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Building & Construction Litigation

Over 60 years of combined expertise acting in domestic and commercial property and building matters & litigation.

Led by industry veteran Robert McGirr and award-winning litigator Danielle Snell, we act for owners, builders, developers, building professionals, consultants, owners corporations and industry bodies.

We are known for representation at the Domestic Building Dispute Resolution of Victoria, the Domestic Building and Property List of the Victorian Civil & Administrative Tribunal, the County Court of Victoria and the Supreme Court of Victoria in relation to building disputes and claims including attendance at compulsory conferences, hearings and trials. We also represent building practitioners in regulatory and disciplinary proceedings.

Through embracing the spirit of entrepreneurship and modern collaboration, we have adopted a model where our clients are at the centre of everything we do and become part of the journey, rather than removed from it.

We have a high success rate of settling cases prior to trial and navigating expectations of various stakeholders in litigation to strategise and negotiate smart commercial outcomes.

Elit is highly regarded for providing top-tier client outcomes without the big firm costs.

Expertise

Building Defect Claims including structural defects and claims against insurance companies and insurers of building professionals

Expert evidence and advice in relation to rectification of defects insurance claims

Disputes in relation to Caveats and Mortgages

Nuisance and Water Act claims

Security for Payment Act 2002 claims

Show cause notices, including responses

Building Contracts preparation, review and negotiation

Acting on behalf of property owners in relation to proposed compulsory acquisitions pursuant to the Land Acquisition and Compensation Act 1986 [Vic].

Advising numerous building practitioners involved in high value building projects in relation to their roles and obligations pursuant to building contracts and/or consultancy agreements and potential liability exposure.

Owners Corporation issues and disputes

Advice on termination of Building Contracts

Consultancy, Civil works, Infrastructure, Management/Superintendent and Development Agreements

Adverse Possession and Boundary Disputes

Expertise

Building Defect Claims including structural defects and claims against insurance companies and insurers of building professionals

Expert evidence and advice in relation to rectification of defects insurance claims

Disputes in relation to Caveats and Mortgages

Nuisance and Water Act claims

Security for Payment Act 2002 claims

Show cause notices, including responses

Building Contracts preparation, review and negotiation

Acting on behalf of property owners in relation to proposed compulsory acquisitions pursuant to the Land Acquisition and Compensation Act 1986 [Vic].

Advising numerous building practitioners involved in high value building projects in relation to their roles and obligations pursuant to building contracts and/or consultancy agreements and potential liability exposure.

Owners Corporation issues and disputes

Advice on termination of Building Contracts

Consultancy, Civil works, Infrastructure, Management/Superintendent and Development Agreements

Adverse Possession and Boundary Disputes

Since the firm launched, Elit Lawyers by McGirr & Snell have won multiple awards, including:

Litigation Team of the Year 2025 - Finalist

Insurance Team of the Year 2025 - Finalist

Litigator of the Year 2025 - Finalist

Danielle Snell. Managing Partner of the Year.

Managing Partner of the Year - Winner

Law Firm Leader of the Year <100 employees - Winner

Boutique Firm of the Year - Winner

Expertise in property & building litigation

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  • Bullying and discrimination
  • Harassment claims
  • Unfair dismissal
  • General protection claims
  • Bullying and discrimination
  • Harassment claims
  • Unfair dismissal
  • General protection claims

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  • Bullying and discrimination
  • Harassment claims
  • Unfair dismissal
  • General protection claims
  • Bullying and discrimination
  • Harassment claims
  • Unfair dismissal
  • General protection claims

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Major Matters

Successful appeal to Building Appeals Board

Successfully acted for a family in relation to an appeal lodged by them to the Building Appeals Board concerning a lift they sought to have installed in their property to accommodate mother’s health condition which was objected to by the Council, but overturned after hearing on appeal to the Building Appeals Board.

Claim against building surveyor

Acting for a home owner in a claim brought against a private building surveyor concerning alleged negligent advice in relation to a luxury home renovation valued in excess of $12million.

Remediation costs dispute

Appeared on behalf of property developers in the Commercial Court of the Supreme Court of Victoria concerning a dispute about remediation costs under a contract of sale for a heritage listed former gasworks site in North Melbourne.

Large scale nuisance claim

Defended a large scale nuisance claim issued against a Victorian Council concerning the alleged deposit of water and migration of gas onto a former municipal rubbish tip.

Lanciana v Alderuccio [2019] VSC 198

Acted in Supreme Court proceedings in a case which ultimately found that the defendants as solicitors acting as agents in lodging caveats were not ’a person’ lodging a caveat with the Registrar for the purposes of s118 the Transfer of Land Act 1958.

