Roland is a highly experienced commercial litigation and dispute resolution lawyer with over 30 years’ experience.
Roland advises and represents clients in complex disputes across a range of industries and areas, especially:
- corporations, including shareholder remedies, directors’ duties;
- construction, for owners, developers, builders, contractors, architects, professionals, suppliers;
- disputes in relation to real estate and property transactions, including purchase and sale of land, off-the-plan contracts, leases (commercial and retail), subdivisions, owners corporation matters;
- insurance claims;
- contracts, including technology contracts, supply of goods and services, international trade;
- consumer law (including misleading and deceptive conduct, consumer guarantees); and
- regulatory offences, including planning, OH&S, heavy vehicles and environmental.
Roland has extensive experience in all forms of dispute resolution, from litigation in most Australian jurisdictions, to mediation, conciliation, arbitration, expert determination, neutral evaluation and adjudication.
He also advises on appropriate fee structures, including litigation funding options.
Roland is an accredited specialist in commercial litigation. He is based in Melbourne.
Expertise
Experienced in all types of commercial disputes and litigation, with particular interest in the following areas:
Construction
- Civil construction
- Commercial and domestic construction
- Claims under Building & Construction Industry (Security of Payments) Act 2002 (Vic)
- Contract disputes
- Insurance claims
- Occupational health and safety (including Worksafe prosecutions)
- Environmental protection (including EPA prosecutions)
- Professional negligence
- Preparing tailored standard form construction contracts
Subdivisions/owners corporations
- Flammable cladding on high rise apartment buildings
- Water ingress
- Structural defects
Land/real estate
- Commercial and retail leases
- Contracts to buy and sell land
- Off-the-plan contracts
- Crown land
- Adverse possession
- Boundaries and fences
Corporations
- Company disputes
- Shareholder remedies
- Directors’ duties
Trade
- Sale of goods and services
- Consumer protection
Estates
- Estate disputes
- Testator’s family maintenance claims.
Experience
- Acting for shareholders in a public company, obtained leave under s237 Corporations Act to bring statutory derivative proceedings against directors for breach of duty in relation to a merger transaction. Proceedings brought on behalf of the company are ongoing.
- Acting for a nursing home proprietor in proceedings in the Tasmanian Supreme Court, the Federal Court, on appeal to the Full Federal Court and in an application to the High Court for special leave to appeal, against its former lawyers for breach of duty in relation to advice given at the time the nursing home was closed by the Commonwealth.
- Supreme Court of Victoria proceedings for a civil contractor against Lloyds underwriters of a contract works policy claiming $10 million in prevention costs incurred when retaining walls for an 18-metre deep excavation in the Brisbane CBD threatened to collapse.
- Acting for an owners corporation in VCAT proceedings against a builder regarding the cracking brick façade of a 170-apartment complex.
- Acting for a Docklands developer in 22 separate Supreme Court proceedings seeking specific enforcement of off-the-plan sale contracts.
- Acting for a group of 69 residents in Supreme Court proceedings against a local council concerning tenure at a caravan park on Crown land.
- Defending prosecution by National Heavy Vehicle Regulator of transport company alleged to have contravened load limits on 69 occasions.
Recognition
Roland qualified at Melbourne University, graduating with a Bachelor of Arts and Bachelor of Laws in 1988. He was admitted to the Supreme Court of Victoria in 1989, entered on the roll of practitioners in the High Court of Australia in 1989, and was admitted to the Supreme Court of New South Wales in 1994.
Accreditation
- Accredited as a specialist in commercial litigation by the Law Institute of Victoria since 2014
Memberships
- Law Institute of Victoria
- Civil Contractors Federation (Victoria)
Career
| 2018 | Keypoint Law | Consulting Principal |
| 2013 – 2018 | McKean Park | Partner |
| 2010 – 2013 | Macpherson Kelley | Principal |
| 2008 – 2010 | Mills Oakley | Partner |
| 1999 – 2008 | Norton Gledhill (now Piper Alderman) | Partner (2001 – 2008) |
| 1990 – 1999 | Middletons (now K&L Gates) | Lawyer |
| 1988 – 1990 | Wisewould Schilling |