Meet Tony Mylne

Director | Disputes and Litigation
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Tony Mylne

Director
Disputes and Litigation

Tony advises corporate, commercial and government clients in the construction and engineering, insurance, property, professional services, medical and allied health sectors.

Tony has devoted the last 20 years to construction, insurance and general commercial litigation. Tony has over 30 years’ experience advising clients in dispute situations.

Tony’s experience is broad, but his enduring focus is on all aspects of dispute resolution and has been consulted in relation to construction and payment disputes, planning disputes, defence of misconduct allegations, insurance claims, debt recovery and insolvency and commercial litigation. Tony’s experience also includes being instructed in respect of group and class actions involving mortgage lending, lawyers, valuers, financial planners, and salmonella poisoning.

Tony is on the Legal Services Referral Panel for the Master Builders Queensland and is a member of the Building Dispute Practitioners’ Society and the Society of Construction Law Australia.

Tony was selected for inclusion in the Asia Pacific Legal 500 (2013/14) for Dispute Resolution, (2014/15) for Insurance and (2016/2017) for Construction. Tony was also selected for inclusion in the Asialaw Profile Legal Directory (2017) and selected for inclusion in the 2019 edition of Best Lawyers™ Australia for Litigation. He was also listed in the Doyle’s Legal Guide in the Leading tier of the ‘Leading Public Liability Lawyers (Defendant) – Queensland, 2016’.

Engineering and Construction

  • Including Building and Construction Industry Payments Act 2004 (Q) claims and defenses, Building Industry Fairness (Security of Payment) Act (BCIPA- Security for Payment- SOPA)- Subcontractors Charges Act 1974 (Q) Claims. Advising and Advocacy including Strategic Reviews on behalf of builders and others; and
  • Licensing- including applications under QBCC Act and all aspects of compliance associated with QBCC Act.

General Commercial and Property Disputes

Particular experience in easements, joint ventures, franchising and body corporate disputes and has some focus on disciplinary and regulatory prosecutions in finance and corporate governance.

Insolvency and Recoveries

Acting for administrators and liquidators generally in recovery of preferred creditor claims, defending preferred creditors claims, attending to licensing issues on behalf of administrators of construction entities, pursuing mortgage defaults and recoveries. Assisting Administrators and Liquidators in respect of construction and security for payment issues.

Insurance

Focus on professional indemnity insurance involving allied health, construction and engineering, employment claims and related workplace health and safety claims.  Experience in defamation matters in diverse areas including newspapers, club and associations.

Track Record

Tony’s experience includes:

Engineering and construction

  • Representing claimants and respondents under the Building and Construction Industry Payments Act 2004 (Q). Advising in respect of claims under that Act and Building Industry Fairness (Security of Payment) Act and presenting client seminars regarding the legislation and cases in NSW and QLD;
  • Acted in applications for judgment under Building and Construction Industry Payments Act 2004 (Q) including in respect of judgments against Rio Tinto on behalf of contractors;
  • Applications to the Supreme Court of Queensland seeking to void adjudicator’s decisions and defending claims;
  • Acted for a body corporate defending claims brought by a government owned corporation seeking rectification of a central city boardwalk, joinder of various engineers and contractor- negotiated mediation to a point where no contribution necessary by body corporate;
  • Acted in a dispute involving body corporate and construction of a resort in Cairns involving a multiplicity of parties and causes of action before the Supreme Court of Queensland;
  • Acted for a national construction contractor in respect of a trade practices and defects dispute concerning a concrete slab and reliability of waterproofing;
  • Acted for major concreting contractor against Multiplex and making urgent injunction applications to restrain the engagement of alternate contractors;
  • Acting for national construction group in recovery actions of a contractual nature, including construction litigation, insurance litigation and Trade Practices litigation;
  • Acted in commercial building dispute in relation to the Weipa Far North Queensland Bauxite Mine;
  • Acting in administrative appeals and appeals as to valuation under the Mineral Resources Act 1989 (Q) to Land Resources Tribunal;
  • Acted for the national construction contractor disputing defect rectification notices with Queensland Building Services Authority and having them withdraw defects notices;
  • Advising national construction contractor in respect of claims for misleading and deceptive conduct involving asbestos and non-disclosure of presence during preliminary works;
  • Contributing submissions on BCIPA claim in respect to invalidity of claim when dealing with mining leases proceeded to High Court;
  • Advising, representing and documenting dispute with national construction firm, Commonwealth and various subcontractors following insolvency of one large subcontractor on Commonwealth site, involving detailed consideration of Subcontractors Charges Act 1974 (Q) and Building and Construction Industry Payments Act 2004 (Q), matter involved seeking declaratory relief against administrators under BCIPA;
  • Defending claim brought by subcontractor in respect of encashment of bank guarantees held as security for performance. Matter brought to conclusion by way of summary judgment application on behalf of defendants and security for costs application;
  • Dealing onsite with incidents of workplace health and safety, possible prosecutions, possible death claims and on behalf of national construction firm, presenting to all subcontractors;
  • Making successful applications on behalf of directors and officers of national construction company to be permitted individuals pursuant to the Queensland Building and Construction Commission Act (QBCC Act) making successful application to resist designation as excluded individuals pursuant to the QBCC Act, and associated applications to QCAT and QCATA and related commercial disputes;
  • Making application for declaratory relief seeking to invalidate charge under Subcontractors’ Charges Act- Solar farm- dispute North Queensland
  • Advising in respect of large scale aquaculture project in Northern Territory; and
  • Advising school with respect to damage to local infrastructure by builder, including issues in relation to insurance and liability of the builder.

