Specialisation

Josh is an experienced litigator in our Transaction Disputes team. With experience in complex commercial and construction litigation, Josh has a strong technical skill set which is complemented by a commercial and practical approach when assisting clients with their disputes.

Josh is a staunch advocate and has acted for a variety of clients throughout Australia, from Magistrates Court to Supreme and Federal Court matters. He has comprehensive experience in significant Security of Payment adjudications, acting on behalf of both claimants and respondents.

Josh’s experience includes:

  • Advising companies, directors, shareholders and trustees about their rights and obligations in various commercial contexts;
  • Acting for an apartment purchaser in a residential property dispute about variations and penalties;
  • Advising an Australian entity on the consequences of terminating a contract between one of its international subsidiaries;
  • Advising a telecommunication infrastructure business in relation to a planning appeal in Victoria;
  • Advising a manufacturing client in an arbitration arising out of a commercial construction contract dispute about variations, extensions of time and liquidated damages; and
  • Advising an ASX listed company on an ACCC merger clearance to ensure the successful acquisition of a portfolio company.

Josh was named as ‘One to Watch’ in the area of Construction/Infrastructure Law in Best Lawyers 2024 edition and is listed as a ‘National Rising Star’ in the area of Litigation in Doyle’s Guide 2021.

Transactions
Overview
Details
Client: Construction
Transaction Type: Transaction Disputes
Dispute Type: Sale & Purchase Dispute. Our client supplied electrical equipment to a head contractor but was not paid its final progress claim for that supply. We implemented a successful strategy which saw our client commence arbitration proceedings against the head contractor with a view to proceeding through to trial if a negotiated outcome could not be reached. Despite an alleged $8 million counterclaim by the head contractor, we helped our client negotiate an outcome which saw it recover a large portion of its final progress claim, resolve the head contractor’s counterclaim, and avoid the time and significant expense of a trial.
Overview
Details
Client: Online Education
Transaction Type: Transaction Disputes
A shareholder left our client company and started a business in competition with our client in breach of the restraints in their employment contract and shareholder agreement. We negotiated agreement to a 2 year restraint without commencement of litigation. 
Overview
Details
Client: Property Development
Transaction Type: Transaction Disputes
Dispute Type: Ownership Dispute. Our clients’ former business partner commenced complex legal proceedings against our clients seeking to be paid profits in a property development of around $1 million. We successfully executed a dual litigation/mediation strategy, leading to a favourable negotiated outcome for our clients at mediation. The resolution saw the business partner end the legal proceedings and our clients pay around only half of the claim against them, as well as avoiding at least $500,000 of legal costs that our clients would have incurred in defending the proceedings.