Delivering expert legal advice since 1895

At EMC, we understand the legal complexities experienced by stakeholders in construction projects and the need to identify and manage risk throughout the entire project life cycle.  We also understand that legal solutions need to be devised in a commercial context which balances risk management against the need to deliver projects on time and within budget.

To achieve this balance, we invest in getting to know and understanding your project objectives and your wider business objectives. Our lawyers have a track record of delivering sound legal advice which meets the immediate and long terms commercial objectives of our clients.

Our team advises all major stakeholders in the construction industry, including developers, principal contractors, subcontractors, homeowners, engineers, superintendents, manufacturers, architects and other consultants.  The expertise we offer covers the entire project lifecycle, from finance and site acquisition to leasing and sales, across a wide spectrum of construction projects – from major residential projects and infrastructure, to commercial developments and fit outs, dual-occupancy residential developments and minor works projects.

For more information on how we can assist you, please contact

Nelson Arias-Alvarez (This email address is being protected from spambots. You need JavaScript enabled to view it.) or Mark Doble (This email address is being protected from spambots. You need JavaScript enabled to view it.).

Key Service Areas

Construction Procurement

From a front end perspective, we work closely with our clients in undertaking a robust risk analysis prior to the tender process and contract execution with the aim of anticipating and reducing the likelihood of disputes arising during project delivery and ensuring that risk is appropriately allocated.  We are often engaged at the project inception stage and at pre-tender review in relation to head contracts, sub-contracts and related commercial contracts.  We understand different contracting models employed in the industry and are experienced in ensuring contracting models meet our clients acceptable risk profiles.

Additionally, our Property Group working together with our Corporate and Commercial Group can provide advice on structuring complex development projects through various corporate arrangements, as well as the sale or lease of completed projects, ensuring that EMC is with our clients every step of the way through the project lifecycle.

Contract Administration Services

Efficient and effective administration of contracts is a hallmark of successful project delivery.  Our team provides ongoing contract administration services and advice and assists our clients with managing the mechanics of construction contracts, compliance requirements and the related contractual paperwork.    

Project delivery – Risk Management and Dispute Resolution

EMC’s contract administration services include the early identification and management of disputes that arise during project delivery.  Our focus is on resolving disputes as early as possible.  However, where early resolution does not align to our client’s objectives or is otherwise not possible, our team is equipped to navigate through the complicated dispute resolution procedures in the construction industry such as mediation, arbitration, expert determination and if necessary providing representation in various courts and Tribunals.

Post-completion Disputes

We recognise that the risk for stakeholders in a construction project extends beyond project completion. The period of post-completion risk is significant, particularly given the limited ability for builders and other affected stakeholders to control or manage that risk.  We work with our clients with a view to taking a proactive approach to risk management post-completion in order to avoid, or at the very least, to minimise disputes, particularly in the context of defect claims in respect of residential building work.  Where disputes are unavoidable, our team advise on the appropriate strategies to minimise liability, business disruption and costs associated with resolving disputes.


The construction sector is highly regulated.  From the identification of licences and insurances requirements to compliance and understanding of rights and obligations under the Home Warranty Insurance Scheme, Home Building Act, Design and Building Practitioners Act, Residential Apartment Buildings (Compliance and Enforcement Powers) Act and the Strata Schemes Management Act 2015, our team assists its clients in all areas of compliance.

Security of Payment

We are experts in prosecuting and defending claims under the security of payment legislation across all Australian jurisdictions.  We are also experienced in negotiating settlement of claims within the confines of the fast paced framework set up by the legislation.  If necessary, we can also advise and manage applications to challenge adjudication determinations.

Administrations in Insolvency

Coupled with EMC’s expertise in relation to the building and construction industry, we have extensive experience in corporate insolvency and bankruptcy and have established strong relationships with insolvency practitioners and members of the Bar who specialise not only in insolvency matters but in the construction industry.

