John acts for both plaintiffs and defendants in all areas of commercial law.
He has appeared regularly in the District Court, Supreme Court of Queensland and the Federal Court and has been invloved in numerous appeals to the Queensland Court of Appeal.
John has been briefed by national top tier firms to advise insurers and reinsurers regarding policy coverage and liability on professional negligence, property damage and all manner of commercial risks.
CURRICULLUM VITAE
Queensland University of Technology
Awarded a Bachelor of Laws degree in 1995 with 2A Honours
Awarded the Australian and New Zealand Maritime Law Association Prize in 1995
Legal Practice
1995-1998 – Articled clerk/solicitor Clayton Utz
1998-1999 – Solicitor Gadens Lawyers (Gold Coast office); Carter Newell (Brisbane)
1999-2001 – Senior Solicitor Clayton Utz
2001 – First admitted as a barrister in the State of Queensland
Notable Cases
Landlush v Rutherford [2003] 1 Qd R 236
(caveats; injunctions)
Kentbrock Pty Ltd v Gold Coat City Council [2003] QPEC 020
(planning and environment ; material change of use)
Jenkins & Anor v Martin & Anor [2003] QSC 400; [2005] QCA 64
(professional negligence; practice; pleadings; dismissal of proceedings)
Formal Wear Express Franchising Pty Ltd v Roach [2004] QCA 339
(contempt; breaches of undertakings to court; appropriate sentence)
Rapid Roofing Pty Ltd & Ors v Natalise Pty Ltd & Anor [2007] 2 Qd R 515; [2007] HCAT Trans 57
(conversion, trover , detinue, misleading and deceptive conduct, damages, remoteness of damage, consequential loss)
Theiss Pty Ltd v ERC Frankona Reinsurance Limited (2007) QSC 004
(insurance; reinsurance; policy construction; “follow the leader ” clauses )
Howarth & Anor v Miotti & Anor [2009] QSC 96
(professional negligence; causation of damage)
Menkens & Anor v Wintour & Anor [2011] QSC 7
(equity, equitable remedies, fiduciary duties, confidential information)
Re Octaviar Ltd; Re Octaviar Administration Pty Ltd [2009] QSC 37
(deeds of company administration; principles in setting aside; contract construction)
Rodionoff & Ors v Favero Enterprises Pty Ltd [2014] QSC 129
(procedure; without prejudice privilege; implied waiver of without prejudice privilege)
Jenkins & Anor v Bourke & Ors [2015] QDC 249
(contract; contract construction; admissibility of extrinsic evidence)
Hua & Ors v Winslet & Ors [2016] QDC 163
(procedure; summary judgement; striking out pleadings)
Nichols Constructions Pty Ltd v Mt Marlow Pty Ltd & Anor [2016] QSC 1
(procedure; striking out pleadings; summary judgement)
The Sands Gold Coast Pty Ltd v Body Corporate for The Sands [No 2] [2016] QCAT
(contract construction; termination of service contract; body corporate powers and duties; remedial action notices; statutory interpretation)
JOHN C FAULKNER