Area of expertise

Commercial Law

  • Commercial Litigation & Dispute Resolution
  • Insolvency & Reconstruction

Patrick Kaluski

Partner LLB, BA

office Newcastle
phone +61 2 4911 5483
email pkaluski@moray.com.au

Patrick is a Partner with over 15 years’ experience specialising in commercial litigation, insolvency law and construction law. Patrick has worked in private practice and specialist in house roles in Sydney, London and now his home town of Newcastle.

Patrick has extensive experience acting for corporate and government clients in commercial and dispute resolution matters. He combines legal excellence with a view to achieving practical and commercial results.

Patrick has advised and represented clients in a number of key industries including construction, mining and engineering, property, transport, health, manufacturing and utilities. He has appeared and acted for those clients in all jurisdictions including the High Court of Australia, the Federal Court and Supreme Courts of various states.

Patrick is also experienced in alternative dispute resolution. He has acted for and advised clients in mediation, arbitration and expert determination.

Major matters

  • Acting for and advising clients in relation to proceedings in the Federal Court and Supreme Courts alleging breaches of contract and claims pursuant to the Competition and Consumer Act (formerly the Trade Practices Act)
  • Acting for and advising clients in relation to proceedings in the Supreme Court of New South Wales Equity Division, seeking declaratory and injunctive relief
  • Advising liquidators, receivers and administrators in relation to appointment issues and various aspects of the relevant insolvency administrations
  • Acting for and advising corporate clients in relation to proceedings in the Federal Court and Supreme Court of New South Wales arising from issues pursuant to the Corporations Act, including alleged breaches of director’s duties and void payments because of an unfair preference, uncommercial transaction and insolvent transaction under the Corporations Act
  • Successfully acting for creditors to retrieve funds held by debtors in both insolvency and bankruptcy proceedings
  • Advising bankruptcy trustees in relation to claims under the Bankruptcy Act 1966
  • Advising a client in relation to claims arising from a Mine Operating Services Agreement with a total value of approximately $90 million
  • Preparing numerous claims and adjudications and responses arising from construction contracts under the Building and Construction Industry Security of Payment Act 1999 (NSW) and related legislation in Queensland and Victoria.

Published Articles

NSW COURT OF APPEAL CONFIRMS REDUCED SCOPE TO CHALLENGE AN ADJUDICATOR’S DETERMINATION

Commercial Directions

Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2) [2016] NSWCA 379 Moray & Agnew acted for the…

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Professional Membership

  • Australian Restructuring Insolvency & Turnaround Association
  • Law Society of NSW