Tom French

Tom FrenchNational Councillor

Tom specialises in commercial dispute resolution (including litigation, arbitration, and adjudication) in projects & construction, energy & resources, and professional practices.

Tom regularly advises contractors, principals, and engineers on major infrastructure disputes in respect to the construction of infrastructure on significant mining and resources projects in the Asia Pacific region, and in respect to the construction of significant commercial projects in Western Australia. Tom also acts for resources companies and services contractors in respect of commercial disputes, including oil and gas, iron ore, wind and solar, lithium, and uranium.

Tom has appeared in all superior courts in Western Australia and New South Wales, and the Federal Court and Full Federal Court of Australia, on appeals, trials, and interlocutory matters. He has also appeared in the High Court of Australia.

 

Career highlights

  • Acted for a top tier contractor in respect of disputes arising out of Optus Stadium.
  • Acted for a national contractor in respect of claims upstream arising out of the construction of solar and wind farms in Queensland.
  • Acted for an iron ore producer in respect of rectification of mining infrastructure and business interruption claims following a fire on site. 
  • Acted for an international contractor in respect to disputes arising out of the construction of the Combined Cycle Power Plant on the Ichthys LNG Project;
  • Acted for an international contractor in respect to a dispute in the Supreme Court of Western Australia arising out of the construction of a loading platform facility on the Wheatstone LNG Project;
  • Advised an international contractor in respect to a dispute arising out of the construction of infrastructure on the Roy Hill Iron Ore Project;
  • Acted for a national contractor in respect to disputes arising out of the construction of the Perth Children's Hospital;
  • Acted for and advised a top tier national contractor in respect to disputes arising out of the construction of significant projects in the Perth metropolitan area;
  • Acted for a Houston based oil and gas major in respect of claims under trade practices legislation of more than AUD 100 million in multiple legal proceedings before the Federal Court of Australia involving gas sale contracts;
  • Acted for a large public oil and gas company in relation to the explosion of a pipeline feeding into Western Australia;
  • Appeared as counsel for a top tier national contractor in the Supreme Court of New South Wales in relation to a significant dispute involving the construction of a commercial strata complex;
  • Acted for the principal against engineers on a professional indemnity claim in relation to a mining production plant in Africa and for an insurer defending a professional indemnity claim against engineers in relation to the design of a mining production plant in the Dominican Republic;
  • Acted for various commodity trading companies as charterers in relation to disputes with vessel owners involving the arrest of vessels in Western Australia and for ship owners in relation to vessels under arrest in Queensland and Western Australia;
  • Advised ship owners in Korea on issues relating to cross-border insolvency in Australia under the UNCITRAL Model Law on Cross-Border Insolvency and the Cross-Border Insolvency Act 2008 (Cth);
  • Advised on obtaining interim measures under the International Arbitration Act 1974 (Cth) against third parties in Australia in relation to arbitration proceedings in London;
  • Advised a panel of three arbitrators on procedural aspects of expert evidence in relation to an international arbitration in Australia under the ICC Rules.