These two spheres of expertise place EMC in a strong position to advise insolvency practitioners on their administration of distressed entities which trade, or were involved in trading, in the construction industry.  We understand the underlying construction context in which insolvency practitioners need to discharge their obligations when managing these often complex appointments.  EMC is as such uniquely positioned to advise the directors of companies engaged in the building and construction industry in the event of their own financial distress.

Workplace Relations

Consistent with EMC's "whole project" approach, we have the expertise to advise on the identification and management of risk in workplace relations specific to construction projects.

Our Workplace Relations team regularly provide advice in respect of work health and safety issues (both in the policy as well as the prosecution segments), workplace management (including labour hire) and staffing issues, enterprise bargaining, investigations into workplace conduct and safe work requirements.

Value Added Billing

Across the full range of our construction and projects services we offer fixed price, capped price and retainer billing arrangements. We ensure that our solutions deliver value to our clients’ projects and their business and work with our clients to ensure we deliver cost-effective solutions.


Workplace relations is another of our key areas and our workplace relations group is led by a NSW Law Society Accredited Specialist in Employment and Industrial Law.

We work with employers and employees, small businesses and larger corporations in all areas of workplace relations, providing practical advice and solutions to ensure effective workplace systems and practices are established to deal with problems when they arise.

Workplace relations is a complex and constantly changing discipline that requires an intimate awareness of developments in the law and industry practices.We are up to date with the relevant awards, legislation, court decisions and trends which enables us to ensure your workplace is fully compliant. If troubles occur, we aim to help avoid litigation by resolving conflicts at an early stage.However, where necessary our workplace relations group possesses the experience and expertise to effectively represent you in any court or tribunal across the country.

We have experience dealing with unions and collective workplace arrangements and an established track record in resolving with sensitive workplace issues including sexual harassment and anti-discrimination complaints.

Our services include:

  • Change management
  • Employment law
  • General protection claims
  • Human rights and equal opportunity
  • Industrial relations
  • Privacy
  • Service contracts and agreements
  • Unfair dismissal claims
  • Workplace health & safety
  • WorkCover investigations and prosecutions

For more information on how we can assist you, contact Stephen Boatswain, Acc. Spec. (Employment & Industrial Law).

Having an up-to-date will is essential for protecting your assets and for your peace of mind.

We practice in all areas of succession planning, from drafting simple wills to more complex wills involving testamentary trusts.

Our experienced wills and estate lawyers will ensure your assets are protected in your lifetime and safely transferred to the next generation. We have a thorough understanding of the latest succession laws and how income tax and capital gains tax will impact on your assets.

If disputes arise, we can assist with advice and family provision litigation.

Our wills and estates services include:

  • Appointment of Enduring Guardians and applications to the Guardianship Tribunal
  • Drafting wills
  • Estate planning
  • Powers of attorney
  • Advance health care directives
  • Probate and Estate Administration
  • Succession Planning
  • Will and family provision disputes

For more information on how we can assist you please contact Kerry Sidaway.


With a sound understanding of Australian financial markets, our banking and finance team provides strategic commercial advice to a diverse range of clients.

Our clients include individuals, banks, finance companies and other private companies and individuals.

We can attend to the preparation of facility and security documentation for lenders and borrowers and provide guidance to all clients within the highly regulated financial services industry.

Our banking and finance services include:

  • ASX listings
  • Competition and consumer
  • Compliance
  • Corporate Restructuring
  • Franchising
  • Fundraising
  • Takeovers
  • General commercial drafting
  • Intellectual property
  • Joint ventures and partnerships
  • Mergers and acquisitions
  • National Consumer Credit Code Documentation
  • Trusts
  • Personal Property Securities Act (PPSA)

The banking and finance team also provides a host of recovery and enforcement services.

For more information on how we can assist you please contact Peter Aked.

Dealing with a complaint or disciplinary matter can place a big financial and emotional strain on any professional or organisation.

Our professional standards team can assist in advising and acting for professionals and organisations in a range of matters, from complaints to more complex professional and negligence matters. Our clients include individual practitioners and organisations from the legal, financial, health and allied health professions.

