Skip Ribbon Commands
Skip to main content

Find a lawyer:


Search

Find by expertise »»


Find people A - Z:

A B C D E F
G H I J K L
M N O P Q R
S T U V W X
Y Z

  • Peter Megens

    Partner
    Melbourne
    T: +61 3 9643 4253
    M: +61 417 059 247
 

 Professional Biography

 

  • Peter Megens is one of Australia's leading practitioners in international arbitration and construction law. Peter is a partner in the firm's Melbourne office. He has 30 years’ experience specialising in construction, energy, natural resources, infrastructure, project structuring and dispute resolution (including mediation and domestic and international arbitration).

    Peter has been listed as a leading individual for Alternative Dispute Resolution, Construction/Infrastructure and International Arbitration in Best Lawyers 2012.

    Recognised as “one of the heavy hitters for infrastructure and construction litigation” (leading lawyer, ALB 2009), Peter is expert in contentious matters of all kinds, whether court-based, or involving arbitration, mediation or negotiation while maintaining an active commercial practice.

    Peter is a former National Councillor and Chapter Chairman of the Institute of Arbitrators and Mediators Australia. He is a current Vice President of the Chartered Institute of Arbitrators (Australian Chapter). He is also a director and Vice President of the Australian Centre for International Commercial Arbitration, a Chartered Arbitrator and a Graded Arbitrator.

    Peter advised Transfield Obayashi Joint Venture as builder of the Melbourne City Link Project on contract and regulatory matters, as well as on dispute resolution arising out of the project. He acted for a major Australian contractor on international arbitrations in ICC Arbitration proceedings on a large-scale hydroelectric BOOT scheme in the Philippines and an infrastructure asset in Malaysia. He has also acted on international arbitrations on defence and road projects in South East Asia.

    Peter was nominated as a leading individual in Construction by Chambers Global 2012 APL 500 2008/2009, PLC Which Lawyer? 2009 and Best Lawyers International (Australia) 2009.

    Chambers 2011 said Peter fights hard to the very end to give the very best.

    Chambers Global 2012 describes Peter as an excellent litigator and a key player in the arbitration team and particularly highly regarded for his expertise in construction disputes.
 

 Experience

 
  • 1978: Bachelor of Commerce, University of Melbourne
  • 1979: Bachelor of Law (First Class Honours), University of Melbourne
  • 1980: Admitted to practice, Law Institute of Victoria
  • 1995: Harvard Negotiating Course at Conflict Management Centre, Melbourne
  • 1996: Graded Arbitrator and Mediator with the Institute of Arbitrators and Mediators Australia
  • 1997: Graduate Diploma in Finance Law, University of Melbourne
  • 2000: Partner, Mallesons Stephen Jaques, Melbourne
  • 2000: Victorian Chapter Chairman and National Councillor of the Institute of Arbitrators and Mediators Australia
  • 2000: Editor of the Building Disputes Practitioners Society Newsletter and Secretary of the Society
  • 2000: Admitted to practice in New South Wales, Queensland, South Australia, Western Australia and Tasmania and in the Federal and High Courts of Australia
  • 2000: Guest Lecturer, Graduate Diploma in Construction Law and the Masters in Construction Law courses, University of Melbourne
  • 2006: Councillor, Chartered Institute of Arbitrators (Australian Chapter)
  • 2006: Member, County Court Building Cases Users Group advising Judge in charge of the Building Cases List
  • 2007: Chartered Arbitrator, Chartered Institute of Arbitrators
  • 2008: Victorian Deputy Chair, Law Council of Australia Construction Infrastructure Law Sub-Committee
  • 2008: Member, Supreme Court Technology, Engineering and Construction List Users' Group advising Judge in charge of the TEC List
  • 2009: Adjunct Professor of Law, Murdoch University
  • 2009: Accredited Mediator, The Institute of Arbitrators & Mediators Australia

  • Publications include the following:

    "Different Perspectives of Construction Risk - How Should It Be Allocated" (1996) 15 AMPLA Bulletin 179.

    "Mediation in Australia: History, Policy and Application", Asian Dispute Review (January 2006).

    "Compulsion of Evidence in International Commercial Arbitration: An Asia-Pacific Perspective" (2006) 2 AIAJ 32, co-authored with Peter Chow and Paul Starr.

    "The Building and Construction Industry Improvement Act: A New Regime" (2006) 22 BCLR 181, co-authored with Meri Siracusa.