Barcrem Pty Ltd v Nisiotis [2019] VCC 1006

Successfully applied to the County Court of Victoria on behalf of property developers for a stay of proceedings on the basis that the proceeding was a “domestic building dispute” as defined in s54 of the Domestic Building Contracts Act 1995 [Vic]. Judgement was appealed to the Supreme Court of Appeal and ultimately settled before hearing.

Major Matters

Successful appeal to Building Appeals Board

Successfully acted for a family in relation to an appeal lodged by them to the Building Appeals Board concerning a lift they sought to have installed in their property to accommodate mother’s health condition which was objected to by the Council, but overturned after hearing on appeal to the Building Appeals Board.

Large scale nuisance claim

Defended a large scale nuisance claim issued against a Victorian Council concerning the alleged deposit of water and migration of gas onto a former municipal rubbish tip.

Lanciana v Alderuccio [2019] VSC 198

Acted in Supreme Court proceedings in a case which ultimately found that the defendants as solicitors acting as agents in lodging caveats were not ’a person’ lodging a caveat with the Registrar for the purposes of s118 the Transfer of Land Act 1958.

Major building dispute

Acted in a major building dispute by the client against a commercial building company, a division of BlueScope Steel Australia in respect to the construction on behalf of a client of a rail freight terminal in South Australia. The matter involved Supreme Court action and subsequent appeal to the Court of Appeal. Lysaght Building Solutions Pty Ltd (T/A Highline Commercial Construction) v Balanko Pty Ltd [2013] VSCA 158 and thereafter the conduct of an arbitration under the Commercial Arbitration Act 2011.

Commonwealth Bank of Australia v Hassan James Khouri & Nadia Khouri [1998] VSC 128

Acted on behalf of Nadia Khouri (nee Horkings) to obtain a grant of Legal Aid to successfully defend a claim against the Commonwealth Bank for judgement and possession of her home. Commonwealth Bank of Australia v Hassan James Khouri & Nadia Khouri [1998] VSC 128.

Claim against building surveyor

Acting for a home owner in a claim brought against a private building surveyor concerning alleged negligent advice in relation to a luxury home renovation valued in excess of $12million.

Barcrem Pty Ltd v Nisiotis [2019] VCC 1006

Successfully applied to the County Court of Victoria on behalf of property developers for a stay of proceedings on the basis that the proceeding was a “domestic building dispute” as defined in s54 of the Domestic Building Contracts Act 1995 [Vic]. Judgement was appealed to the Supreme Court of Appeal and ultimately settled before hearing.

Victorian Council Supreme Court proceeding

Defended a Victorian Council in Supreme Court of Victoria proceedings in which damages of over $15 million were sought by a property developer who alleged that a planning permit had been granted negligently by the council due to the land’s proximity to a former council rubbish tip.

Physical damage claim for $15m

Acted on behalf of a Victorian rural water authority in relation to multiple claims arising from flooding in northern Victoria in early 2011, the largest of which involved a claim for physical damage and loss of profits brought an agricultural business seeking damages of more than $15 million.

Major building dispute against architects

Involvement in a major building dispute which alleged negligence against architects, builders and engineers arising out of a multi-million dollar property in Prahran, Victoria. Roscon Development Pty Ltd v Buckerfield Architects Pty Ltd & Ors.

Remediation costs dispute

Appeared on behalf of property developers in the Commercial Court of the Supreme Court of Victoria concerning a dispute about remediation costs under a contract of sale for a heritage listed former gasworks site in North Melbourne.

Supreme Court multi-party proceeding

Representing a firm of lawyers alleged to have negligently recommended to a property developer client that it repudiate a contract of sale resulting in alleged losses in excess of $8 million. This was a multi-party proceeding in the Supreme Court of Victoria. ACN 115 918 959 P/L (formerly Pearl Hill P/L) v Hoeys Lawyers P/L & Digby & Ors [2021] VSC 79.

Acting for Victorian Councils

Undertook public liability and professional indemnity work on behalf of Victorian Council pursuant to the Civic Mutual Plus Members Insurance Scheme for a combined period of 20 years.

Perpetual Trustees Australia Limited v Schmidt & Anor [2009] VSC 508

Acted pro bono on behalf of a retiree who was duped into investing in a property syndicate by a conman who was eventually imprisoned for his conduct. The civil proceedings ran to trial in the Supreme Court of Victoria and the Court found that an interest in a unit trust is capable of supporting a caveat and the lender was liable for the conduct of the mortgage originator and their brokers: Schmidt v 28 Myola Street Pty Ltd [2006] VSC 343; Perpetual Trustees Australia Limited v Schmidt & Anor [2009] VSC 508; [2010] VSC 67; [No 3] [2010] VSC 261. Violet Home Loans Pty Ltd v Schmidt & Anor [2013] VSCA 56.

Urgent interlocutory application in the County Court

Acting for home owners in respect of an urgent interlocutory application in the County Court of Victoria seeking orders preventing their home from being sold by the mortgagee in possession.

