Tenille Kearney

Disputes Experience

• Assisting with the conduct of an international arbitration concerning a parent company guarantee provided under a construction contract.
• Assisting with the conduct of two domestic arbitrations involving claims of misleading or deceptive conduct, breaches of a construction contract and gross negligence.
• Assisting with the conduct of Supreme Court of Western Australia proceedings concerning the recovery of an AU$36 million debt arising under two AS4902–2000 design and construct contracts.
• Assisting with the conduct of Supreme Court of Western Australia proceedings concerning an application for a stay under the Commercial Arbitration Act 2012 (WA).
• Assisting with two appeals before the Supreme Court of Western Australia Court of Appeal. One appeal arose from a Supreme Court of Western Australia decision refusing a stay of court proceedings in favour of arbitration. The other appeal related to two Supreme Court of Western Australia decisions granting summary judgment.
• Assisting with the conduct of Supreme Court of Western Australia Court of Appeal proceedings concerning applications for interim orders.
• Assisting with advice to a contractor on a major gas project in Western Australia in preparation for arbitration.
• Providing advice to an international company in respect of a dispute concerning goods supplied for a major gas project in Western Australia.
• Providing advice in relation to a mining royalty dispute and potential arbitration arising from the same.
• Appearing before the State Administrative Tribunal in a matter concerning remedial works undertaken at a strata complex, and an application for a building remedy order sought under the Building Services (Complaint Resolution and Administration) Act 2011 (WA).
• Assisting a building company in a dispute relating to professional negligence and breach of contract claims against consultant engineers.
• Coordinating and assisting with the conduct of discovery in a complex and large-scale construction contract variation dispute in the Supreme Court of Western Australia.
• Assisting with the conduct of breach of contract proceedings, an appeal from a summary judgment decision and various interlocutory applications in the Federal Court of Australia for a corporate entity in the renewable energy industry.
• Assisting with investigations into a former company officer’s conduct and to trace company assets worth more than AU$30 million.
• Assisting with a regulatory investigation into the conduct of a financial advisor.
• Assisting with the conduct of caveat extension proceedings in the Supreme Court of Western Australia for a corporate entity in the hospitality industry.
• Assisting a corporate entity in defending adverse possession proceedings in the Supreme Court of Western Australia.
• Assisting with the conduct of an appeal to the General Division of the Supreme Court of Western Australia in relation to an application for an alteration/redefinition of a licensed premises and liquor store pursuant to the Liquor Control Act 1988 (WA).
• Providing strategic and commercial advice in relation to obligations, rights, entitlements and disputes under commercial and construction contracts, and obligations, rights and entitlements under legislation.
• Provided advice as to the application of the Competition and Consumer Act 2010 (Cth) to suppliers of goods and services.
• Provided advice in relation to the power of sale of receivers and equitable chargees, and the impact of such sales on the interests of prior and subsequent security interest holders.
• Providing advice to various companies in relation to enforcement of their terms of business and strategies for debt recovery.
• Preparing statutory demands and assisting with a Federal Court of Australia winding up application.
• Assisting with the conduct of and defence of various unfair preference payment claims.
• Assisting with discovery in class action insolvency proceedings.

Commercial and Contracting Experience

• Reviewing and amending a resource company’s services contract and purchase order terms and conditions in light of the Building and Construction Industry (Security of Payment) Act 2021 (WA).
• Preparing an amended AS 4910 – 2002 contract for the supply of equipment with installation for a resource company.
• Preparing an early contractor involvement (ECI) contract.
• Preparing an amended AS 4000 – 1997 (general conditions of contract) for a shopping centre refurbishment.
• Reviewing and amending a reticulated infrastructure licence.
• Preparing sponsorship and funding agreements.
• Reviewing and amending a lift maintenance services agreement.
• Providing advice on copyright law and compliance obligations.
• Preparing online retail terms and conditions.
• Preparing privacy policies for use by online businesses.
• Preparing freedom of information applications.