Emily Powe
Associate
Norton Rose Fulbright Australia
Related services and key industries
Biography
Emily has extensive experience providing transactional, advisory, project delivery and contentious services on complex and high value local, international and multi-jurisdictional construction, infrastructure and energy projects. This work has included advising D&C and O&M contractors on contentious and non-contentious PPP projects, preparing submissions, evidence and other key documents in litigation and international arbitrations, and driving major compliance advisory work concerning matters such as governance, product safety and liability.
Professional experience
Collapse allMacquarie University, Sydney NSW Australia
Bachelor of Arts with the Degree of Bachelor of Laws (First Class Honours)
Michigan State University, Michigan, USA
Diploma in International Litigation and Arbitration
College of Law Sydney
Graduate Diploma of Legal Practice
- Supreme Court of New South Wales 2021
- High Court of Australia 2021
- RE Oakey Pty Ltd v Canadian Solar Construction (Australia) Pty Ltd; Canadian Solar Construction (Australia) Pty Ltd v RE Oakey Pty Ltd [2024] QCA 202: Acting for the successful contractor in relation to disputes concerning non-payment of a payment claim and defending allegations concerning estoppel, misleading and deceptive conduct and unconscionability.
- Canadian Solar Construction Pty Ltd v Re Oakey Pty Ltd [2023] QSC 288: as above.
- Solar Farm Arbitration ($110M): acting for a solar energy head EPC contractor in respect of arbitration proceedings concerning alleged non-compliances with performance requirements and the certification of substantial completion under the EPC contract.
- ANSTO Nuclear Medical Manufacturing Facility Project: part-time secondment to the Australian Nuclear Science & Technology Organisation, assisting ANSTO in the procurement and delivery of the Nuclear Medical Manufacturing Facility Project.
- Western Roads Upgrade PPP Project Advice, Contract Negotiation and Amendment: assisting the O&M and pavement construction contractor on all aspects of a complex brownfield roads PPP, including negotiating contract amendments, preparing subcontracts, preparing a contract administration manual and
conducting training and general operational and delivery advice. Advising on, negotiating and successfully settling complex contentious issues. - Sydney Light Rail Project: advising the contractor on potential insurance claims arising on the Sydney Light Rail Project as a result of alleged Operations Control Centre HVAC defects, turnout defects and weld defects arising on the project.
- Inner West Light Rail: advising the contractor on claims alleging defects in trams procured under the original Inner West Light Rail Supply Contract. Negotiating and drafting inputs into the Inner West Light Rail Remediation Deed, and advising the contractor on GIPA issues.
- Confidential Prison PPP Project Advice: advising the O&M contractor in relation to its rights and entitlements in respect of inmate numbers.
- Parramatta Light Rail: providing ongoing project delivery advice to the D&C contractor.
- Sydney Metro Western Sydney Airport: SSTOM package: advising a D&C JV on its successful bid for the Sydney Metro – Western Sydney Airport stations, systems, trains, operations and maintenance package. Preparation of D&C Contract administration manual and negotiation of downstream subcontracts.
- Maribyrnong Bridge Package: advising a D&C contractor on its successful bid for the Maribyrnong Bridge Duplication, forming part of the Melbourne Airport Rail Link Project. Drafting downstream subcontract suite and contract administration manual.
- International Arbitrations: Defending a foreign government in international arbitrations concerning infrastructure projects and achieving outcomes whereby the government had to pay less than 10% of the amounts claimed; Acting for one of the world's largest turbine suppliers in an international arbitration and related dispute resolution concerning a $600M+ expansion program for a geothermal power station in NZ.
Society of Construction Law Australia 2023 Charrett Moot Grand Finalist.
Macquarie University 2020 Dean's Award for Outstanding Academic Achievement in Law.
- 2023 Society of Construction Law Australia National Conference
- 2022 Association of Australian Certifiers' EPIC Conference
Society of Construction Law Australia
National Association of Women in Construction (NAWIC)