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Matthew Endo
Associate
Matthew Endo advises on resources, energy and infrastructure construction projects, from initial bid to contract execution, through construction to practical completion. He also advises on disputes arising from construction projects, having had experience assisting on dispute resolution processes, including adjudication, litigation and international arbitration in relation to major energy projects.
Originally from the US, Matthew lived and worked in Japan for a number of years before moving to Australia during his time working for a Japanese-headquartered joint venture delivering the critical onshore facilities for a multibillion-dollar Australian liquified natural gas (LNG) project. Prior to this, Matthew held several contract management roles where he negotiated and managed strategic and long-term goods and services procurement contracts.
Matthew holds National Mediator Accreditation System certification.
Matthew has also assisted clients on corporate governance matters and in undertaking due diligence on mergers and acquisitions (both domestic and cross-border).
- Acting for a construction contractor in reviewing and advising on various commercial agreements and contractual arrangements, including deeds of novation, assignment of contracts, consultancy agreements, nondisclosure agreements, memorandums of understanding, major works contracts, minor works contracts and deeds of settlement and release.
- Advising a construction contractor on the application of new unfair contract term provisions of the Australian Consumer Law and reviewing standard-form contracts for compliance.
- Acting for a construction contractor in reviewing and providing risk analysis and mitigation advice on contracts for rail and road infrastructure, mining and local, state and commonwealth government construction projects.
- Reviewing goods and services procurement agreements, and secondment agreements relating to energy and resources projects.
- Preparing advice on the implementation of new building and construction industry payment laws in Western Australia.
- Advising on contractual rights and obligations, and potential grounds for the defence of claims, under engineering, procurement and construction (EPC) contracts.
- Managing the contractual and claims administration process for the EPC head contract governing the construction of the onshore facilities for a major Australian LNG project.
- Assisting with the management of disputes arising from the construction of a major LNG project, including:
- Developing and substantiating claims and counterclaims
- Coordinating proofs of evidence, witness statements and evidence databases
- Witness selection
- Assisting with case management for matters under adjudication, litigation and international arbitration
- High level investigation of matters in e-discovery platforms
- Acting for ITOCHU Corporation in undertaking due diligence in relation to its various investments into Australia’s resources sector.
- Assisting with advising on Australia’s foreign investment approvals regime in relation to the share sales agreement and acquisition of agricultural land by a Japanese woodchip and paper products manufacturer.
- Acting for and advising WA TAB on the proposed restructure of its wagering operations.
- Advising various clients on corporate governance matters, including directors’ duties and the process for the voluntary deregistration of a company under the Corporations Act 2001 (Cth), as well as drafting board resolutions, shareholder agreements and company constitutions.
Education
- Leo Cussen Centre for Law, Graduate Diploma of Legal Practice, 2022
- University of Southern Queensland, Juris Doctor, 2022
- Temple University, Master of Arts, Economics, 1996
- University of California, Los Angeles, Bachelor of Arts, Economics and Asian American Studies, 1991
Admissions
- High Court of Australia, 2023
- Supreme Court of Western Australia, 2023
Memberships & Affiliations
- Member, Asian Australian Lawyers Association
- Member, Society of Construction Law Australia (SoCLA)
- Guest speaker, “Protégé: Know Your Values Before Choosing Career Direction,” Lawyers Weekly podcast, 3 April 2023.