    "Mandatory national laws in international arbitration" co-authored with Max Bonnell (2007) 81 ALJ 259

    Case Note: "The Victorian Court of Appeal Clarifies the Application of Victoria's Proportionate Liability Regime to Settled Claims" co-authored with Adam Rollnik, Building Dispute Practitioners' Society Incorporated Newsletter, Issue 33 - December 2008

    "Australian Case note: Comandate Marine Corp v Pan Australia Shipping Pty Ltd" accepted for publication in the May 2009 issue of the Asian International Arbitration Journal (Volume 5, Number 1) co-authored with Beth Cubitt.

    “Contract or Conflict? An overview of the proportionate liability regime and its difficulties” by Peter Megens and Beth Cubitt, Commercial Law Quarterly June-August 2009

    “Meeting Disputants' Needs in the Current Climate: What Has Gone Wrong with Arbitration and How Can We Repair It?" by Peter Megens and Beth Cubitt, The Arbitrator and Mediator, Australia

    Case Note: “Interpretation of Construction Contracts - Floruit Holdings Pty Ltd & Anor v. Sebastian -Builders & Developers Pty Ltd” [2009] NSWCA 303 by Peter Megens and Tim Hall, Australian Construction Law Newsletter #129 November/December 2009

    Case Note: “Powers of an Arbitrator - Yarraman Pine Pty Ltd v. Forestry Plantations Queensland”[2009] QCA 102 by Peter Megens and Jade Adams, Australian Construction Law Newsletter #129 November/December 2009

    “Confused law a real liability” by Peter Megens and Beth Cubitt, Australian Financial Review, 7 August 2009

    "The current law and discovery tests applied throughout Australia" co-authored with Adam Peters and Nick Fletcher, BDPS News, Issue 37, December 2009, page 4

    Case Note: “Latent Conditions - BMD Major Projects Pty Ltd v. Victorian Urban Development Authority [2009] VSCA 221”, by Peter Megens and Derek Finch, Australian Construction Law Newsletter #130 January/February 2010

    “Arbitrators’ Perspective: The Evolving Face of International Arbitration - The Past, The Present and the Future” co-authored with Beth Cubitt, International Arbitration Law Review, February 2010

    “Australia’s new arbitration regime enhances efficiency in arbitration procedures”, IBA Arbitration News, Vol 15, No. 1, March 2010

    “The Continuing Role of the State Supreme Courts in Domestic and International Arbitration in Australia - An overview of three recent arbitration decisions in Australia” co-authored with Beth Cubitt, ADRJ, May 2010

    Reported cases

    Aiton Australia Pty Ltd -v- Transfield Pty Ltd (2000) 16 BCL 70.

    State of Tasmania -v- Leighton Contractors Pty Ltd (No 3) [2004] TASSC 132.

    SMK Cabinets -v- Hili Modern Electrics Pty Ltd (1984) VR 391.

    Transfield Philippines Inc -v- Luzon Hydro Corporation [2002] VSC 215.
 

 Recent Matters

 
  • Advised Transfield Obayashi Joint Venture as builder of the Melbourne City Link Project on contract and regulatory matters and on dispute resolution arising out of the project
  • Advised various industry bodies and their members including advice on pro forma contracts prepared for use in the construction and engineering industries
  • Advised industry body and contractors on matters before the Royal Commission into the Building and Construction Industry
  • Acted for a major Australian contractor on international arbitrations in ICC Arbitration proceedings on a large-scale hydroelectric BOOT scheme in the Philippines and an infrastructure asset in Malaysia
  • Advised a Statutory Corporation on the privatisation of construction of Western and Southern Bypasses around Melbourne Central Activities District, including advice on project documentation for this BOOT project including project legislation, Environment Effects Statement, Planning Scheme Amendments and land acquisition matters
  • Advised engineering consultants and regional contractor on SIAC arbitration on regional projects
  • Advising on a number of power station disputes in Australia and South East Asia
  • Advised successful consortium member on the Melbourne Train Re-franchising Project
 

 Professional Memberships

 
  • HKIAC List of Abitrators
  • A director and Vice President of the Australian Centre for International Commercial Arbitration
  • Vice President, Chartered Institute of Arbitrators (Australian Chapter)
  • Fellow, Institute of Arbitrators and Mediators Australia
  • Fellow, Australian Centre for International Commercial Arbitration
  • Fellow of the Chartered Institute of Arbitrators and Vice President of the Institute's Australian Chapter
  • Building Disputes Practitioners Society
  • Law Council of Australia, Construction and Infrastructure Law Committee
  • Law Institute of Victoria
  • London Court of International Arbitration Users Group
  • Law Society of New South Wales
  • International Law Briefing Group, Law Institute of Victoria
  • Fellow, Singapore Institute of Arbitrators
  • Member of the International Bar Association, member of IBA Arbitration and International Construction Projects Committee
  • Panel Member Chartered Institute of Arbitrators' Panel, Certificate Scheme