Commercial disputes

  • Resisted claims against directors of a commercial tyre company in the Supreme Court and defended in arbitration against all directors and shareholders. Represented the client successfully in ongoing litigation and related litigation matters over the next three years;
  • Settled a joint venture dispute involving New Zealand medical practices and associated transactions within Australia;
  • Acting in the defence of charges of fraud brought by the Australian Securities and Investment Corporation (ASIC) within the financial planning industry including representation before enquiries at ASIC and before the District Court;
  • Advised both franchisees and franchisors in the allied medical area and within the food industry and represented parties in disputes before the District and Supreme Courts within the franchising area;
  • Acting for businesses in the funeral industry, food industry and business machines industry advising on litigation under the Australian Consumer law;
  • Advising at auction and acted in protracted sale of shopping centre in the St. Lucia area;
  • Advised on easement dispute involving Brisbane CBD property. Advising on historical aspects, whether extinguishment could apply, extent of rights and obligations under easement drawn 90 years ago in circumstances where development application made by servient tenement;
  • Advice in respect of Planning and Environment Court issues associated with the easement dispute;
  • Land resumption cases and applications before the Land Court with regard to various land resumptions within the funeral industry and others;
  • Acting in body corporate disputes involving the Body Corporate and Community Management Act 1997 (Q) both before the Commissioner and the Supreme Court;
  • Defending prosecutions under the Aged Care Act 1997(Cwth) brought against disqualified party. Matter of considerable significance for the client with the industry as owner of some seven nursing homes;
  • Acted for national testing authority on administrative law claim, defending a judicial review application to review a suspension of previous registered member;
  • Represented and defending commercial agents and claims brought by former directors of company in receivership in respect of alleged negligence in sale process before the Supreme Court;
  • Acted for directors and former licence holder concerned with National Franchise System for cleaning products. Issues of whether liquidation bona fide, involving claims of over $2 million;
  • Acted for tenant medical practitioners in respect to potential breach being alleged and successfully alleging repudiation of the lease as a result of landlord not giving sufficient time or appropriate notice under the Property Law Act;
  • Acting for directors of medical practices, prosecuting allegations of other directors not acting in the interests of the company;
  • Acting for directors of medical practices in directors disputes regarding valuation of outgoing directors shares;
  • Acting for directors of hotel lessees of iconic Western Queensland hotel in dispute concerning rectification of defects of a structural nature said to be responsibility of landlord; and
  • Giving expert affidavit evidence in respect of registration of foreign judgments in Queensland and executing upon those judgments for the Singapore Supreme Court.

