Stewart McWilliam
Stewart is an experienced commercial dispute resolution lawyer, with particular expertise in construction disputes and arbitration in the energy and resources sectors.
Stewart has been practising in commercial dispute resolution for over 15 years.
His practice focuses particularly on:
- construction and infrastructure disputes; and
- arbitration (international and domestic) in the energy and resources sectors.
Stewart is also experienced in general commercial litigation and the resolution of contractual disputes.
In 2020 and in 2017, Stewart was listed as a Rising Star in Australia for Construction & Infrastructure by Doyles Guide.
Stewart has a wide variety of commercial dispute resolution experience, having assisted clients with disputes:
- on renewable and ‘new energy’ projects, including solar farms, wind farms and waste-to-energy facilities
- arising out of commercial contracts, including supply agreements, offtake agreements and shareholders agreements
- between power utilities, contractors, suppliers and customers
- in relation to construction projects, involving complex delay claims, time bars, variation claims, liquidated damages claims and calls on security
Stewart has experience in all key forms of alternative dispute resolution and a good understanding of the energy and resources sectors.
Experience & capabilities
Selected matters
Construction and infrastructure disputes
- The State of Western Australia in Supreme Court proceedings with John Holland Pty Ltd relating to the construction of the New Perth Children’s Hospital
- seeking, and resisting, urgent interlocutory injunctions for clients on construction projects, including for the return of materials, access to land and in respect of attempts to call on performance security
- Samsung C&T Corporation in respect of adjudications, Supreme Court litigation and Court of Appeal proceedings in relation to the Roy Hill Iron Ore project
- international EPC contractor to defend numerous claims brought by subcontractors on a large resources project
- international project proponent in respect of disputes concerning the construction of a solar farm
International and domestic arbitration
- international EPC contractor in a SIAC arbitration, seated in Singapore, in relation to disputes concerning the construction of a large mining infrastructure project in Western Australia
- large mining client in an international arbitration in respect of a pricing dispute arising out of a mineral offtake agreement
- advising a Southeast Asian government agency in a SIAC arbitration concerning claims relating to an airport redevelopment and expansion project
- clients across various industries in domestic commercial arbitrations concerning the construction of mining infrastructure and waste processing facilities, and for the recovery of cost overruns resulting from a construction suspension
Background
Stewart graduated from the University of Western Australia with a Bachelor of Laws (with Distinction) and Bachelor of Commerce (with majors in Corporate Finance and Financial Accounting).
He was admitted to practice as a barrister and solicitor in Western Australia in 2009 and is admitted to practice in the Federal and High Courts of Australia. He is a member of the Law Society of Western Australia and has published, and spoken, on many commercial litigation topics, including international contracting strategies, project dispute resolution, force majeure and frustration and security of payment legislation.
Related insights
