Beth Cubitt
Partner
Level 10 Central Park
152 St Georges Terrace
Perth WA 6000 Australia
T 61 8 9269 7114
F 08 9269 7999
beth.cubitt@au.kwm.com
Beth Cubitt specialises in construction law, both front-end and back-end, which sees her work with some of
Australia’s largest construction, infrastructure and resources clients. Beth relocated her practice from
Melbourne to Perth in January 2012. Beth's extensive experience in construction law strengthens King &
Wood Mallesons’ capabilities within Western Australia's burgeoning energy and infrastructure sectors.
Beth has advised clients on many major and sensitive construction disputes, international commercial
arbitration and cross-border disputes throughout Australia and Asia. Beth provides advice on managing
claims for various substantial construction, energy, resources and mining disputes in Australia and the AsiaPacific region.
Her particular areas of expertise also include advising on cross-border transactions, organising project
structures, developing procurement systems, drafting contract documents and advising clients on dispute
resolution.
Beth has developed her practice with King & Wood Mallesons over the past 12 years, initially within the
Brisbane office, in Melbourne and, most recently, in Perth. Prior to joining the firm, Beth practiced in South
Africa where she acted for a variety of commercial clients in respect of dispute resolution and negotiating and
drafting contracts.
Beth has acted as national convenor of King & Wood Mallesons’ International Arbitration team and is
regularly called upon to present at legal and sector-focussed conferences and seminars. Beth is also a
graded arbitrator and a Fellow of the Chartered Institute of Arbitrators (London).
Representative matters:

BOOT owners in international arbitrations seated in Singapore and the related court proceeding arising
out of a hydro power project in the Philippines.

Mine owners on procurement disputes, including conducting international arbitrations under ACICA,
HKIAC and LCIA Rules.

Project contractors on contract management and disputes arising from significant LNG Project in the
Northwest Shelf of WA.

Mining operators on disputes pertaining to mining operational issues and conducting domestic
arbitrations.

Contractor and operator on managing specific disputes arising from the build phase, project
arrangements, negotiating and managing risk allocation for a bespoke public infrastructure agreement
for a public transport ticketing system and managing specific disputes arising from the build phase.

Power station owners on ongoing disputes arising from a major infrastructure project in Victoria and New
South Wales.

The concessionaire on settling complex issues arising from completion a major toll road project in
Victoria in arbitration proceedings.

Contractors and operators on disputes arising from construction gas pipelines in New South Wales and
Western Australia.

National infrastructure operators and maintenance companies on claims and disputes arising from road
and rail infrastructure in Victoria.
Qualifications

2012: Partner, King & Wood Mallesons

2011: Partner, Mallesons Stephen Jaques

August 2009: Grade 3 Arbitrator, Institute of Arbitrators and Mediators Australia

2007: Diploma in International Commercial Arbitration, Chartered Institute of Arbitrators (London)
with University of New South Wales

2005: Masters in Commercial Law at Melbourne University

2005 - 2010: Senior Associate, Mallesons Stephen Jaques, Melbourne

October 2004: International Bar Association and Melbourne University - Scholarship for International
Construction Law

2001 - 2004: Solicitor, Mallesons Stephen Jaques

2000: Bachelor of Laws (Honours), University of Queensland

1999: Graduate Certificate of Business Management, University of Southern Queensland

1999: Notary Public, South Africa

1998 - 1999: Solicitor, Millers Attorneys, South Africa

1995 - 1998: Articled Clerk, Millers Attorneys, South Africa

1997: Bachelor of Laws, University of South Africa, South Africa

1992: Bachelor of Arts, Stellenbosch University, South Africa
Publications

PLC Which Lawyer? Chapter on Arbitration in Australia. June 2012

Australian Chapter in the European Lawyer Reference Series ‘Arbitration World 4 th edition’ edited by
Karyl Nairn of Skadden Arps. June 2012

Global Arbitration Review. Chapter on Arbitration in Australia October 2011

Confidentiality in Arbitration: Can you keep a secret?: published in the August 2011 edition of the
Vindabona Journal.

“Federal Court Upholds Ugandan Arbitral Award” The Arbitrator and Mediator (2011) Vol 30, No 1.

“Emerging Trends in Judicial Approach to International Arbitration in Australia: The winds of change”
co-authored with Peter Megens, Chartered Institute of Arbitrators, 77 Arbitration, Issue 1, February
2011.

“Parties to the Arbitration Agreement: Third Parties, Joinder and Consolidation” Beth Cubitt, The
Arbitrator and Mediator (2010) Vol 29, No 1.

“The Continuing Role of the State Supreme Courts in Domestic and International Arbitration in
Australia - An overview of three recent arbitration decisions in Australia” co-authored with Peter
Megens, ADRJ, May 2010.

“Arbitrators’ Perspective: The Evolving Face of International Arbitration - The Past, The Present and
the Future” co-authored with Beth Cubitt, International Arbitration Law Review, February 2010.

“Meeting Disputants' Needs in the Current Climate: What Has Gone Wrong With Arbitration and How
Can We Repair it?” The Arbitrator and Mediator (2009) Vol 28, No 1; co-authored with Peter
Megens.

“Contract or Conflict? An overview of the proportionate liability regime and its difficulties” coauthored with Peter Megens, Commercial Law Quarterly June-August 2009

“Confused law a real liability” by Peter Megens and Beth Cubitt, Australian Financial Review, 7
August 2009.

"Australian Case note: Comandate Marine Corp v Pan Australia Shipping Pty Ltd" Asian
International Arbitration Journal (Volume 5, Number 1) co-authored with Beth Cubitt.

“A Bit of Protection” [2009] Law Institute Journal, Issue 83.1/2. January / February 2009, coauthored with James Clark.

“Falgat Constructions Pty Limited v Equity Australia Corporation Pty Limited [2006] NSWCA 259”
BDPS Newsletter, Issue 26, March 2007.

"Good Faith in Commercial Contracts - Meridien Retail Pty Ltd v Australian Unity Retail Network Pty
Ltd [2006] VSC 223" (2006) 111 ACLN 58".

"Security of Payment: Payment Changes for Building Contractors", (2006) 108 ACLN 46.
Professional memberships

Council Member of the Chartered Institute of Arbitrators, Australian Branch

Journal Sub-Committee Member and Victorian Committee Member of the Institute of Arbitrators and
Mediators

Member of the Society of Construction Law

Member of the Australasian Forum for International Arbitration

Graded Arbitrator, Institute of Arbitrators and Mediators Australia

Fellow of the Chartered Institute of Arbitrators (London)

Fellow of the Australian Centre for International Commercial Arbitration