Andrew Greinke

Mobile: 0407 460 076
Email: agreinke@qldbar.asn.au
BComm (Hons), LLB (Hons), PhD (ANU)
Called to the Bar in 1999

Overview of practice
Andrew practices in commercial litigation in Queensland, New South Wales and the ACT, predominantly in the following areas:

  • building and construction, particularly Security of Payment;
  • franchise disputes;
  • equity and trusts;
  • misleading conduct and consumer protection;
  • real property, including commercial leases;
  • wills, estates and family provision.

Andrew has almost 25 years trial and appellate experience, regularly appearing unled against silk in Supreme Court and Federal Court matters, and leading juniors in trials and appeals.  He is experienced in eCourt trials and appeals and appearing on specialised lists.

Appellate advocacy

Briefed in 22 matters in the High Court of Australia, including a Full Court appeal. He has argued more than 50 appeals in the Federal Court of Australia and Courts of Appeal in Queensland, New South Wales and the ACT. Notable appeals:

Leyonhjelm v Hanson-Young (2021) 282 FCR 341; 387 ALR 384; [2021] FCAFC 22 – defamation, qualified privilege, Parliamentary privilege, malice

Heiko Constructions t/as Heiko Constructions Pty Ltd v Tyson (2020) 282 FCR 297; [2020] FCAFC 208 – protections under s 348 of the Fair Work Act 2009 (Cth)

Commissioner of the AFP v Hart (2018) 262 CLR 76; [2018] HCA 1; Commissioner of the AFP v Hart (2016) 336 ALR 492; [2016] QCA 215 – recovery of forfeited property under the Proceeds of Crime Act 2002 (Cth)

Tang v Minister for Immigration and Citizenship (2013) 217 FCR 55; [2013] FCAFC 139 – supervisory jurisdiction of Federal Court in migration matters

Agripay Pty Ltd v Byrne [2011] 2 Qd R 501; [2011] QCA 85 – wife’s special equity principle from Yerkey v Jones

Fortuna Seafoods Pty Ltd v The Ship “Eternal Wind” [2008] 1 Qd R 429 – duty of care for purely economic loss, proximate loss

Colly Cotton Marketing Pty Ltd v Simmons [2006] NSWCA 134 – misleading or deceptive conduct in foreign exchange cotton marketing

Building and construction – Security of payment

Andrew is one of Australia’s leading junior barristers in building and construction law with special expertise in claims under Security of Payment legislation. Cases in which Andrew has appeared have set important precedents.

Recently in Hestbay Pty Ltd v One Sector Pty Ltd [2024] QSC 180 he was successful in opposing a $7 million construction claim in the Supreme Court of Queensland.

Notable security of payment cases:

Kennedy Civil Contracting Pty Ltd (subject to Deed of Co Arrangement) v Linx Constructions Pty Ltd [2024] NSWSC 366 (under appeal) – whether a claimed set-off constitutes an improper cross-claim

Civil & Civic Corp Pty Ltd v Nova Builders Pty Ltd [2023] ACTCA 30 – whether building work attaches to specific reference dates

Kennedy Civil Contracting Pty Ltd (subject to deed of company arrangement) v Total Construction Pty Ltd [2023] NSWCA 306; [2023] NSWDC 325 – requirements for a valid payment claim, misleading or deceptive conduct

Harlech Enterprises Pty Ltd v Beno Excavations Pty Ltd (2022) 18 ACTLR 245; ACTCA 42 – whether issue estoppel applies to adjudication determinations

Style TImber Floor v Krivosudsky (2019) 100 NSWLR 133; [2019] NSWCA 17 – the requirements for a valid payment schedule, proper approach for summary judgment applications under SoPA

Perform (NSW) Pty Ltd v Mev-Aus Pty Ltd [2009] NSWCA 157 – jurisdictional error, identification of construction work, good faith

University of Sydney v Cadence Australia Pty Ltd [2009] NSWSC 635; Urban Traders Pty Ltd v Paul Michael Pty Ltd [2009] NSWSC 1072 – restraint of repetitive SoPA payment claims as an abuse of process

Cross-examination

Finely honed cross-examination skills, particularly cross-examination challenging credit and experts. Key cases impeaching opponent witnesses:

Expert evidence
Well versed in experts from diverse disciplines including: accounting, construction, earthworks, economics, engineering, elevator design, finance, solicitors’ professional conduct, quantity surveying, real estate valuation, secant walls, share trading and town planning. Experienced in “hot-tub” cross-examination of multiple experts.