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John Mengolian

About John

John Mengolian practises in commercial litigation with a particular focus on property development and property-related litigation, and building and construction disputes.

Recommended: Litigation in Australia

Best Lawyers® International 2014, 2015 and 2016

John has acted for a variety of clients, including commercial and residential property developers, builders, land owners and purchasers.

John graduated in arts and law in 2001 and was admitted to practice in Victoria in 2002. John was previously a Deputy Member of the Board of Examiners and is a sitting member of the Victorian Legal Admissions Committee.

John is recognised by Best Lawyers® International  in the area of Litigation. John is also ranked by Doyle’s Guide  as ‘recommended’ in the category of Leading Commercial Litigation Lawyers – Melbourne, 2015 and Expert Guides  2016 in the area of Litigation, Asia Pacific.

Recommended: Leading Commercial Litigation Lawyers – Melbourne, 2015

Doyle's Guide

Practice focus

John’s practice focuses on the following areas:
  • property and property development disputes, lease disputes, joint venture disputes and building and construction disputes;
  • tortious disputes, and misleading and deceptive conduct claims; and
  • commercial litigation in a wide range of matters in the Supreme, County, Federal and appellate Courts, as well as alternative dispute resolution, including negotiation, mediation, arbitration and conciliation.

Experience

John has acted for major Australian developers, landowners, builders, statutory authorities, receivers and publicly listed companies in a range of disputes, including:

  • Mirvac Group and other property developers: in a number of proceedings involving alleged misrepresentations in relation to ‘off the plan’ apartment sales;
  • Medallist Projects: in relation to a dispute involving a subdivision and development at the Settlers Run Project located in Cranbourne;
  • Alutec International: in relation to claims made by Alutec in connection with the construction of aluminium smelters in Iceland and Bahrain;
  • a number of adjudications under the Building and Construction Industry Security of Payment Act 2002, including large scale adjudications in respect of the Point Cook Town Centre project, the Scots Church development project and Whitten Oval redevelopment;
  • Contract Control Services: in relation to the Essendon Football Club Training and Community Facility redevelopment;
  • Bensons Funds Management: in relation to a case involving wrongful rescission of a contract of sale for the purchase of real estate, in which Bensons was wholly successful and obtained an order for its indemnity costs;
  • Telstra Corporation: in relation to a commercial lease dispute in the Commercial Court in respect of its 447 Collins Street tenancy from ISPT;
  • VicTrack: in relation to a Supreme Court dispute concerning works performed by Rail Signalling Services;
  • APN Funds Management: in relation to a joint venture dispute concerning ‘The Capitol’ development in South Yarra;
  • APN Funds Management: in relation to disputes concerning the Scots Church development at 150 Collins Street, Melbourne;
  • Intrapac: in relation to an adverse possession claim in the Commercial Court concerning approximately 1,480 square meters of land in the middle of a proposed residential subdivision in Keysborough;
  • L. Bisinella Developments: in relation to a Supreme Court proceeding for judicial review of a decision of the Minister for Planning and Environment to refuse the approval of Amendment C73 to the Geelong Planning Scheme, which proposed the residential rezoning of land in Caddys Road, Lara;
  • receivers in relation to the collapse of the Westpoint Group;
  • receivers in relation to the collapse of the Allco Finance Group;
  • joint venture parties in arbitrations and court proceedings in respect of development disputes;
  • principals and builders in respect of a number of proceedings involving defective building works;
  • receivers and principals in relation to developments involving insolvent builders;
  • high-net-worth individuals in relation to major domestic building disputes at the Victorian Civil and Administrative Tribunal;
  • civil subcontractors in relation to disputes concerning road and infrastructure projects; and
  • landlords and tenants in retail lease and commercial lease disputes.