Major Matters

Successful appeal to Building Appeals Board

Successfully acted for a family in relation to an appeal lodged by them to the Building Appeals Board concerning a lift they sought to have installed in their property to accommodate mother’s health condition which was objected to by the Council, but overturned after hearing on appeal to the Building Appeals Board.

Claim against building surveyor

Acting for a home owner in a claim brought against a private building surveyor concerning alleged negligent advice in relation to a luxury home renovation valued in excess of $12million.

Remediation costs dispute

Appeared on behalf of property developers in the Commercial Court of the Supreme Court of Victoria concerning a dispute about remediation costs under a contract of sale for a heritage listed former gasworks site in North Melbourne.

Large scale nuisance claim

Defended a large scale nuisance claim issued against a Victorian Council concerning the alleged deposit of water and migration of gas onto a former municipal rubbish tip.

Barcrem Pty Ltd v Nisiotis [2019] VCC 1006

Successfully applied to the County Court of Victoria on behalf of property developers for a stay of proceedings on the basis that the proceeding was a “domestic building dispute” as defined in s54 of the Domestic Building Contracts Act 1995 [Vic]. Judgement was appealed to the Supreme Court of Appeal and ultimately settled before hearing.

Supreme Court multi-party proceeding

Representing a firm of lawyers alleged to have negligently recommended to a property developer client that it repudiate a contract of sale resulting in alleged losses in excess of $8 million. This was a multi-party proceeding in the Supreme Court of Victoria. ACN 115 918 959 P/L (formerly Pearl Hill P/L) v Hoeys Lawyers P/L & Digby & Ors [2021] VSC 79.

Lanciana v Alderuccio [2019] VSC 198

Acted in Supreme Court proceedings in a case which ultimately found that the defendants as solicitors acting as agents in lodging caveats were not ’a person’ lodging a caveat with the Registrar for the purposes of s118 the Transfer of Land Act 1958.

Victorian Council Supreme Court proceeding

Defended a Victorian Council in Supreme Court of Victoria proceedings in which damages of over $15 million were sought by a property developer who alleged that a planning permit had been granted negligently by the council due to the land’s proximity to a former council rubbish tip.

Acting for Victorian Councils

Undertook public liability and professional indemnity work on behalf of Victorian Council pursuant to the Civic Mutual Plus Members Insurance Scheme for a combined period of 20 years.

Major building dispute

Acted in a major building dispute by the client against a commercial building company, a division of BlueScope Steel Australia in respect to the construction on behalf of a client of a rail freight terminal in South Australia. The matter involved Supreme Court action and subsequent appeal to the Court of Appeal. Lysaght Building Solutions Pty Ltd (T/A Highline Commercial Construction) v Balanko Pty Ltd [2013] VSCA 158 and thereafter the conduct of an arbitration under the Commercial Arbitration Act 2011.

Physical damage claim for $15m

Acted on behalf of a Victorian rural water authority in relation to multiple claims arising from flooding in northern Victoria in early 2011, the largest of which involved a claim for physical damage and loss of profits brought an agricultural business seeking damages of more than $15 million.

Perpetual Trustees Australia Limited v Schmidt & Anor [2009] VSC 508

Acted pro bono on behalf of a retiree who was duped into investing in a property syndicate by a conman who was eventually imprisoned for his conduct. The civil proceedings ran to trial in the Supreme Court of Victoria and the Court found that an interest in a unit trust is capable of supporting a caveat and the lender was liable for the conduct of the mortgage originator and their brokers: Schmidt v 28 Myola Street Pty Ltd [2006] VSC 343; Perpetual Trustees Australia Limited v Schmidt & Anor [2009] VSC 508; [2010] VSC 67; [No 3] [2010] VSC 261. Violet Home Loans Pty Ltd v Schmidt & Anor [2013] VSCA 56.

Commonwealth Bank of Australia v Hassan James Khouri & Nadia Khouri [1998] VSC 128

Acted on behalf of Nadia Khouri (nee Horkings) to obtain a grant of Legal Aid to successfully defend a claim against the Commonwealth Bank for judgement and possession of her home. Commonwealth Bank of Australia v Hassan James Khouri & Nadia Khouri [1998] VSC 128.

Major building dispute against architects

Involvement in a major building dispute which alleged negligence against architects, builders and engineers arising out of a multi-million dollar property in Prahran, Victoria. Roscon Development Pty Ltd v Buckerfield Architects Pty Ltd & Ors.

Urgent interlocutory application in the County Court

Acting for home owners in respect of an urgent interlocutory application in the County Court of Victoria seeking orders preventing their home from being sold by the mortgagee in possession.

Major Matters

Claim against building surveyor

Acting for a home owner in a claim brought against a private building surveyor concerning alleged negligent advice in relation to a luxury home renovation valued in excess of $12million.

