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Patrick Kerin

Special Counsel

Patrick is an experienced commercial litigator, with a particular focus on the building and construction industry. He is a Special Counsel within the firm’s construction, infrastructure and engineering team. As part of the team, Patrick is involved in dispute resolution ranging through litigation, mediation, expert determination and arbitration – as well as front-end advisory work primarily to the firm’s commercial construction clients involving contract drafting, negotiation, risk advice and management, and project life cycle management.

In 2022, Patrick was recognised as a Rising Star in the Construction Law field by Doyle’s Guide.

Patrick regularly acts as solicitor and counsel in the various State and Federal Courts and Tribunals. Patrick is committed to guiding clients through complex legal processes with a strategic and commercially pragmatic approach.

Patrick was admitted to practice in 2016, and in 2017 he served as Associate to the Honourable Justice Tim Stanley of the Supreme Court of South Australia.

Patrick is the author of Thomson Reuters’ commentary in relation to the Building and Construction Industry Security of Payment Act 2009 (SA), part of its Commercial Arbitration Law and Practice product offering.

Patrick regularly provides training and seminars to clients and the legal industry in relation to construction industry topics including adjudications under the Security of Payment Act and risk management in commercial contracting.

Key Experience

Patrick’s key experience includes:

  • Acting for a large civil construction contractor in respect of a multi-million dollar claim against it in respect of monies paid pursuant to latent site conditions in the Supreme Court of South Australia, including instructing Queen’s Counsel.
  • Acting for a State government department in respect of several major roadworks, highway and bridge construction projects, including to:
    • prepare and advise on contract and tender documentation;
    • provide advice in relation to the contract management throughout the life cycle of projects;
    • prepare a large-scale project management and government funding agreement; and
    • resolving disputes through litigious and non-litigious processes.
  • Provided life cycle project management, risk minimization and dispute resolution advice to a multinational technology company in respect of the construction of a large prison.
  • Providing life cycle project management and risk minimization advice to a large civil construction contractor in respect of the design and construction of a mega distribution centre.
  • Acting for a large civil construction contractor in respect of an unpaid contract sum and alleged defects dispute related to a large food processing facility, in the District Court of South Australia.
  • Defending a claim for breach of contract, negligence and breaches of the consumer law on behalf of a large engineering firm, in respect of commercial construction works.
  • Successfully defended several large multi-million dollar adjudication applications under the Building and Construction Industry Security of Payment Act on behalf of a multinational technology company.
  • Acted for a large commercial electrical contractor in respect of claims for payment, including considering complicated issues arising with variations, extensions of time and defects, in respect of a large water and irrigation infrastructure project.
  • Acting for a mid-sized electrical, plumbing and gas contractor in defending several regulator’s enforcement actions for alleged breaches of the consumer law.
  • Representing a large not-for profit organisation in respect of a multi-million dollar taxation dispute in the Supreme Court of South Australia
  • Successfully represented as solicitor and counsel, a commercial fishery in respect of a quota entitlement dispute in the SACAT
  • Advising and representing employers and employees in respect of a variety of employment claims including in respect of:
    • underpayment claims;
    • unfair dismissal claims; and
    • adverse action claims.
  • Acted on behalf of a variety of claimants and respondents in a number of adjudications under the Building and Construction Industry Security of Payment Act.
  • Acting for a variety of large and small civil construction contractors and subcontractors in commercial construction disputes.
  • Acting for a variety of large and small builders, contractors, subcontractors and owners in residential construction disputes.
  • Acting in respect of various worker’s liens claims under the Worker’s Liens Act.
  • Providing advice to, and representing, a variety of private corporate clients and individuals in respect of general commercial matters and disputes.

Areas of Practice

  • Construction, infrastructure and engineering
  • Commercial litigation and dispute resolution
  • Front end contract drafting, negotiation and advice
  • Project life cycle advice
  • Employment disputes
  • Taxation law
  • Fishing Law
  • Transport, freight and logistics
  • Defamation law
  • Insolvency and restructuring
  • Debt recovery
  • Property disputes
  • Estate litigation
  • Competition and consumer law
  • Space law

Memberships, Committees and Awards

  • Doyle’s Guide Construction Law Rising Star 2022
  • The Law Society of South Australia
  • Co-Chair of the Law Society of South Australia’s Young Lawyers’ Committee
  • Law Council of Australia’s Young Lawyers’ Committee
  • The Law Society of South Australia's Space Law Committee Member
  • Space Law Council Australia and New Zealand Member