Insolvency and Recoveries

  • Large scale Supreme Court and Federal Court litigation from recovery through to bankruptcy and winding up;
  • Recovering losses for private commercial mortgagees in the Supreme and Federal Court, including acting for mortgagee of North Queensland resort in a recovery action against Japanese Guarantors- final  resolution;
  • Acting for mortgagees seeking recovery from defaulting mortgagors/subsequently pursuing negligence actions against professional advisors including valuers, solicitors and others;
  • Representing the liquidator in a number of recovery actions in the liquidation of the Farrow Mortgage Group;
  • Debt recovery for various corporations including Kemps Mercantile Agency, Prushka Fast Debt Recovery and a subsidiary of BHP Limited and its associated finance company;
  • Acting in recoveries of commission and/or commercial agents;
  • Acting in respect of cross border insolvency applications from the United Kingdom; Acting in respect of cross border insolvency application, freezing orders, and claim worth tens of millions of dollars relating to South African Ponzi Scheme; Acted for Fair Work Ombudsman in recoveries of fines and orders;
  • Acted for building societies and reverse mortgage suppliers on recovery of possession of property;
  • Debt recoveries for the Australian Tax Office, including defended claims before the Supreme and District Court;
  • Acting for national property management group in various recoveries Australia wide;
  • Defence of proceeding brought for possession by major bank successfully, circumstance of ill health of borrower;
  • Acting for state wide charity with respect to recoveries of proceeds of fraud; and
  • Acting in mortgage recoveries for private lenders involved with Sherwin Financial Planning.

Insurance

  • Acting in various inquests with respect to the Workplace Health and Safety Act 1995 (Qid) and associated enquiries by inspectors;
  • Acted for insurer advising in professional indemnity claims involving construction, defamation and employment related claims with respect to prosecutions and general workplace health and safety matters, in notable industries including; pharmacy, sporting bodies, political statements and newspapers, allied health and nursing, as well as unfair dismissal claims and injury prosecutions by Workplace Health and Safety;
  • Acted for insurer with respect to liability by members of Speedway Australia;
  • Acted for various construction related companies on public liability claims;
  • Acted for self-insured telecommunications company in claims for damages incurred during various construction and maintenance projects;
  • Advised in defending personal injuries claims for a telecommunications company;
  • Acted in dental negligence claims involving a specialist endodontic care and general dentistry;
  • Advising on professional indemnity matters arising from negligence claims against construction consultants;
  • Acted for marine insurers in relation to death, injury and collisions at sea;
  • Acted for Queensland local government insurer with respect to public liability claims; Acted for insurer in claims arising from an accident at a major sporting event;
  • Acted in public liability and motor vehicle claims;
  • Acted for WorkCover Queensland in common law claims; Advising in relation to claim made in response to hotel assaults;
  • Acted in respect of catastrophic death claims in motor vehicle accidents for defendant whose insurer will seek recovery from;
  • Acted on behalf of security contractor at prison in relation to alleged incident in prison workshop where evidence of intentional injury with router;
  • Acted on insured claim against property owners in relation to motorised buggy on farm area, joinder of insurer, deniable indemnity;
  • Defence of workplace health and safety prosecution involving death claim, bus company manager. Matter eventually discontinued against manager with no payment of fine or recording of conviction;
  • Acted for national insurer, defending professional indemnity claims brought against accountants, involving alleged overpayment of superannuation;
  • Acted for national insurer in relation to a claim brought against body corporate manager in respect of defects claim, matter settled in respect of small contribution;
  • Advised insured in respect of rejection of indemnity on total loss of warehouse claim where allegations of non-disclosure. Successful in obtaining indemnity;
  • Acting in salmonella poisoning claims group action against manager of conference facility and obtaining cooperation to settle matters on an early basis;
  • Acting for multi-national self-insurer in respect to claims made at prison facility with respect to deficiency of supervision. Claim finalised without expenditure; and
  • Acting in various defamation claims defending medical practitioners.

