Amy Dunphy

Special Counsel
Norton Rose Fulbright Australia


Biography

Amy Dunphy is a highly experienced construction, projects and infrastructure lawyer who provides complex advice to a wide range of private and government clients on both front and back end matters.

Amy has very extensive disputes experience and is strongly committed to taking a practical and commercial approach to suit her client's individual goals and having regard to the specific claim(s).

Amy has acted in a wide range of complex international and domestic arbitrations, in proceedings in various Supreme Court jurisdictions and in relation to security of payment claims and adjudications in various Australian States. Amy regularly advises on and uses all forms of alternative dispute resolution (including expert determination, negotiation and mediation) to provide outstanding outcomes for her clients.  

She is highly experienced in providing strategic advice on contact administration and claims management in an effort to avoid or mitigate disputes (where possible).   

Amy is a trusted advisor to her clients and is known for being approachable and responsive. She is able to work easily with project teams and in-house counsel to support and collaborate with them in an efficient, cost-effective and solution driven way.

Amy's broad construction experience enables her to support clients over the life of a project. She also advises on project procurement and delivery, risk allocation and contract structuring. She is highly experienced in contract drafting and negotiations – offering both a strategic and commercial approach.

Amy is also a recognised National leader in the emerging areas of future transport, automation and digital infrastructure. She is at an advanced stage of a PhD on Connected and Automated Vehicles and the legal implications they present (part time). Amy has spoken at a range of national and international forums and to senior clients on this cutting edge topic.


Professional experience

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  • Bachelor of Arts / Laws (Hons) - University of Queensland
  • Master of Laws -  Australian National University 
  • Phd (currently undertaking) - Queensland University of Technology
  • Supreme Court of Queensland
  • High Court of Australia
  • Major gas company - acted in relation to a confidential multi-billion dollar ICC arbitration concerning the construction of a significant LNG project. 
  • Major contractor JV - acted on a multi-billion dollar dispute involving expert determination and arbitration proceedings, and related negotiations, concerning the construction of a significant road and tunnel infrastructure project. 
  • Major mining company - acted in a series of security of payment disputes, and in related expert determination proceedings, concerning works for the upgrade of a coal handling and preparation plant on a major mine site. 
  • Multiple in-house secondments to major contractors and companies working in the construction industry. 
  • Multiplex - acted for Multiplex in Supreme Court proceedings brought by its steel contractor on the Perth Stadium. This included preparing a defence and counterclaim, engaging quantum and delay experts and providing strategic advice.
  • WestConnex New M5 - secondment as Project Counsel on the 9+ billion project, including working closely with the commercial director and leadership team, negotiating downstream contracts and providing general legal and strategic advice.
  • Wiggins Island Coal Export Terminal – acted for WICET in relation to multiple Supreme Court disputes concerning the construction of its $2.6 billion port facility.
  • Albemarle Corporation – acted in preparing construction and services agreements for Albermarle in relation to its US$1.3bn acquisition of a 60% interest in Mineral Resource Limited's Wodgina Lithium Project in Western Australia, sale of a 40% interest in part of the Kemerton lithium hydroxide facility and formation of the MARBL Lithium joint venture with Mineral Resources. 
  • Queensland Department of Transport and Main Roads - acted on the procurement of new contracts for bus transport services throughout SEQ. 
  • Seqwater - acted for Seqwater to prepare contracts under the QITC (and former GITC) frameworks and provide contract administration training and support during the life of the projects. 
  • Acted for various principals and contractors (including Lendlease Building Pty Ltd and BP) in bringing or responding to claims brought under security of payment legislation in multiple jurisdictions in Australia, and subsequent litigation and applications.
  • Multiple Councils - supporting multiple councils (including Cairns Regional Council, Townsville City Council, Toowomba Regional Council, Central Highlands Regional Council, Sunshine Coast Regional Council, Gold Coast City Council and South Burnett Regional Council) in relation to contract procurement and negotiations, contract administration and dispute work (including under security of payment legislation and in Supreme Court proceedings).  
  • Presented at the 4th International Driverless Vehicle Summit  (2019) on the privacy implications of driverless vehicles 
  • Multiple boardroom and senior leadership presentations on the legal implications of connected and automated vehicles
  • Chair of Queensland Law Society Essentials Courses - including presentations on drafting pleadings, witness statements and affidavits and gathering evidence in civil proceedings
  • Past member of Queensland Law Society's Early Career Lawyers' Committee
  • Past member of the National Association of Women in Construction committee
  • Current member of Society of Construction Lawyers Australia Future Technologies working group
  • English