Justin Cotton – Director
Justin Cotton is senior building lawyer, construction lawyer and a pre-eminent building practitioner advocate in building practitioner misconduct and disciplinary matters defending practitioners in Victoria, New South Wales, Queensland, and the A.C.T. He is an expert construction litigator, and highly experienced in medium to high dollar litigation building and commercial disputes. Justin is a seasoned problem solver and negotiator, and gives quality regulatory and front end contractual advice. Justin is presently Chairperson of the HIA Industrial Relations and Legal Services Committee, and a member of the Regional Executive Council, for HIA Victorian Chapter.
- Building & commercial dispute advocacy throughout Australia
- Pre-contractual and post contractual advice to builders, building practitioners and developers
- Appeals before Building Appeals Board, and Supreme Courts in Victoria and New South Wales and inquiries before Building Practitioners Board and appeals at Administrative Decisions Tribunal in New South Wales and disciplinary jurisdictions in the A.C.T.
- Practices in Melbourne, Sydney and Canberra, and provides advice to building professionals in Queensland
AREAS OF PRACTICE
Dispute Resolution and Advocacy. Manages dispute resolution including negotiations and planning and construction law advocacy at VCAT and ADT, and representation at arbitrations and domestic and commercial building dispute forums.
- Protection Works dispute resolution and advice
Building Contract Advice and Drafting
Advises builders, councils and owners on variations, latent conditions, extensions of time, progress payments and on Security of Payment claims, together with contract advice and drafting for builders, building surveyors, architects and engineers.
Building Practitioner Discipline, Misconduct and Occupational Licensing Advocacy
Defends practitioners in licensing and disciplinary hearings in New South Wales and Victoria, in addition to professionals facing complaints in New South Wales and A.C.T. Defends building practitioners and professionals facing charges and enquiries in all disciplinary and occupational licensing jurisdictions. Justin Cotton heads up practitioner advocacy within the firm.
Defended practitioners prosecuted by the WorkSafe Authority, and advocacy for building surveyors and accredited certifiers facing practitioner misconduct charges. Advice on issues under the Building Act and Regulations, the Environmental Planning and Assessment Act, A.C.T legislation and the Building Code of Australia (BCA) including protection works, Building Notices and Orders and adjoining neighbour disputes.
Familiarity with the Owners Corporation Act and providing advice and representation for lot owners and Owners Corporations in relation to defective building works, warranty insurance, and Owners Corporation rules and procedures.
Probity and risk management advice, compliance in building and planning matters, property law and facilities/asset management legal advice.
Residential & Domestic Building Disputes
- Resolution of domestic building disputes
- VCAT advocacy
- Resolution of apartment and unit development disputes
- Domestic building contract advice and dispute resolution
Justin Cotton takes instructions in:
- Federal and Australian State & Territory disputes
- Representing offshore interests in Australia
- Trans-Tasman advice and disputes
- Mining and resources disputes
- Commercial and corporate debt recovery for offshore concerns requiring representation in Australia.
Commercial and Corporate “Front End”
- Contractual drafting and advice
- Preparation of partnership agreements
- Drafting of joint venture agreements
- Trade practices & competition law advice
- Employment law advice
- Drafting of employment agreements
- Intellectual property and copyright law advice
- Information technology (IT) law advice
- Drafting of IT and IP contracts, website and portal conditions
Commercial & Corporate Dispute Resolution
- Resolution of partnership disputes
- Resolution of Mining and Resources Disputes
- Resolution of joint venture disputes
- Resolution of intellectual property and information technology disputes
- Corporate debt recovery
- Resolution of property and commercial leasing disputes
- Resolution of sale and business disputes
- Representing and protecting the interests of offshore and international corporations doing business in Australia
Justin Cotton has diverse experience across the construction corporate law spectrum. A winner and resolute in protecting the client’s interests.