Russell Ensbey
Special Counsel
Practice Area
Industry Expertise
Expertise
Russell has been practicing exclusively in the area of building and construction for 22 years. Russell’s practice is based on advising and acting for all participants in the building industry (principals, contractors, subcontractors, developers and residential builders and owners) in relation to dispute resolution and management, as required.
Russell also also advises in relation to the meaning and construction of contracts including AS 2124 and the QMBA and HIA Residential and Commercial Contracts and Subcontracts and risk management in relation to the contracts.
Recent Matters
Commercial Construction Litigation
- Acting for developer in District Court proceedings concerning defective lawn bowling rink.
- Successfully assisting commercial client in pursuing payment claim under the Building and Construction Industry Payments Act 2004 to obtaining a favourable adjudication decision (which was subsequently upheld in the Supreme Court).
Residential Construction Disputes
- Successfully prosecuting claim by builder of a claim of approximately $200,000 (including interest) – the litigation involved issues concerning contract termination and quantum meruit claims.
- Successfully defending Claim in the Planning and Environment Court brought against home owners by adjoining owners concerning a residential development over $2M in relation to whether the building approvals had been properly obtained. Also obtaining order for indemnity costs against the adjoining owners.
Professional Background and Education
Qualifications
- Bachelor of Arts, University of Queensland
- Bachelor of Laws (Second Class Honours) University of Queensland
- Master of Laws, Queensland University of Technology
- Qualified Mediator
Admissions
- Supreme Court of Queensland
Professional Memberships
- Queensland Law Society
- Queensland Master Builders Association
Recent Publications
"Access by Homeowners during construction, Part 2: What are the ins and outs?", Master Builder Magazine, 2011
"Get Advice – Before It’s Too Late!", Master Builder Magazine, 2011