Principal Lawyer

Damien Simonetti

Damien Simonetti

Principal Lawyer

BA, LLB (Monash), LLM (Melb)


Legal secretary: Wendy Exon

+61 3 8600 0708

dsimonetti@kcllaw.com.au

Specialising in construction and infrastructure law, Damien works with builders and developers to deliver tenders and contracts, project consulting and litigious advice while focusing on developing and maintaining strong client relationships and mentoring colleagues.

Damien advises and represents builders and developers in medium-to-large commercial, infrastructure and domestic projects utilising a wide range of Australian and international standard contracts. He also advises on disputes and conducts litigation and arbitration in all jurisdictions across Australia.

Damien also advises clients in relation to Australian consumer law, insolvency and bankruptcy, distressed projects, insurance, proportionate liability, security of payment, personal property security, contract, negligence and equity.

Damien has sharp technical and industry knowledge in construction and infrastructure and has recently completed a Masters in Construction Law at The University of Melbourne. He is a member of the Law Institute of Victoria, Society of Construction Law Australia, Housing Industry Association and Property Council of Australia — Victoria Division.

Damien joined KCL Law in late 2014 and was appointed Principal Lawyer in July 2020.

Areas of practice

Construction and infrastructure (front-end)

Domestic, commercial, mixed-use, industrial and infrastructure contracts ranging from $1m to $250m

Drafting and advising on contractual procurement:

  • Tender submissions
  • D&C contracts and subcontracts (bespoke, AU Standards, ABIC, NCW4)
  • Builders side deeds
  • Deeds of novation
  • Consultant agreements

Contract administration and project consulting:

  • Advising on all aspects of risk allocation
  • Variations, EOT's and latent conditions (claims and assessments)
  • Prolongation and delay damages claims
  • Liquidated damages and distressed projects
  • Defects claims
  • Enforceability and impact of time bars, indemnities and consequential loss
  • Frustrated contracts and Force Majeure

Security of payment (all states and territories):

  • Key amendments to construction contracts
  • Preparing payment claims and schedules
  • Adjudication submissions and responses
  • Advising clients on how to utilise the SOP Act

Personal Property Security Act 2009

  • Key amendments to construction contracts
  • Preparing Security Agreements and registering security interests and advice

Construction and infrastructure (back-end)

Domestic, commercial, and airport, road and rail infrastructure disputes ranging from $100k to $25m

  • Pre-litigation advice and pursuing overseas companies
  • Supreme Court, County Court and Magistrates’ Court
  • Victorian Civil and Administrative Tribunal
  • Commercial arbitration / expert determination
  • Pleadings and Discovery
  • Briefing and instructing Counsel, Senior Counsel and experts and evidence/facts investigation
  • Negotiating and preparing settlement agreements including guarantee and indemnity
  • Court / Tribunal appearances:
    Directions
    Applications
    — Mediations / compulsory conference
  • Reviewing and advising on costs

Insolvency and bankruptcy

  • Advising on procedures for winding up and bankruptcy and recovery for creditors
  • Debtor recovery and enforcement
  • Creditor’s Statutory Demands and Bankruptcy Notices
  • Winding-up companies

Insurance

  • Advising on insurance policies and facts review
  • Preparing claims for indemnity
  • Liaising with insurers during claims process

Professional memberships

  • Law Institute of Victoria
  • Society of Construction Law Australia
  • Housing Industry Association
  • Property Council of Australia — Victoria Division

Admitted to practice

  • August 2010 — Supreme Court of Victoria