Area of expertise

Commercial Law

  • Construction & Infrastructure
  • Engineering Claims

Nathan Cutts

Partner LLB, BE (Chem)

office Melbourne
phone +61 3 8687 7367

Nathan is a key member of our construction law team with significant experience in drafting of contracts for participants in the building and construction industry as well as building, construction and engineering claims.

During his career, Nathan has acted for and against a range of construction professionals, including architects, builders, engineers, surveyors and project managers as well as, subcontractors, developers, owners, suppliers and municipalities. In addition, he has advised on construction / building contracts, consultancy agreements, deeds of novation, tri-partite deeds and other comparable agreements and has drafted special conditions for Australian Standard contracts, ABIC contracts plus contracts produced by the Housing Industry Association and Master Builders’ Association of Victoria.

Nathan is experienced in conducting complex multi-party litigation, including both defendant and plaintiff work, and regularly appears in all Victorian courts, the Federal Court of Australia, the Victorian Civil and Administrative Tribunal and the Building Appeals Board.

Nathan has acted for both applicants and respondents in connection with claims arising from the Building and Construction Industry Security of Payment Act 2002 (Vic) and equivalent legislation in other Australian jurisdictions. This work includes drafting of payment claims, payment schedules, rights of recovery against Principals and rights to progress payments and judicial reviews of determinations made by adjudicators.

Nathan has also defended enforcement applications and made applications on behalf of clients for planning permits, amendments to planning permits, Works Approvals and EPA licences.

The 2020 edition of renowned legal directory The Legal 500 notes our Construction team as ‘Responsive, pragmatic, commercial, and true expertise’ and offering ‘Technical expertise balanced with pragmatic commercial drafting and solutions’.

Some of his major projects include:

  • ‘Vogue’ commercial, supermarket and residential tower at South Yarra
  • A 69 storey residential and commercial development at 568 Collins Street, Melbourne
  • A 283 townhouse development at 164 Ingles Street, Port Melbourne
  • Collins Square – Australia’s  largest commercial mixed use development, comprising five commercial towers over 10,000 square metres of retail podium and the refurbishment of the historic Southern Goods Shed. The $1.3 billion project is situated on a whole city block with 190 metres of Collins Street frontage.
  • Equity Chambers – prepared the construction agreements, including the consultancy agreements, for the redevelopment of Equity Chambers at 472 Bourke Street, Melbourne
  • Upper West Side in Melbourne – this development involves one of Melbourne’s largest inner city developments with 2,600 apartments over 4 towers with an approximate project value of $1 billion
  • 605 Lonsdale Street Melbourne – this project involves a 40 level tower comprising 412 apartments
  • The Towers and Ritz-Carlton Hotel, a two tower, 420 apartment residential development and 240 room hotel in the new Elizabeth Quay precinct in Perth
  • Bespoke Fitzroy – project comprising 31 boutique apartments located in Argyle Street, Fitzroy
  • Seed Preston – High Street, Preston comprising 43 apartments
  • ‘The Avenues’ luxury townhouses at Docklands.

Nathan’s private clients have also entrusted him with the contract preparation, negotiation and dispute resolution for some of Melbourne’s finest homes, with construction costs for some of the homes exceeding $20 million.

Professional Membership

  • Building Dispute Practitioners Society
  • Law Institute of Victoria