About John
John Mengolian practises in commercial litigation and has a broad disputes practice, with a focus on property, construction and infrastructure disputes.
John has acted for a variety of clients, including the State of Victoria, public companies, 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 has been recognised by legal sector publications Chambers Asia Pacific, Best Lawyers® International and Expert Guides in the area of litigation. He is also recommended by Doyle’s Guide in the category of commercial litigation & dispute resolution.
“John achieved an amazing outcome for us that previous legal advisers were simply unable to deliver.”
Practice focus
John’s practice focuses on the following areas:
- property and property development disputes, lease disputes, joint venture disputes and construction and infrastructure 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 mediation, arbitration and complex structured conciliation processes involving multiple parties.
Experience
John has acted for government, major Australian developers, landowners, builders, statutory authorities, insolvency practitioners and public companies in a range of disputes, including:
- The Major Transport Infrastructure Authority, on behalf of the Victorian Government, in relation to its disputes with the Cross Yarra Partnership (CYP) on the multi-billion dollar Metro Tunnel project
- The Major Transport Infrastructure Authority, on behalf of the Victorian Government, in relation to its disputes with CPB, John Holland and Transurban on the multi-billion dollar West Gate Tunnel Project
- Major Roads Projects Victoria, on behalf of the Victorian Government, in relation to its disputes with Netflow and Ventia on the Western Roads Upgrade Project
- Trawalla Group in relation to its re-development of the Parliament Square precinct in Hobart, including in disputes against Hansen Yunken in the Tasmanian Supreme Court and the Tasmanian Court of Appeal and against Citta Property Group in the Victorian Supreme Court
- Bensons Property Group in Bensons Property Group Pty Ltd v Key Infrastructure Australia Pty Ltd & Ors [2021] VSCA 69 in the Victorian Court of Appeal concerning the operation of the prevention principle, the duty of co-operation and duty of good faith in commercial contracts and in the successful defence of KIA’s special leave application to appeal the decision to the High Court of Australia.
- Grollo Group in the Victorian Supreme Court against Built in relation to disputes arising out of the Rialto regeneration project.
- Knowles Group in the Victorian Supreme Court in relation to owners corporation disputes and amendments to the Dendy Plaza Shopping Centre plan of subdivision to remedy historical discrepancies and issues at the Centre and its operation with commercial and residential lots
- Mirvac Group and other property developers in a number of proceedings involving alleged misrepresentations in relation to ‘off the plan’ apartment sales
- Alutec International in relation to claims made by Alutec in connection with the construction of aluminium smelters in Iceland and Bahrain
- VicTrack in relation to a Supreme Court dispute concerning works performed by Rail Signalling Services
- Intrapac in relation to an adverse possession claim in the Victorian Supreme Court concerning approximately 1,480 square meters of land in a proposed residential subdivision in Keysborough
- L. Bisinella Developments in a Victorian 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
- L. Bisinella Developments in relation to a misfeasance in public office claim in the Victorian Supreme Court against the City of Greater Geelong and its officers
- a number of adjudications under the Building and Construction Industry Security of Payment Act, including large scale adjudications in respect of the Point Cook Town Centre project, the Scots Church development project, the Whitten Oval redevelopment, Fridcorp’s Beyond development in Hurstville and judicial review applications of adjudication determinations
- 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.
Awards & recognition
John is recognised as a leading lawyer by various international guides to lawyers and law firms, and industry awards including:
- Best Lawyers® International: litigation, construction/infrastructure law
- Best Lawyers® Expert Guides: litigation
- Chambers Asia Pacific: litigation
- Legal 500 Asia Pacific: dispute resolution and construction, and
- Doyle's Guide: commercial litigation & dispute resolution.
