Tom Walker Principal
BA, LLB

Tom was admitted to practice in the Northern Territory in 1994, and spent ten years living in Darwin practising mainly in the areas of commercial law, building and construction disputes, and professional indemnity insurance litigation. He returned to Adelaide in 2002 and joined Clelands in 2006.

His main area of practice can be broadly defined as business dispute resolution and includes all types of commercial litigation. Tom specialises in:

  • Building and construction law
  • Partnership and shareholder disputes
  • Leasing and property law, including fencing and boundary disputes
  • Planning law
  • Intellectual property
  • Insolvency
  • Mining law
  • Elder law

Over his 25 years of practise Tom has acted on behalf of many builder clients, both domestic and commercial, and has developed good working relationships with many expert building and quantity surveying witnesses in Adelaide.

Tom has a very good understanding of the Building and Construction Industry Security of Payments Act (2009)(SA), the Building Work Contractors Act, and the Workers Liens Act, all of which are critical to the South Australian building industry.

Tom recently presented a seminar series to the Specialist Contractors Association (SA) Inc. regarding unfair risk allocation under building subcontracts.

Tom also has experience in insolvency law, in particular the winding up of corporations, the setting aside of insolvent transactions and recovering preferential payments, as well as defending both types of claims.

He also deals with commercial transactions, including sales of business, property development agreements, retail and commercial leasing, shareholder agreements and joint venture agreements of all types.

Tom has also developed a practice in mining compensation and access agreements, and providing advice regarding the Mining Act (SA), as well as in the area of the compulsory acquisition of land under Commonwealth and state legislation.

Recently Tom acted on behalf of the building owner in a significant Federal Court action concerning a defective air-conditioning system installed in a “5 star” NABERS building. In the course of this dispute Tom learnt a great deal about the physics and science of air-conditioning, the installation and commissioning of a high end air-conditioning system, and many aspects of building and construction law.

 

Areas of Practice

Building & Construction Law

Intellectual Property

Liquidation & Corporate Insolvency

Litigation & Dispute Resolution

Mining Access & Compensation Law

 

TOM'S ARTICLES

The Applicability of the Retail Commercial Leases Act (1995) (SA)

Get your money back: How to collect your debts

The Worker's Liens Act & The Statutory Charge

The Mining Act - Access & Compensation Agreements

Good Fences Make Good Neighbours