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Faye Ashworth
BCL (Oxon)
MPhil (Oxon)
LLB (Adelaide)
Faye is a highly experienced barrister who maintains a strong commercial practice with particular expertise in building and construction law, the law of obligations (especially contract law) and remedies (especially the law of damages). Faye appears in courts and tribunals throughout Australia, and in arbitrations domestically and internationally. In 2019, Faye was a finalist for Barrister of the Year as part of the Australian Law Awards.
The breadth of Faye’s experience and depth of her knowledge, coupled with her tenacity, commitment and hard work to protect and further her clients’ interests, is well recognised and she is often briefed to work with some of Australia’s leading senior counsel in high value and complex hearings and appeals. Even when led, Faye assumes a substantial role in preparation for and presentation of the case. For example, Faye was briefed by a top-tier law firm to appear with an English Queen’s Counsel in a multi-billion dollar international commercial arbitration in Singapore, in which she cross-examined witnesses of fact and a key expert and addressed the tribunal by way of closing submissions on the law.
Prior to being called to the Bar, Faye gained significant experience as a Senior Associate (and previously as a Lawyer) within the Commercial Litigation practice at Clayton Utz and the Insurance Litigation team in the Construction and Major Projects group at Thomson Playford (now Thomson Geer).
Faye’s intellectual rigour is supported by her academic credentials. She read for a Bachelor of Civil Law and Master of Philosophy in Law at the University of Oxford, where her dissertation in the latter was entitled “Damages for delay in the delivery of non-profit earning assets pursuant to Public Private Partnership (PPP) contracts”. She also holds a Bachelor of Laws from the University of Adelaide.
See a copy of Faye’s CV here.
2013-Present, Barrister, Wardell Chambers
2011-2012, MPhil (Oxon)
2010-2011, BCL (Oxon)
2008-2010, Senior Associate, Clayton Utz
2006-2008, Lawyer, Thomson Playford (now Thomson Geer)
LCT-MRE Nominees Pty Ltd & Anor v Thiess Pty Ltd, John Holland Pty Ltd & CIMIC Group Ltd (led by Braham SC with Simpson): Appearing for contractor in defence of high value claim in the Supreme Court of New South Wales regarding design and construct contract in relation to tunnel infrastructure.
Ord Irrigation Co-Operative Ltd v Department of Water and Environmental Regulation [2020] WASAT 68: Appeared (leading Douglas-Baker) for OIC (a major water infrastructure operator) on behalf of 67 irrigator members in successful merits review proceedings in respect of a decision to reduce annual water entitlement under the largest volume water licence in Western Australia, heard by a three-member tribunal over two weeks in Kununurra. Those proceedings had been remitted following a successful appeal (led by Walker SC) to the Western Australia Court of Appeal in judicial review proceedings: [2018] WASCA 83.
Law Society of Northern Territory v Wyvill [2020] LPDT (led by J Kirk SC with Robertson): Appeared for senior counsel before the Legal Practitioners Disciplinary Tribunal of the Northern Territory in successful defence of multiple allegations of professional misconduct and unsatisfactory professional conduct relating to comments regarding a judicial officer and commissioner of inquiry, and evidence in Supreme Court proceedings.
In the matter of an arbitration pursuant to the UNCITRAL Rules (led by Rowland QC): Appeared for contractor in international arbitration with a Singapore seat in defence of claim exceeding $1 billion in relation to EPC contract for the construction of major LNG infrastructure. Addressed the three-member tribunal in closing submissions on the entitlement to and proper measure of damages, contractual indemnities and other relief, and conducted cross-examination of key expert witness and witnesses of fact, being professors or professional scientists.
Southern Cross Care (Tasmania) Incorporated v Paul [2019] HCASL 45 (led by Walker SC): Appeared for and advised Southern Cross Care at first instance and on successful appeal ([2018] TASFC 9]) and response to application for special leave therefrom, regarding the exemption from local government rates for land owned and occupied exclusively for charitable purposes.
Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth & Anor [2018] FCA 1556 (led by Darke SC): Appeared for adversely affected party (generic pharmaceutical product manufacturer based in Greece) in six week trial in successful claim under undertakings as to damages in patent infringement proceedings.
In the matter of PrimeSpace Property Investment Ltd (unled): Appeared (in the Supreme Court of New South Wales) for and advised liquidators in relation to issues arising in liquidation involving debts exceeding $25 million, including commencement and settlement of proceedings against former solicitors of company for claim exceeding $20 million and defence of proceedings brought against company in relation to complex multi-party transactions entered into over extended period by company in capacity of trustee and responsible entity of various trusts and managed investment schemes.
Lifeplan Australia Friendly Society & Anor v McGraw-Hill Financial Inc & Ors (led by Walker SC/Hoffmann QC): Appeared for applicants and group members in representative proceedings against Standard & Poor’s entities in relation to rating of complex financial products (synthetic collateralised debt obligations and constant proportion debt obligations) with losses exceeding $50 million. Claims included misleading or deceptive conduct and false or misleading statements under the Corporations Act 2001 (Cth) and the Australian Securities and Investments Commission Act 2001 (Cth), and negligent misstatement.
Allianz Australia Insurance Ltd v Mercer [2016] TASFC 2 (led by Rich SC): Appeared for insurer in remitted proceedings ([2014] TASSC 69) and on appeal regarding date of discoverability, commencement of limitation period and accrual of cause of action.
Patrick Stevedores Operations (No 2) Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd [2014] NSWSC 1413 (led by Rowland QC): Appeared for the Plaintiff in successful judicial review proceedings declaring void $23 million adjudication determination, including involving consideration of the accrual of reference dates under the Building and Construction Industry Security of Payment Act 1999 (NSW) following termination of a construction contract.