Jay Hatten

Jay is a Principal with a focus on Litigation & Dispute Resolution, and a founding member of CDI Lawyers.

E:
jhatten@cdilawyers.com.au

Jay has strong focus work health and safety, having advised and acted for both international and domestic clients under Australia’s work health and safety laws. In times of crisis, Jay and his team provide urgent on-site support acting as trusted advisers, managing work health and safety (WH&S) investigations and defending WH&S prosecutions. Jay’s construction, development, infrastructure and mining experience, including in relation to complex disputes regarding delay claims, means that Jay possess a unique set of skills and experience allowing Jay to approach WH&S in a more commercially sensible and practical way.

Most recently, Jay acted for an international client in relation to a fatality on the $50 billion-dollar Ichthys LNG Project in Darwin, which saw Jay on-site almost immediately after the incident providing urgent support and legal guidance with respect to the internal and regulatory investigations, the management of union officials and compliance with regulatory action. In the subsequent criminal prosecution proceedings, Jay successfully argued that the charge brought by the statutory authority was invalid, resulting in the charge being dismissed and the client not having to face costly and lengthy legal proceedings defending the charge.

Separately, Jay specialises in dispute resolution and litigation having advised and acted for clients on all aspects of construction, development, infrastructure and mining disputes including entitlement under security of payment legislation, termination, cashing securities, latent conditions, variations, extension of time claims, delay costs, and the application of contractual time bars. In particular, Jay acted for a joint venture of Monadelphous Engineering and Muhibbah (Malaysia) concerning the Wiggins Island Coal Export Terminal in Gladstone, which included:

• The recovery of over $220 million in one of Australia’s largest ever adjudication disputes; and
• Supreme Court proceedings concerning claims and counterclaims in excess of $400 million.

Select matters and projects

Managing and conducting investigations of a workplace fatality by WorkSafe officials, the Coroner, Unions and internal investigations – Fatality on the $50 billion-dollar Ichthys LNG Project in Darwin, requiring management and coordination of parties, workers and officials, the management and conduction of investigations and daily on-site support to the client and its employees.

Prosecution of Kawasaki Heavy Industries, Ltd by NT Work Health Authority – Successful strike out of charges brought against Kawasaki Heavy Industries, Ltd. (Japan) arising from the fatality of a worker.

Expert Determination – Latent conditions and associated delay and variation claims – Acting for the developer of a 25-storey, 220 apartment, mixed-use residential and retail development regarding a number of alleged latent conditions encountered by the contractor and the associated delay and variation claims. This required a detailed understanding and analysis of foundation piling, geotechnical reports and surveys, retail building foundations and ground anchoring.

OFSC Accreditation and ISO Accreditations – advising and assisting an international construction company with respect to it obtaining Office of the Federal Safety Commissioner Accreditation (OFSC Accreditation) and International Organisation of or Standardisation Accreditations (IFO Accreditation).

Wiggins Island Coal Export Terminal, Gladstone (AU$6 billion) – Acting for the joint venture of Monadelphous Engineering and Muhibbah Engineering (Malaysia) against the developer of an AU$6 billion coal terminal in Gladstone, QLD. Monadelphous and Muhibbah recovered over AU$220 million arising from hundreds of complex and interrelated variation, delay and disruption claims.

ICC Arbitration, Ichthys LNG project, Darwin (AU$50 billion) – Acting for multinational Japanese heavy industries contractor in an AU$1.2 billion international arbitration under the ICC Rule against a consortium partner arising from the AU$50 billion Ichthys LNG project in Darwin.