Melany Dowse Melany Dowse

Melany Dowse

Associate Construction & Infrastructure | Brisbane
07 3231 0412 mdowse@mcw.com.au Download vCard

Melany is an Associate in the Construction and Infrastructure Team and has over 10 years experience in commercial dispute resolution and litigation.  

Melany has extensive experience in the construction law, insolvency law, contract and property law spaces and specialises in large and/or complex construction litigation, arbitration and negotiation and adjudications under the Security of Payments legislation. 

Melany seeks to ensure that disputes are resolved as quickly and efficiently as possible keeping in mind her client’s commercial considerations.  

Melany specialises in all areas of building and construction law and works predominantly with commercial builders, developers, body corporates, subcontractors and other professionals within the industry. Melany also has extensive insolvency experience relevant to the construction industry and has worked with liquidators appointed to companies and for creditors affected by the liquidation. 

Melany understands the practical side of delivering a project

Melany's Qualifications

  • Bachelor of Laws, University of Queensland
  • Bachelor of Arts (International Relations), University of Queensland
  • Graduate Diploma in Legal Practice (Hons), Queensland University of Technology

Melany's Expertise

  • Commercial and domestic building disputes
  • Commercial and Insolvency litigation
  • Building and construction contracts
  • Adjudication under Security of Payments Act
  • Building regulations and licensing

Melany's Leadership

  • Member, Queensland Law Society
  • Member, National Association of Women in Construction

Melany's Recent Experience

Area of Expertise

Area of Expertise

Commercial building disputes

Work Undertaken

Acted on behalf of a number of body corporates of a large residential and commercial building which suffered defective works. Negotiated and coordinated rectification of some works with the builder and commenced proceedings in the Supreme Court of Queensland in respect of other defects to the value of $6M.

Area of Expertise

Area of Expertise

Commercial and Insolvency litigation

Work Undertaken

Defended an application and the consequent appeal by a statutory authority to have an adjudication decision for $11M in our client’s favour declared void on jurisdictional grounds. Defended the proceedings commenced by the statutory authority and counterclaimed for $28M.

Area of Expertise

Area of Expertise

Security of Payment

Work Undertaken

Acting and advising in all steps of the adjudication process including the preparation of payment claims, payment schedules, adjudication applications and adjudication responses. Successfully applying to the Supreme Court to have adjudication decisions declared void on jurisdictional grounds, and successfully defending applications against favourable adjudication decisions.

Area of Expertise

Area of Expertise

Risk identification and dispute resolution

Work Undertaken

Assisting clients to identify and manage potential risks and areas where disputes may arise. Resolving disputes that do arise through conflict management, negotiation, mediation, arbitration, expert determination, litigation and/or adjudication.

Area of Expertise

Area of Expertise

Subcontractors’ Charges

Work Undertaken

Acting for subcontractors in preparing and pursuing claims under the Subcontractors’ Charges Act. Acting for principals and head contractors in receipt of a Subcontractor’s Charge and co-ordinating the payment out of funds paid into Court to other claiming subcontractors.

Melany's recent publications

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  1. ADJUDICATOR MUST CONSIDER ARGUMENTS EVEN IF ONLY BRIEFLY!!

    23 Aug 2018

    The recent case of Watkins Contracting Pty Ltd v Hyatt Ground Engineering Pty Ltd [2018] QSC 65 highlights the importance of ensuring that all reasons to deny payment are contained in the payment schedule. Key Takeaway To avoid a decision falling into...

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  2. Novation in construction contracts – what does it really mean?

    30 Aug 2013

    Novation is a significant feature of building and construction projects, particularly in relation to design and construct (D&C) procurement. It is important for construction industry participants (particularly principals, head contractors and...

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