Scott Francis

Special Counsel

Scott has over 18 years’ litigation and dispute resolution experience in leading global and national law firms.

He specialises in construction dispute resolution (litigation, arbitration, adjudication and expert determination) and has acted for national and international construction companies, developers and State Government, including disputes arising out of large scale civil engineering infrastructure projects, public and private investments and major commercial property developments.

Scott has been recognised as a recommended dispute resolution lawyer by legal directory Asia-Pacific Legal 500.

 

SCOTT’S EXPERTISE

  • Construction Dispute Resolution
  • Construction and Engineering Disputes
  • Construction, Major Projects & Infrastructure
  • Energy & Resources
  • Transport Infrastructure
  • Mining & Minerals
  • Oil & Gas
  • Power
  • Water & Waste
  • Litigation & Dispute Resolution
  • Commercial Litigation
  • Property & Real Estate
  • Major Leasing Transactions
  • International Arbitration

 

Construction Disputes

  • Acted in ICC multi-jurisdictional arbitration prosecuting a $1.6 billion claim arising out of Australia’s largest LNG project in Western Australia, involving over 100 individual variations and delay claims.
  • Acted for joint venture in $128 million dispute with contractor, involving variations and delay claims arising out of the construction of an iconic Queensland infrastructure project.
  • Acted for Rio Tinto in dispute with contractor over the rehabilitation of land neighbouring the Alcan Gove Alumina Refinery.
  • Acted for Earth Commodities in Supreme Court proceeding concerning the supply of faulty bagging plant and equipment at Bundaberg silica quarry.
  • Acted on various adjudication applications made under the Building and Construction Industry Payments Act (Qld)
  • Acted for Queensland Government body in accelerated expert determination dispute against consortium of contractors for the supply of services at new iconic PPP medical facility.

 

Recent Experience

  • Acted for liquidators and receivers of Forge group in multi-million dollar Supreme Court (and Court of Appeal) dispute against RCR O’Donnell Griffin regarding the right to levy liquidated damages and convert bank guarantees after termination, including seeking injunctive relief in the Court of Appeal (RCR O’Donnell Griffin Pty Ltd v Forge Group Power Pty Ltd (Receivers and Managers Appointed) (in liq) & Ors [2016] QCA 214 (15/9125).
  • Acted for Bechtel in $5.5 million Federal Court delay and disruption claim by York Civil against BHP Billiton and Bechtel arising out of the supply of contracting services at the South Walker Creek mine.

 

Mining, Infrastructure and Resources Disputes

  • Acted on International Chamber of Commerce Arbitration for US-based mining entity in relation to $30 million damages claim brought by subsidiaries of ASX-listed company concerning the purchase of the shares in an entity which holds lithium and ulexite mining assets in Argentina.
  • Acted for a multi-national mining and resources company in relation to a foreign arbitral award delivered by the ICC International Court of Arbitration in India for damages, interest and costs totalling approximately US$160 million against the client and a co-respondent.
  • Acted for multi-national mining and resources company in a $9 million dispute concerning the supply of coal to an aluminium factory following a force majeure event resulting from serious rainfall in Queensland.

 

Commercial Property Disputes

  • Acted for Rio Tinto in a Supreme Court proceeding defending a $47 million claim by Walker Corporation arising out of negotiations over an agreement to lease.
  • Acted for Australian property developer in Supreme Court of NSW multi-million dollar claim in defending claim by Mirvac concerning rights under a profit sharing agreement in relation to a major Sydney property development. (Liberty Grove (Concord) Pty Ltd v Mirvac Projects Pty Ltd [2008] NSWSC 113.)
  • Acted for Seisia Community Torres Strait Islander Corporation in relation to an ongoing Supreme Court dispute with Northern Peninsula Area Regional Council regarding the divestment of various commercial enterprises and the granting of leases over DOGIT land following the amalgamation of various local councils.

 

Corporate Disputes

  • Acted for major public company advising on $79 million dollar claim against former directors and top tier auditing firm in relation to misleading and deceptive representations made by the former directors and auditor concerning the assets and earnings of the acquired entity.
  • Acted for US entity in defending injunction proceedings and application for asset freezing orders brought by the Australian Consumer and Competition Commission in the Federal Court of Australia concerning alleged contraventions of trade practices legislation (including breaches of enforceable undertakings) in the sale and marketing of online retail businesses in Australia.

 

Contractual Disputes

  • Acted for a Chinese and Japanese backed consortium in relation to a dispute (and expert determination) arising out the acquisition of Australia’s largest cotton farm and irrigation project.
  • Acted for publicly listed company in Supreme Court of NSW injunction proceedings against Australian and American companies concerning competing equitable rights to exploit patented mono-unsaturated milk technology in 14 different European jurisdictions.
  • Acted for publicly listed telecommunications company in relation to $14 million claim brought in the Supreme Court of NSW by Vodafone (including an appeal hearing in the Court of Appeal and an application for special leave to appeal the principal claim to the High Court)

 

What People Say About Scott

Asia Pacific Legal 500, 2013:

Recognised Dispute Resolution Lawyer

Client Corporation:

We are indebted to Scott for his tireless efforts in driving an outstanding outcome on a very difficult piece of protracted litigation.

Foreign Resources Company:

The insightful strategic approach to this complex litigation has produced an outcome which exceeded expectations.

Global Engineering Company:

Scott has displayed the perfect mix of professionalism and personality