Joshua McDiarmid

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Senior Associate

+61 7 4019 7329 0459 591 177

jmcdiarmid@moray.com.au

Joshua identifies, allocates and disposes of risk for entities and individuals with a focus on clients in the building and construction industry.

EXPERIENCE & EXPERTISE

Having worked predominantly in dispute resolution throughout his career, he has represented civil contractors, head contractors, subcontractors, suppliers, consultants and local governments in numerous capacities including negotiating contracts, disputes including under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (formerly Building and Construction Industry Payments Act 2004 (Qld) and the Subcontractors’ Charges Act 1974 (Qld)).

He also assists clients in dealings with the Queensland Building and Construction Commission including complaints about defective building work or incomplete work and claims made under the Home Warranty Insurance Scheme.

Joshua brings a wealth of civil litigation experience to assist his clients caught in dispute, gained from early on his career with one of Cairns’ leading litigation firms. His practice includes lengthy trials particularly in the construction industry and he regularly appears in Court and instructs counsel.

Joshua focuses on construction clients, (including those in the resource sector) and has assisted clients in negotiating large or important contracts with local governments and principals together with resolving disputes during the project or following its conclusion.

Joshua has a keen interest in the use of technology in civil disputes including managing disputes involving significant bodies of disclosable documents and is experienced in eDiscovery systems. He also sits on the Queensland Law Society, eFiling Working Group.

Joshua is a pragmatic and commercially minded advisor to clients who wish to identify and dispose of risk efficiently and focus on their businesses.

ACCOMPLISHMENTS

Reported matters Joshua has worked on include:

Australian Vocational Learning Institute Pty Ltd (in liq), in the matter of Australian Vocational Learning Institute Pty Ltd (in liq) [2022] FCA 319 – Application for Court approval to enter funding agreement with the Commonwealth of Australia.
QBCC v Pierce & Anor [2020] QMC 16 – Summary judgment for payment pursuant to the Home Warranty Insurance Scheme.
Mousa v Vukobratich Enterprises Pty Ltd & Anor [2019] QSC 49 – 8 days of trial, claim for $1.8M of defective and incomplete work, argument in negligence against director, resisted late joinder of third-parties.
Tradiga Pty Ltd v Smada Projects Pty Ltd [2019] QDC 184 – Successfully resisted application for summary judgment, claim for breach of the Australian Consumer Law and breach of Lease for failed assignment. Associated work included appearing on particulars application against senior counsel.
Everett v Cheshire Contractors Pty Ltd [2019] QCA 68 – Application for dismissal for want of security, appeared as solicitor advocate in Court of Appeal.
Cheshire Contractors Pty Ltd v Everett [2018] QSC 228 (11 days) – 11 days of trial, claim for unpaid road construction performed in two phases, counterclaim for failure of development. Associated work including appearing against Counsel on costs argument.
Cheshire Contractors Pty Ltd v Everett [2017] QSC 287 (Court initiated application) – Preliminary determination as to “building work”.
Stella Life Spa Pty Ltd v Elcorp Investments Pty Ltd [2017] QSC 333 – Application for security for costs, claim for breach of lease due to water ingress and consequential loss.
Coleman v Prentice & Anor [2015] QSC 118 – Instructed on trial days 19-22 January 2015, Claim for non-payment for mine-venture, counterclaim for lost profit due to alleged unsaleable product.