation and litigation. The disputes have involved construction law, trade practices, negligence and intellectual property. Anthony has worked in a client's office for six months to advise on strategy and co-ordinate a large legal team.

  • Conducting and providing strategic advice to client's involved in major domestic and international litigation/arbitration concerning oil and gas facilities. This involved co-ordinating and organising large teams of solicitors, barristers, independent experts, in-house counsel and lay witnesses from the client.

  • Experience in the Petro-chemical industry. Anthony has negotiated and drafted construction contracts for on and off-shore process facilities together with associated documentation such as licence agreements, performance guarantees and incentive agreements.

  • Advising (and negotiating on behalf of) proprietors, contractors and subcontractors on the appropriate commercial structure and documentation on many commercial and industrial projects. The documentation has ranged from amending industry standard General Conditions to drafting project specific contracts and documents.

  • Acting for V601 Pty Ltd, a member of the Salvo Property Group, in relation to its Victorian Supreme Court proceedings against Probuild in relation to its large-scale residential development in Metropolitan Melbourne.

  • Representing Saipem (Portugal) Comercio Maritimo Sociedade Unipessoal Lda, the world's largest oil and gas contractor, in an ICC arbitration against an Australian oil and gas company. The seat of the arbitration was Singapore and the applicable substantive law is that of Western Australia.

  • Representing Nacap Asia Pacific Sdn Bhd with respect to a multinational oil and gas company in excess of a AUD 20 million SIAC Arbitration relating to the construction of gas pipelines and plant facilities in Colombo, Sri Lanka, involving Malaysian branch offices of a Dutch and Australian multinational.

  • Burns and Roe Worley, WorleyParsons and ANZ Infrastructure Services development, financing, construction and on-going operations of the Esperance power station and Kambalda to Esperance natural gas pipeline.

  • Advising Voith Hydro as electrical and mechanical subcontractor on the Snowy 2.0 project, including the negotiation and finalisation of all relevant project documents.

  • Assisting Built Environs Pty Ltd with legal issues arising out of the T1 Domestic Pier and International Departures Expansion contract with Perth Airport Pty Ltd.


Professional Associations and Memberships

  • Supreme Court of Victoria Building Cases List Users Group - Member
  • SoCLA
  • BDPS

Admissions

  • New South Wales~Australia (1998)
  • Victoria~Australia (1989)

Education

  • Melbourne University (LLB)
  • Monash University (BEc)

Languages

  • English

Previous Offices

  • Sydney