Emily Powe
Biography
Emily brings extensive experience providing transactional, project delivery and dispute services on complex and high value construction, infrastructure and energy projects. This work has included advising government, D&C and O&M contractors on contentious and non-contentious PPP and major infrastructure projects, advising EPC and O&M contractors on complex project delivery issues on energy and infrastructure projects, and all forms of dispute resolution including litigation, arbitration, adjudication and expert determination across various sectors of the construction industry.
Professional experience
Representative experience
Representative experience
- Canadian Solar Construction Pty Ltd v Re Oakey Pty Ltd [2023] QSC 288: Acting for the successful contractor in relation to disputes concerning non-payment of a payment claim and defending allegations concerning estoppel, misleading and deceptive conduct and unconscionability.
- RE Oakey Pty Ltd v Canadian Solar Construction (Australia) Pty Ltd; Canadian Solar Construction (Australia) Pty Ltd v RE Oakey Pty Ltd [2024] QCA 202: Successfully defending an appeal in respect of the above matter.
- Solar Farm Arbitration ($110M): acting for a solar energy head EPC contractor in respect of arbitration proceedings concerning alleged non-compliances with performance requirements and the certification of substantial completion under the EPC contract.
- Supreme Court of Queensland – Injunction Proceedings: Successfully obtained an injunction in the Supreme Court of Queensland restraining the Principal from having recourse to bank guarantees provided by an EPC Contractor under an EPC Contract.
- Solar Farm Project Advice (Multiple): assisting the EPC and O&M Contractor on all aspects of several complex solar farm projects, including advising on, negotiating and successfully resolving contentious issues, and navigating competing JV obligations.
- ANSTO Nuclear Medical Manufacturing Facility Project: part-time secondment to the Australian Nuclear Science & Technology Organisation to support the $1B redevelopment of its nuclear medicine facilities. Responsibilities include advising, liaising with and taking instructions from project teams, government officials and other stakeholders in developing a procurement strategy for the new nuclear medical manufacturing facility, as well as preparing tender packages and project documentation for the procurement of these works.
- NSW Department of Education, School Infrastructure (Principal Legal Officer) – secondment to School Infrastructure NSW, reporting directly to Deputy General Counsel. Responsibilities include supervising senior legal counsels and legal counsels, advising School Infrastructure Executives and project teams on a range of legal matters, including in relation to ongoing complex disputes, project delivery matters, dispute avoidance strategies, commercial matters, and negotiating contracts with entities such as Transport for NSW, Sydney Water, design consultants and large contractors.
- Western Roads Upgrade PPP Project Advice, Contract Negotiation and Amendment: assisting the O&M and pavement construction contractor on all aspects of a complex brownfield roads PPP, including negotiating contract amendments, preparing subcontracts, preparing a contract administration manual and
conducting training and general operational and delivery advice. Advising on, negotiating and successfully settling complex contentious issues. - Sydney Metro Western Sydney Airport: SSTOM package: advising a D&C JV on its successful bid for the Sydney Metro – Western Sydney Airport stations, systems, trains, operations and maintenance package. Preparation of D&C Contract administration manual and negotiation of downstream subcontracts.
- Sydney Light Rail Project: advising the contractor on potential insurance claims arising on the Sydney Light Rail Project as a result of alleged Operations Control Centre HVAC defects, turnout defects and weld defects arising on the project.
- Inner West Light Rail: advising the contractor on claims alleging defects in trams procured under the original Inner West Light Rail Supply Contract. Negotiating and drafting inputs into the Inner West Light Rail Remediation Deed, and advising the contractor on GIPA issues.
- Confidential Prison PPP Project Advice: advising the O&M contractor in relation to its rights and entitlements in respect of inmate numbers.
- Parramatta Light Rail: providing ongoing project delivery advice to the D&C contractor.
- Maribyrnong Bridge Package: advising a D&C contractor on its successful bid for the Maribyrnong Bridge Duplication, forming part of the Melbourne Airport Rail Link Project. Drafting downstream subcontract suite and contract administration manual.
- International Arbitrations: Defending a foreign government in international arbitrations concerning infrastructure projects and achieving outcomes whereby the government had to pay less than 10% of the amounts claimed; Acting for one of the world's largest turbine suppliers in an international arbitration and related dispute resolution concerning a $600M+ expansion program for a geothermal power station in NZ.
Rankings and recognitions
Rankings and recognitions
Society of Construction Law Australia 2023 Charrett Moot Grand Finalist.
Macquarie University 2020 Dean's Award for Outstanding Academic Achievement in Law.
Education
Education
Macquarie University, Sydney NSW Australia
Bachelor of Arts with the Degree of Bachelor of Laws (First Class Honours)
Michigan State University, Michigan, USA
Diploma in International Litigation and Arbitration
College of Law Sydney
Graduate Diploma of Legal Practice
Admissions
Admissions
- Supreme Court of New South Wales 2021
- High Court of Australia 2021
Publications
Speaking engagements
Speaking engagements
- 2023, 2024 and 2025 Society of Construction Law Australia National Conference
- 2022 Association of Australian Certifiers' EPIC Conference
Memberships and activities
Memberships and activities
Society of Construction Law Australia
National Association of Women in Construction (NAWIC)
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