Our services include:

  • Advising on administrative law
  • Advising professionals on statutory and ethical obligations
  • Advising members of professional bodies and associations
  • Advising health care professionals facing complaints to the Medical Council or Health Care Complaints Commission

For more information on how we can assist you, please contact Greg Ross.


When it comes to the all important interface of Government and community we understand the issues. We have many years experience acting for and in respect of various State, Federal and Local Government agencies, in both law and policy.

We are well respected for our rich experience in Administrative Law, Government contracting, probity advice services, as well as for advising on legislative reform and facilitating procurement projects, achieving the best value for money for clients.

Our Government & Administrative Law group is headed by
Gregory Ross, who is an Accredited Specialist in Government & Administrative Law.

A number of our members have worked as in-house lawyers to Government, which allows us to understand the issues better, and more economically.

Some of our Government client assignments involve activity in other countries, particularly for education services.
Our Government & Administrative Law group offers services including:

  • Administrative law advice
  • Competition law and Government 
  • Contracting by and with Government 
  • Educational licensing
  • Environmental planning
  • Expressions of interest
  • Government finance
  • Industry facilitation
  • Joint ventures with Government
  • Probity advice and services
  • Procurement law & policy
  • Public private partnerships
  • Review of government action
  • Review of lottery operations
  • Tendering

For more information on how we can assist you, please contact Gregory Ross, Acc. Spec. (Government & Administrative Law)

Our insurance team offers experience with a practical approach when advising on insurance matters.

We advise and litigate across all aspects of insurance work, including risk and claims management, provision of regulatory advice, professional indemnity,  product liability, trade and credit claims.

Our clients range from individuals to finance brokers, health professionals, architects, sports professionals, engineers, managing agents and major Australian and international underwriters.

We have particular experience in construction-related insurance work and have represented head contractors and subcontractors in relation to construction contracts and contract works insurance.

Our insurance services include:

  • Sports law
  • General Insurance
  • Construction & Contract Works
  • Income Protection
  • Policy interpretation
  • Public & Products liability
  • Professional indemnity
  • Public private partnerships
  • Review of government action
  • Review of lottery options
  • Risk Management
  • Rural Plantation & Broadacre recoveries
  • Tendering
  • Trade and credit claims

For more information on how we can assist you please contact Mark Doble.

In times of financial trouble, our insolvency team offers an array of legal services and practical solutions. With these key strengths, experience and established contacts, our insolvency lawyers are highly regarded in the market.

We are experienced in providing strategic advice to company directors, shareholders, partnerships and creditors when a business is facing financial difficulties or default. We also act for corporate administrators, liquidators and receivers in relation to complex recoveries of assets from failed or failing businesses.

Our lawyers have strong professional relationships with accounting insolvency practitioners and are able to move quickly to protect companies facing winding up proceedings.

For individuals facing bankruptcy, we provide considered and tactical advice and assistance. We also advise trustees in bankruptcy in relation to recovery of assets.

Our insolvency team, in tandem with our litigation and dispute resolution lawyers, also provides debt recovery services, for substantial claims and high-volume transactional recoveries, at cost-effective rates.

Our insolvency, business recovery and bankruptcy services include:

  • Bankruptcy
  • Debt Agreements
  • Deeds of company arrangement
  • Personal Insolvency Agreements
  • Receivership
  • Voluntary Administration
  • Strategic pre-liquidation/administration advice to companies and their directors
  • Winding up and Liquidation
  • Advice to directors in relation to directory penalty notices
  • Advice to liquidators, administrators, receivers and trustees
  • Applications to set aside bankruptcy notices and creditor's statutory demands for payment of debt
  • Debt recovery
  • Negotiating settlements with creditors


For more information, please contact Mark Doble.

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Protection of intellectual property is all important to business and creative individuals, but often overlooked.

We are familiar with the many aspects of intellectual property law, from registering your trade marks to asserting and enforcing your rights if others copy your brand name and trade off your goodwill.

