Jaclyn Fenby

Jaclyn Fenby

Special Counsel

Jaclyn is a commercial and corporate lawyer, specialising in litigation and providing advice to the building and construction industry.

Dispute resolution

Based in Port Macquarie, Jaclyn has a breadth of experience in general commercial disputes and construction disputes, including commercial and residential building matters. She has acted in commercial and construction proceedings in State Courts and the NSW Civil and Administrative Tribunal. Jaclyn has provided building and construction clients with advice on security of payment legislation, preparation of payment claims and payment schedules, and drafting adjudication submissions. Her experience includes:

  • Advising and acting in building and construction litigation, including major commercial construction disputes and residential building disputes, including acting for a water authority in a major commercial dispute against the contractor in relation to construction of a water treatment plant in the Supreme Court and Court of Appeal; acting in a substantial commercial dispute in the Supreme Court against a subcontractor; acting for builders and for home owners in residential building disputes in the various Courts and the NCAT;
  • Advising and acting in a variety of commercial disputes, such as leasing disputes, shareholder disputes, and misleading and deceptive conduct claims arising from sale of business transactions, including for example, acting for a lessee making an urgent application to the Supreme Court for relief concerning an option to renew under a lease;
  • Interpreting and applying the Building and Construction Industry Security of Payment Act and preparing payment claims, payment schedules, adjudication applications and adjudication responses under this legislation;
  • Providing advice to insolvency practitioners, including dispute resolution matters and Personal Property Securities advice.

Commercial + corporate advisory & employment law

Jaclyn has considerable experience providing pragmatic advice to clients on commercial and corporate matters, negotiating and drafting contracts and acting in commercial transactions for a variety of clients, from small business through to large corporates and Councils. Jaclyn also provides advice on corporate law compliance, trade practices compliance, and has expertise in advising and representing both employers and employees in employment law matters. This experience includes:

  • Advising on construction contract risks and construction contract drafting, including providing advice to builders prior to entering into contracts on risk and providing clients with a schedule of pragmatic amendments for negotiating purposes; drafting subcontract documents to work ‘back to back’ with head contract documents; providing advice on contract compliance and interpretation and drafting contract notices;
  • Providing pragmatic advice regarding commercial transactions, including small and large share sale transactions, and advice and contract drafting for public private projects, as well as contract due diligence in business acquisitions;
  • Drafting and negotiating a variety of commercial agreements and bespoke contracts, including supply contracts, consultancy agreements, shareholder agreements, share sale agreements, joint venture agreements, confidentiality deeds;
  • Advising and representing both employers and employees in employment law matters, including unfair dismissal and general protections claims, and drafting employment contracts;
  • Providing corporate law advice and preparation of documents for compliance with the Corporations Act, including constitutions, corporate documents, forms, resolutions and notices, including compliance in the financial services sector;
  • Providing business structuring advice.

Prior to commencing legal practice, Jaclyn held senior positions with Queensland Treasury in its Office of Government Owned Corporations and the Queensland Department of State Development providing commercial advice to Government on major infrastructure projects. Jaclyn has worked in the coal division of Queensland Rail drafting and negotiating rail transport proposals and contracts. She has also held a compliance role for a managed investment scheme.

Jaclyn enjoys cooking and playing piano and clarinet.

Contact Us


    Office Locations