Dr Andrew Greinke

Dr Andrew Greinke
0407 460 076
agreinke@qldbar.asn.au
BComm (Hons), LLB (Hons), PhD (ANU)
Called to the Bar in 1999
andrewgreinke.com.au  |  Download CV

Overview of practice

Dr Andrew Greinke has over 26 years of trial and appellate experience. He conducts a national practice from chambers in Brisbane and Sydney, regularly appearing unled against Senior Counsel in Supreme Court and Federal Court matters, and leading juniors in complex trials and appeals. He is based in Canberra and appears across all Australian jurisdictions. His principal areas of practice are:

  • building and construction, particularly Security of Payment
  • equity and trusts, fiduciary duties, undue influence
  • franchise disputes
  • misleading conduct and consumer protection
  • real property, caveats, commercial leases
  • wills, estates and family provision

His practice has generated more than 250 written judgments, of which 38 are reported decisions. He is a member of the Bar Association of Queensland’s Building and Construction Law Committee.

Appellate advocacy

Andrew has argued more than 50 appeals in the Federal Court of Australia and Courts of Appeal in Queensland, New South Wales and the ACT. He has been briefed in 24 matters in the High Court of Australia, including appearing in a Full Court appeal led by Bret Walker SC. He has lectured on appeals to the Queensland Bar Practice Course and participated in the Australian Bar Association’s 5th Appellate Advocacy Workshop. Notable appeals:

  • Changela v Dracoma Pty Ltd [2025] NSWCA 186 — s 588FDA Corporations Act, voidable transactions
  • Leyonhjelm v Hanson-Young (2021) 282 FCR 341 — defamation, qualified privilege, Parliamentary privilege
  • Heiko Constructions v Tyson (2020) 282 FCR 297 — protections under s 348 Fair Work Act
  • Commissioner of the AFP v Hart (2018) 262 CLR 76 — Proceeds of Crime Act, High Court, led by Bret Walker SC
  • Tang v Minister for Immigration (2013) 217 FCR 55 — supervisory jurisdiction of Federal Court
  • Agripay Pty Ltd v Byrne [2011] 2 Qd R 501 — wife’s special equity, Yerkey v Jones
  • Colly Cotton v Simmons [2006] NSWCA 134 — misleading conduct in foreign exchange cotton marketing

 Building and Construction – Security of Payment

Andrew is one of Australia’s leading barristers in building and construction law with special expertise in Security of Payment disputes. Cases in which he has appeared have set important appellate precedents in Queensland, New South Wales and the ACT. He appears regularly on the Technology and Construction List in the Supreme Court of New South Wales and has expertise in judicial and merits review of rectification orders.

Notable construction cases:
  • TP Dynamics v G&H Plant Hire [2026] ACTSC 15 — judicial review of adjudication, validity of payment schedule
  • 85 Princess Pty Ltd v Fleming [2025] NSWCA 261; [2025] NSWSC 713 — opposed $5.6 million defects claim (led by Pesman SC on appeal)
  • Roberts Co v Sharvain Facades [2025] NSWCA 161 — deeming clauses, timing of service, Payapps
  • Harlech Enterprises v Beno Excavations [2025] NSWCA 5 — restitution of garnisheed monies
  • WNA Construction v Canberra Building [2025] ACTCA 17 — validity of payment claim, Jones v Dunkel
  • Hestbay v One Sector [2024] QSC 180 — opposed $7 million construction claim (led by Ambrose KC)
  • Kennedy Civil v Total Construction [2023] NSWCA 306 — valid payment claim, misleading conduct
  • Bloc Constructions v ABS Façade [2023] FCA 1282 — identification of construction work, jurisdictional error
  • Harlech v Beno Excavations (2022) 18 ACTLR 245 — issue estoppel and adjudication determinations
  • Style Timber Floor v Krivosudsky (2019) 100 NSWLR 133 — valid payment schedule, summary judgment
  • Perform v Mev-Aus [2009] NSWCA 157 — jurisdictional error, identification of construction work

Cross-examination and expert evidence

Andrew has finely honed cross-examination skills, particularly in impeaching the credit of lay and expert witnesses. He is experienced in concurrent expert evidence (“hot-tub”) procedures across disciplines including accounting, concrete technology, construction, earthworks, engineering, elevator design, quantity surveying, secant walls and town planning. Key cases impeaching opponent witnesses:

  • 85 Princess v Fleming [2025] NSWSC 713 — impeached engineering expert in $5.6 million building defects claim
  • Girchow v Ultimate Franchising Group [2023] FCA 420 — exposed misleading franchisor representations, $5.8 million
  • Shah v Hagemrad [2018] FCA 91 — fraudulent representations by franchise seller
  • Nolan v Nolan [2014] QSC 218 — impeached credit in constructive trust claim

Equity and trusts

Andrew has special expertise in equitable remedies including breaches of fiduciary duties, undue influence, unconscionable conduct, estoppel and constructive trusts. His article with Dr Gillian Dempsey, “Proscriptive Fiduciary Duties in Australia” (2004) 25 Australian Bar Review 1–13, has been cited with approval by the Full Federal Court and the NSW Court of Appeal.

Franchise disputes

Andrew acts in disputes between franchisor and franchisee, including breaches of the Franchising Code of Conduct and sales of franchised businesses. His cases have involved brands including Crema Coffee, Crust Pizza, Domino’s, Gloria Jean’s, Michel’s Patisserie, Pizza Hut, Roll’d, Subway, UFC Gyms and Zuzu’s Gelato.

Mediations

Andrew has appeared in more than 100 mediations across commercial, construction, franchise and estate disputes, including before the Hon Michael Kirby AC CMG KC, the Hon Michael McHugh AC KC, the Hon Kevin Lindgren AM KC and Ian Hangar KC.

Publications and presentations

More than 40 publications including refereed journal articles, conference papers and CLE presentations. His article with Dr Gillian Dempsey on fiduciary duties in the Australian Bar Review was cited with approval by the Full Federal Court in Expectation Pty Ltd v PRD Realty Pty Ltd (2004) 140 FCR 17 and by the NSW Court of Appeal.

In 2026, Andrew was invited by the Queensland Legal Services Commissioner to present to the Commission and to Supreme Court and Federal Court judges on digital forgery and evidence law.  He was subsequently invited by the Queensland Law Reform Commission to assist in developing evidentiary rules on digital evidence.

Pro bono and community

Member of LawRight and Justice Connect. Regularly referred pro bono matters by the Bar Association of Queensland and the Supreme Court of NSW pro bono panel. Since 2020, acting without fee for the Dunghutti Aboriginal community at Kempsey, NSW, in representative proceedings in the Supreme Court to establish equitable property rights and resist eviction of Aboriginal residents from their tribal lands, including Aboriginal Housing Office v Jacky [2022] NSWSC 916 and a three-day judicial advice hearing in May 2026.

Qualifications

Called to the Bar in 1999
Visiting Fellow, Faculty of Law, University of Cambridge
Senior Lecturer, TC Beirne School of Law, University of Queensland
Doctor of Philosophy (Australian National University)
Bachelor of Laws with first class honours (ANU)
Bachelor of Commerce with first class honours (ANU)
Certified Practising Accountant (CPA)