Senior Associate

Damien Simonetti

Damien Simonetti

Senior Associate

BA, LLB


Legal secretary: Chris Olsen

+61 3 8600 0708

dsimonetti@kcllaw.com.au

Damien specialises in construction and infrastructure law. He works with head contractors and principals to deliver front and back end solutions while focusing on developing and maintaining strong client relationships.

Damien has advised and represented head contractors and principals in medium-to-large commercial and domestic projects utilising a wide range of Australian and other standard contracts. He has also conducted and assisted with proceedings in the Supreme Court, County Court, Magistrates' Court and Victorian and Civil Administrative Tribunal.

Damien also advises clients in relation to Australian Consumer Law, insolvency and bankruptcy, insurance, proportionate liability, personal property security, contract, negligence and equity.

Since joining KCL Law in 2014 (then called Kliger Partners), Damien has developed comprehensive legal, technical and industry knowledge in construction and infrastructure law. He is completing a Masters in Construction Law at The University of Melbourne.

Damien is a member of the Law Institute of Victoria and the Society of Construction Law Australia.

Areas of practice

Construction and infrastructure (front end)

Domestic, commercial, mixed-use, industrial and infrastructure contracts ranging from $1m to $60m

Drafting and advising on contractual procurement:

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

Contract Administration:

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

Security of Payment (most States):

  • Key amendments to construction contracts
  • Preparing Payment Claims and Schedules
  • Adjudication submissions and responses
  • Advising clients on how to utilise the Act
  • Personal Property Security Act 2009
  • Key amendments to construction contracts
  • Preparing Security Agreements and Registering Security Interests

Construction and infrastructure (back end)

  • Residential and commercial projects and road and rail infrastructure disputes ranging from $100k to $15m
  • Pre-litigation advice
  • Supreme Court, County Court and Magistrates’ Court (commercial, industrial construction and infrastructure disputes)
  • VCAT (domestic building)
  • Commercial arbitration / expert determination
  • Negotiating and preparing settlement agreements including guarantee and indemnity
  • Briefing and instructing Counsel, Senior Counsel and experts
  • 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
  • Creditor’s statutory demands and bankruptcy notices
  • Winding up companies

Insurance

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

Professional memberships

  • Law Institute of Victoria
  • Society of Construction Law Australia