Recent Presentations and Publications

  • February 2016 and 2017- New Cases in the Construction Area presentation;
  • March 2017- Electronic Delivery of Documents;
  • December 2016- New Building Code to Contain Security Payment Provisions;
  • August 2016- A Severe Compliance and Prosecution Risk- Building Code;
  • March 2016 -Impact of False Declarations on Payment Claims (published ACLN};
  • Recent Insurance Cases and Development presentation, November 2015;
  • Building & Construction Newsletter: Queensland Court of Appeal decision critical to homebuilder. September 2015
  • Recent Developments in Insurance Law presentation, June 2015;
  • Queensland Building and Construction Commission Amendment Act 2014- Proclaimed, June 2015;
  • Building Queensland -Infrastructure- Expert Advice to State, May 2015;
  • New Policy of Queensland Building Construction Commission- Defective Work­ Subcontractors, May 2015;
  • Extended Limitation Periods and Negligence Claims for Structural Defects, May 2015;
  • Have You Reviewed Your Contracts Since the New Queensland Building and Construction Industry Payments Act 2004 Provisions Were Proclaimed?, February 2015;
  • Proclamation of Queensland Building and Construction Industry Payments Amended Act 2014, December 2014;
  • Queensland Building and Construction Commission Amendment Act 2014- Passed Parliament on 16 October 2014, October 2014;
  • Amendments to the Building and Construction Industry Payments Act Have Been Passed, September 2014;
  • Further Legislative Changes for the Building And Construction Industry in Queensland, September 2014;
  • Legislative Developments within the Building & Construction Industry, August 2014;
  • Building and Construction Industry Payments Amendment Bill 2014- Expected changes plus some more, June 2014;
  • Important changes to the current payment claim and adjudication process; proposed amendments to the Queensland Building and Construction Industry Payments Act, April 2014;
  • Builders Fight Back- High Court grant special leave application in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 and Anor, April 2014;
  • Recent developments in interpretation of the Building and Construction Industry Payments Act (Qid) 2004, January 2014;
  • Developments in the interpretation of “building work” under the QBSA Act, December 2013;
  • The Full Federal Court orders security for costs to be paid in a class action brought by individuals, July 2013;
  • Extending the reach of proportionate liability, June 2013;
  • Madgwicks v Kelly- Security for Costs, July 2013;
  • Discretion Exercise not to make a Declaration, June 2013;
  • Partial Invalidation of Adjudication Decision, June 2013;
  • Jack and Jill Fell Down the Hill, June 2013;
  • Extension of the Reach of Proportionate Liability, June 2013;
  • New South Wales Supreme Court Revisits Bryan v Maloney Issues, 2012;
  • Updates on Defamation awards;
  • Various in-house presentations relating to changes to the Subcontractors’ Charges Act 1974, Building and Construction Industry Payments Act 2004 and the Queensland Building Services Authority Act 1991and Personal Property Securities Act 2009;
  • Issue: the Importance of Setting out Reasons in a Payment Schedule, 2008;
  • Mortgagees Power of Sale & Fraud for Television Education Network, March 2008;
  • Obtaining Advantageous Cost Orders for Australian Tax Office, April 2007;
  • Changes to Financial Requirement for Licensing- Queensland Building Services Authority, 2006;and
  • Building and Construction Industry Payment Act 2004 (As Amended)- A  Practical Checklist for Claimants and Respondents, 2004
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Bio

Qualifications
Queensland University of Technology | Bachelor of Laws
Memberships
Queensland Law Society
Australian Insurance Law Association Building Disputes Practitioners' Society
Institute of Arbitrators & Mediators Australia (LEADR & IAMA)
Society of Construction Law Australia
Legal Services Referral Panel - Queensland Master Builders Association
Admissions
1987 High Court of Australia

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Publications by Tony Mylne

19 November 2019 Case Studies

What to Do When Your Adjudicator Calls a Conference

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30 September 2019 News & Media

Construction Industry Set for a Major Shake Up: How to Protect Yourself as an Employer

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12 August 2019 Case Studies

Construction Security of Payment Claims: Properly Identifying the Work

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“Tony, I enjoyed working with you and found your advice very concise and easy to digest.”

Mrs B, Body Corporate Committee Member
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