Paloma Chambers

Recent Cases


  • Isles v Queensland Minister for Police, Queensland Police Commissioner, [2021] QSC, Justice North judgment delivered 31 March 2021

Successfully resisting application under the Judicial Review Act 1991 (QLD) for the applicant’s deceased father to be added to the QPS Honour Roll – whether a decision “under an enactment” – whether applicant had standing. 

  • International Arbitration (ICC, London) – 2018-2021 – USD 900m dispute

Part of a large team representing the designer in a complex engineering dispute concerning Middle Eastern transport infrastructure – the only non-London based counsel assisting with witnesses of fact in Australia, New Zealand, Middle East, Hong Kong and Singapore, and expert witnesses in the UK and the USA.

  • Harris v Panforta Pty Ltd, unreported 17 December 2020 (DCJ Dann)

Successful appeal against penalty following guilty plea for contravention of s. 13(2) of Schedule 1 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 for the reckless operation of a vessel (Prosecuting for the Commonwealth DPP, as Junior Counsel to John Agius SC). 

  • Brisbane Airport Corporation Pty Ltd v Arup Pty Ltd [2017] QSC 232 (Justice Applegarth)

Representing the principal in a complex engineering dispute with $37, damages claimed arising from professional negligence and breach of ss.51A, 52 or 53 of the Trade Practices Act– leave granted under r.376 – new cause of action arising from substantially the same facts as pleaded in the original statement of claim (Junior Counsel to Gareth Beacham QC).

  • Annie Street JV Pty Ltd v MCC Pty Ltd [2016] 49 QLR 7; [2016] QSC 268 (Justice Flanagan)

Whether adjudicator’s determination was without foundation and illogical – whether adequate reasons were provided in accordance with s.26(3) of the BCIPA (QLD) – whether natural justice had been denied – whether function discharged when adjudicator refused to consider relevant contract clauses (junior Counsel to Gareth Beacham QC).

  • Grocon Constructors (Qld) Pty Ltd v Juniper Developer No 2 Pty Ltd [2015] QCA 291 (CJ Holmes, Atkinson and McMeekin JJ)

Applicability of the penalty doctrine to a Liquidated Damages provision in a construction contract (research note for Peter Franco QC). 

  • BRB Modular Pty Ltd v AWX Constructions Pty Ltd [2015] QSC 218 (Justice Applegarth)

Whether a ‘reference date’ arose under the BCIPA (Qld) – whether contractual pre-requisite of a statutory declaration was contrary to the Act and void by operation of s.99 (Junior Counsel to Peter Franco QC).

Recent Supreme Court matters across Queensland

  • Brisbane Supreme Court

Resisting the challenge to enforcement of an adjudicator’s determination under the BCIPA (QLD) on multiple grounds including consideration of “new reasons” prohibited by s.88(3)(b); whether an adjudication application was “properly made” in accordance with s.88(2)(c); whether the adjudicator had discharged her statutory function in relation to the required reasoning process; whether there was a breach in natural justice. 

  • Rockhampton Supreme Court

Whether an Adjudicator’s determination was without foundation and illogical, failure to intellectually engage, failure to provide adequate reasons – whether the Adjudicator failed o discharge statutory function by failing to consider matters statutorily obliged to consider.

  • Mackay Supreme Court

Whether a design and construct contractor had, in breach of contract, breach of warranties and negligently, defectively designed and constructed the air conditioning in a nursing home such that it developed mould. 

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