Profile
Lindsay has a practice in commercial litigation and arbitration with a particular focus on building and construction disputes.
He has appeared led and unled across a range of jurisdictions, including the Supreme Court of Victoria, the Supreme Court of New South Wales, the Federal Court of Australia, the County Court of Victoria and the Victorian Civil and Administrative Tribunal. He also represents clients in private and court-facilitated mediations and other ADR processes.
In addition to his general practice, Lindsay has advised clients on specialised disputes and claims including:
- proceedings before the Building Appeals Board;
- adjudications under Security of Payment legislation;
- claims under the Water Act 1989 (Vic); and
- disciplinary proceedings and investigations under various building and professional conduct laws and regulations.
Lindsay holds a Master of Construction Law from the University of Melbourne and has been published on construction law and arbitration matters. He is the co-author of a chapter on regional issues in the Global Arbitration Review’s Guide to Construction Arbitration (co- authored with Andrew Stephenson).
Before being called to the bar, Lindsay was a Senior Associate at Corrs Chambers Westgarth where he acted on large-scale litigation and arbitral proceedings and advised some of Australia’s largest construction, mining and energy firms on commercial and construction law issues.
Lindsay is a member of the Society of Construction Law Australia and the Building Dispute Practitioners’ Society.
Appearances
Lindsay has been briefed in over 300 matters at the bar, including many technology, engineering and construction law cases. His recent / notable cases include the following:
Construction law
Witt & Sohn AG V CPB Dragados Samsung Joint Venture Parties – acting for a subcontractor in a Supreme Court of New South Wales proceeding involving claims and counterclaims exceeding $30million (led by Michael Roberts KC)
Xu Hui International Group Co Pty Ltd v Lu Simon Builders Pty Ltd – acting for a developer in a Supreme Court of Victoria proceeding involving claims for delay costs, variations and the return of bank guarantees (led by Romauld Andrew KC)
Owners Corporation 1 Plan No. PS604364T and Owners Corporation 3 Plan No. PS604364T v VM Romano Construction Group Pty Ltd / VM Romano Construction Group Pty Ltd v BCG (Aust) Pty Ltd & Ors – acting for a developer in a VCAT / County Court cladding proceeding involving claims exceeding $4million (led by Romauld Andrew KC)
General commercial
Charles Lloyd Property Australia Pty Ltd & Anor ats Fast Earn Pty Ltd – acting for a developer in a County Court of Victoria proceeding involving claims and counterclaims exceeding $1million (led by Jeremy Twigg KC)
Bastion EBA Pty Ltd v St Kilda Football Club Limited – acting for an AFL football club in a County Court proceeding involving claims for breach of contract (led by Jack Rush KC and Nick De Young KC)
Appeals
Esposito v The Victorian Legal Services Board [2021] VSC 834 – acting for the Legal Services Board in a Supreme Court of Victoria appeal proceeding (unled)
Water Act
Davies v Owners Corporation 1 PS414649K (Building and Property) [2019] VCAT 1159 – acting for “the Level 9 Owners” in a VCAT Water Act 1989 (Vic) proceeding (unled)
Owners Corporation 1 Plan No Ps 620956A v Wang & Anor / Wang & Anor v Hansen Yuncken Pty Ltd – acting for a penthouse owner in a VCAT proceeding involving claims under the Water Act 1989 (Vic) and the Domestic Building Contracts Act 1995 (Vic) (unled)
Security of Payment Act
Blue Fire Developments Pty Ltd v Promax Developments Pty Ltd & Anor – acting for the owners in a Supreme Court of Victoria judicial review proceeding (led by Jeremy Twigg KC)
Piastrino v Seascape Constructions Pty Ltd [2022] VSC 202 – acting for the owners in a Supreme Court of Victoria judicial review proceeding (led by Romauld Andrew KC)
Saath v Seascape – acting for owners in an adjudication process (which was successfully appealed by Romauld Andrew KC in Supreme Court of Victoria)
Domestic construction
Unik Constructions Pty Ltd v Edirisinghe (Building and Property) [2024] VCAT 49 – acting for a builder in a VCAT proceeding involving claims and counterclaims exceeding $500,000
Yang v Mega Constructions (Aust) Pty Ltd (Building and Property) [2019] VCAT 938 – acting for an owner in a VCAT proceeding involving claims exceeding $300,000
Regulatory
Brisbane City Child Care Pty Ltd v Two Fire Engineers – acting for two fire engineers in a regulatory complaint made to the Board of Professional Engineers of Queensland (unled)
Alternative Dispute Resolution
+61 3 9225 7222
clerkb@greenslist.com.au