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Kazia Klopper

Senior Associate
+1.61.8.9216.0925
Fax +61.8.9216.0901

Ms. Klopper is a commercial disputes lawyer with extensive experience in resolving disputes across a range of industries with a particular focus on building, construction and engineering.

She has acted for clients in mediations, arbitrations, the Building Commission, the State Administrative Tribunal and the District and Supreme Courts of Western Australia and New South Wales across a variety of matters including contract, negligence, property, consumer and competition law, intellectual property and insolvency.

She enjoys working with clients to achieve their commercial objectives. Ms. Klopper strongly believes in providing solid advice and options to the client early in any dispute.

Professional Background

In 2008 Ms. Klopper returned to Perth from Sydney where she had worked for a number of years as a commercial litigator in a national firm dealing with a range of general commercial disputes. She joined a highly regarded boutique Perth firm and focused her experience in building, construction and engineering disputes.

Professional/Civic Activities

  • Society of Construction Law Australia, Member
  • National Association of Women in Construction, Member
  • Representing an oil and gas company in a WA Supreme Court matter in relation to the proper construction of terms in a seismic data licence agreement relating to the circumstances in which the licensee is required to pay a further fee.
  • Representing a global engineering company in an international arbitration in relation to its variation and delay claims arising under an EPCM contract. The dispute concerned the construction of a minerals processing plant and the case required particular focus and understanding of the commissioning phase.
  • Advising a WA university responding to a builder's claims arising from the design and construction of a complex university building and associated structures.
  • Advising a listed civil construction and mining contractor in relation to a number of large scale projects across its portfolio including highway construction, mining construction camps and housing developments.
  • Acting for a national retailer of handbags, suitcases and wallets in relation to trade mark infringement proceedings.
  • Acting for a global mechanical services contractor in relation to claims arising from the St John of God Midland Public Hospital.
  • Representing a construction contractor in the WA Supreme Court defending its right to call on the subcontractor's guarantees. The dispute required consideration of the contract terms, the provisions written on the bank guarantees themselves and what was said between the parties in the lead up to the contract execution.
  • Advising a listed construction company in relation to misrepresentations made to it by a mining company during pre-contractual negotiations. The client's position was that it would never have entered into the contract on the terms that it did had it known about certain key aspects of the construction timetable.
  • Acting for a developer in relation to quantum meruit claims made by its building contractor.
  • Representing an Australian bank in relation to a dispute arising from a member's total permanent disability entitlements.
  • Advising and acting for a NSW state authority defending the basis on which it issued and managed tenders for the purchase of land and seeking the urgent removal of caveats lodged by a tenderer.
  • Advising a technology services company in relation to claims for economic loss arising from a plane crash.
  • Acting for a global bank to obtain an urgent injunction preventing the publication of defamatory material.