Our intellectual property team acts for the Australian Federation Against Copyright Theft, in relation to infringement of copyright of films and television programs.

Our intellectual property team provides quality legal advice on all areas of intellectual property law including:

  • Copyright advice & licensing
  • Government & intellectual property
  • Patent law advice
  • Piracy-protective action
  • Confidentiality agreements

For more information on how we can assist you, please contact Gregory Ross, Acc. Spec. (Government & Administrative Law).

When it comes to resolving disputes, we understand that your reputation, as well as your time and money, are major concerns. Our litigation and dispute resolution team will help you find the quickest, most cost-effective solution.

Going to court should always be a last resort and our team has experience in a wide range of alternative dispute resolution options, including mediation and arbitration.

If litigation is unavoidable, our litigation lawyers have experience in all jurisdictions, including Federal, Supreme, District and Local courts, the Land and Environment Court and also specialist Tribunals. We always keep your commercial objectives in mind and are sensitive to costs involved.

Our litigation and dispute resolution lawyers practice across a broad range of areas including:

  • Alternative dispute resolution
  • Building and construction disputes
  • Consumer disputes
  • Contract and commercial disputes
  • Copyright infringement
  • Debt recovery
  • Defamation
  • Injunctions
  • Professional negligence
  • Restraint of trade
  • Tenancy disputes
  • Trademark disputes
  • Trade Practices
  • Will and family provision disputes
  • Winding up and bankruptcy

For more information on how we can assist you, please contact Mark Doble

Undertaking a large scale property development? Buying or selling a home or investment property?

Our property group can assist with property legal services, from residential conveyancing to complex land development, building and construction matters.

We are market leaders in retail leasing advice in all Australian jurisdictions and handle high-volume transactional work for a number of major corporations. We deal with all aspects of leasing, including lease preparation and negotiation, drafting agreements for lease and advising on the interpretation of complex leases.

We can also assist with tenancy issues, and the Retail Tenancy Unit of the Department of Trade & Investment Regional Infrastructure & Services regularly refers tenancy disputes to the firm.

We also offer various franchising services, including high-volume transactional work.

Our experienced property lawyers have a strong track record of providing prompt, efficient service, whether for simple transactions or giving strategic advice on specific areas, such as liquor licensing, heritage or environmental law.

Our property clients range from individuals to major multinational clients and we work Australia wide.

Our property services include:

  • Building and construction
  • Property development
  • Commercial and industrial conveyancing
  • Residential conveyancing
  • Liquidator and mortgagee sales
  • Mortgages and securities
  • Heritage matters
  • Retail leasing
  • Environmental law
  • State duties and other taxes
  • Liquor Licensing

For more information on how we can assist you, please contact Tim Eakin or Ian Fox.

For planning matters, please contact Ann Bowen.

When our lawyers provide strategic legal advice and services their priorities are to :

  • understand and help achieve the desired commercial goals
  • ensure peace of mind and protection by providing proper documentation
  • identify and manage risks
  • flag and resolve any compliance issues

Our Corporate & Commercial team offers advice and assistance in all aspects of commercial and corporate law and regulation and can help with commercial transactions at every stage, from capital raising and listing to setting up complex structures and providing technical advice on a range of corporate projects.

We work Australia wide, as well as internationally, with a diverse range of clients, from large multinationals, to small and medium-sized businesses, public sector clients, museums and not-for-profit organisations. 

Our aim is to build a deep understanding of each client’s business and its market sector so we can give the most accurate, current and practical advice. 

Our corporate services include:
  • ASX listings
  • NSX listings
  • Compliance
  • Corporate Restructuring
  • Fundraising
  • Takeovers
Our commercial services include:
  • Competition and consumer
  • Franchising
  • General commercial drafting
  • Intellectual property
  • Joint ventures and partnerships
  • Mergers and acquisitions
  • Trusts
  • Personal Property Securities Act (PPSA)

For more information on how we can assist you, please contact Michael Stafford or John Cox