Email
tracey.visintin@feg.com.au

Telephone
+61 (0) 8 8110 8025

Prior to commencing in private practice in 2006, Tracey had a successful 19 year career in the building and construction industry where she worked in the areas of contract administration and project management. Tracey is an experienced litigator, having practised in Federal, Supreme, District and Magistrate Court jurisdictions both in South Australia and interstate. Tracey has extensive experience in alternative dispute resolution including mediation, arbitration and expert determination. With particular focus on building and construction disputes, Tracey understands that clients do not generally want to be involved in unnecessary litigation. She offers flexible and practical advice to both litigants and defendants designed to achieve commercially driven, cost effective dispute solutions.

Principal Areas of Practice

  • Commercial Litigation
  • Alternative dispute resolution
  • Construction and Infrastructure Projects
  • Leasing and property disputes

Qualifications

  • Bachelor of Laws
  • Graduate Diploma in Legal Practice
  • Associate Diploma in Accounting

Organisations

Law Society of South Australia

HiViz – Women Building SA

Golden Key International Honour Society

Professional Experience

Construction and Infrastructure Disputes

  • Provided advice to a national building company (principal contractor) in a Supreme Court Action to recover amounts for significant building works completed in the absence of an executed contract.
  • Advised a principal contractor in delay, disruption and acceleration claim concerning the construction of a uranium mine.
  • Acted for a mechanical services subcontractor in Arbitration proceedings to recover delay damages and variations during construction of a multi-storey retail and car park development.
  • Advised a national electrical subcontractor in respect of delay and disruption losses on a water treatment plant.
  • Advised an engineering company in relation to delay, disruption and variation claims concerning a floating wet mineral concentrator plant.
  • Acted for the principal contractor in a Supreme Court Action to test the application of the Building and Construction Industry Security of Payment Act 2009 (SA) to borderline or technically insolvent subcontractors.
  • Provided advice to a principal contractor to defend allegations of defective building work in a multi-storey aged residential facility.
  • Acted for an engineering company in relation to a claim for delays, disruption and variations in respect of a gas hub and pipeline project.
  • Advised a developer of numerous retail sites throughout South Australia in relation to misleading and deceptive conduct and over servicing by an electrical service provider.
  • Acted for a railway systems company in relation to the manufacture and supply of defective component castings.
  • Extensive experience advising on and settling various contractual, negligence and misrepresentation claims, particularly in the context of building, construction and infrastructure projects.
  • Advised on Worker’s liens and statutory charges.

Commercial Dispute

  • Provided advice to a pharmaceutical company in Federal Court proceedings concerning allegations of parallel importation, passing off, trademark infringements, copyright infringement and breach of confidence.
  • Advised a minority shareholder in a Supreme Court oppression action to recover proceeds from a business sale transaction to an unrelated third party.
  • Acted for a national employer to defend Supreme Court proceedings concerning directors accessorial liability under the Corporations Act for misuse of position and/or misuse of information, conspiracy and interfering with a contract.
  • Provided advice to the owners and operators of a retirement village development to defend Supreme Court allegations of misleading and deceptive conduct and defective building work.
  • Acted for the landlord of commercial premises to recover losses for wrongful termination and abandonment of a lease.
  • Advised the landlord of a commercial property in relation to a failure to take possession pursuant to an Agreement to Lease.
  • Provided advice on Commercial distraints and rent recovery.