Legal Expertise
Penny Swain has over 30 years’ experience advising on project documentation, contract administration and dispute resolution. Her work covers large scale construction, infrastructure, resources, technology and defence projects. Penny has extensive experience on Public Private Partnerships for transport, health and accommodation projects. Penny has been recognised by Best Lawyers and Doyle’s Guide for her expertise in the field of Construction/Infrastructure and Alternative Dispute Resolution.
Project
Documentation
Advising on tenders, preparation of contract departures and negotiation of project agreements for supply, design, construction, operation and maintenance.
Contract
Administration
Advising on the broad range of issues that arise during the delivery stage of complex projects: delay, variations, defects, site conditions, default, termination, insolvency, novation.
Dispute Avoidance and
Dispute Resolution
Advising on mediations, arbitrations, expert determinations and court proceedings.
Penny Swain is recognised in Best Lawyers for her expertise in construction / infrastructure law and alternative dispute resolution.
Penny’s advice is invaluable to our company and helps us successfully mitigate and manage contractual risks. Australian infrastructure contracts are complex, and her attention to detail helps identify the many contractual interrelationships. She supports us in navigating the difference between legal and commercial risk, allowing us to make informed business decisions about risk/reward balance.
We are experienced practitioners involved in all aspects of the full spectrum of project development. Many of our engagements have been in association with Penny whose knowledgeable grasp of the legal frameworks and wise counsel has always pointed to the most efficient path to success and resolution. Penny’s prediction of outcomes inevitably proves to be right. Penny always holds the clients’ interests foremost, including finding solutions which are not only pragmatic but which also consider the minimisation of legal costs, which we have found to be unusual for a lawyer.
Our specialist industry has some unusual risks. Penny’s insight and knowledge of current market trends has steered our commercial agreements clear of problematic areas and safeguarded our company’s interests. Her approach to contract negotiations is tailored to our scope and she understands our risk appetite. This benefits our outcome every time.
I’ve worked with Penny for many years. She is always ready to roll up her sleeves and to work with you. For projects, Penny has a great radar on strategy in terms of how to quickly develop the most effective way forward at each stage of the project. For litigation, time and again I have found that her strategic advice is sound.
Penny specializes in infrastructure contracts and her advice covers the full range from low level contractual changes through to strategic advice on key issues. She’s selective about the clients who she works with and I’m very lucky to have worked with her!
Penny has the enviable skill of being able to understand the audience. She’s able to pitch to that audience in a way that finds common ground for parties to work collaboratively even if their agendas may not have been the same at the start.
Penny's proactive nature, ability to quickly dissect complex matters to identify the key issues and her focus on providing commercially pragmatic solutions make Penny a valued and trusted advisor to our business.
One of the best infrastructure lawyers in Australia. Penny provides clarity for our organisation and enables us to make well informed decisions on complex issues in real time.
Energy and Renewables