Remediation costs dispute

Appeared on behalf of property developers in the Commercial Court of the Supreme Court of Victoria concerning a dispute about remediation costs under a contract of sale for a heritage listed former gasworks site in North Melbourne.

Large scale nuisance claim

Defended a large scale nuisance claim issued against a Victorian Council concerning the alleged deposit of water and migration of gas onto a former municipal rubbish tip.

Barcrem Pty Ltd v Nisiotis [2019] VCC 1006

Successfully applied to the County Court of Victoria on behalf of property developers for a stay of proceedings on the basis that the proceeding was a “domestic building dispute” as defined in s54 of the Domestic Building Contracts Act 1995 [Vic]. Judgement was appealed to the Supreme Court of Appeal and ultimately settled before hearing.

Supreme Court multi-party proceeding

Representing a firm of lawyers alleged to have negligently recommended to a property developer client that it repudiate a contract of sale resulting in alleged losses in excess of $8 million. This was a multi-party proceeding in the Supreme Court of Victoria. ACN 115 918 959 P/L (formerly Pearl Hill P/L) v Hoeys Lawyers P/L & Digby & Ors [2021] VSC 79.

Lanciana v Alderuccio [2019] VSC 198

Acted in Supreme Court proceedings in a case which ultimately found that the defendants as solicitors acting as agents in lodging caveats were not ’a person’ lodging a caveat with the Registrar for the purposes of s118 the Transfer of Land Act 1958.

Victorian Council Supreme Court proceeding

Defended a Victorian Council in Supreme Court of Victoria proceedings in which damages of over $15 million were sought by a property developer who alleged that a planning permit had been granted negligently by the council due to the land’s proximity to a former council rubbish tip.

Major building dispute

Acted in a major building dispute by the client against a commercial building company, a division of BlueScope Steel Australia in respect to the construction on behalf of a client of a rail freight terminal in South Australia. The matter involved Supreme Court action and subsequent appeal to the Court of Appeal. Lysaght Building Solutions Pty Ltd (T/A Highline Commercial Construction) v Balanko Pty Ltd [2013] VSCA 158 and thereafter the conduct of an arbitration under the Commercial Arbitration Act 2011.

Physical damage claim for $15m

Acted on behalf of a Victorian rural water authority in relation to multiple claims arising from flooding in northern Victoria in early 2011, the largest of which involved a claim for physical damage and loss of profits brought an agricultural business seeking damages of more than $15 million.

Perpetual Trustees Australia Limited v Schmidt & Anor [2009] VSC 508

Acted pro bono on behalf of a retiree who was duped into investing in a property syndicate by a conman who was eventually imprisoned for his conduct. The civil proceedings ran to trial in the Supreme Court of Victoria and the Court found that an interest in a unit trust is capable of supporting a caveat and the lender was liable for the conduct of the mortgage originator and their brokers: Schmidt v 28 Myola Street Pty Ltd [2006] VSC 343; Perpetual Trustees Australia Limited v Schmidt & Anor [2009] VSC 508; [2010] VSC 67; [No 3] [2010] VSC 261. Violet Home Loans Pty Ltd v Schmidt & Anor [2013] VSCA 56.

Commonwealth Bank of Australia v Hassan James Khouri & Nadia Khouri [1998] VSC 128

Acted on behalf of Nadia Khouri (nee Horkings) to obtain a grant of Legal Aid to successfully defend a claim against the Commonwealth Bank for judgement and possession of her home. Commonwealth Bank of Australia v Hassan James Khouri & Nadia Khouri [1998] VSC 128.

Major building dispute against architects

Involvement in a major building dispute which alleged negligence against architects, builders and engineers arising out of a multi-million dollar property in Prahran, Victoria. Roscon Development Pty Ltd v Buckerfield Architects Pty Ltd & Ors.

Urgent interlocutory application in the County Court

Acting for home owners in respect of an urgent interlocutory application in the County Court of Victoria seeking orders preventing their home from being sold by the mortgagee in possession.

Acting for Victorian Councils

Undertook public liability and professional indemnity work on behalf of Victorian Council pursuant to the Civic Mutual Plus Members Insurance Scheme for a combined period of 20 years.

Get in touch

With us personally, it is just one more way we’re different.

Danielle Snell

CO-FOUNDER AND MANAGING PARTNER

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Robert McGirr

CO-FOUNDER & PARTNER

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"

"Danielle guided us through the entire process with confidence and transparency, ensuring we always felt informed and supported."

Insurance Law

Plaintiff

Read the full testimonial

We had an outstanding experience working with Danielle. From the very beginning, she demonstrated exceptional professionalism, clear communication, and a genuine understanding of our situation. She guided us through the entire process with confidence and transparency, ensuring we always felt informed and supported.

What truly stood out was her ability to achieve a fast resolution while securing the exact outcome we were hoping for. Her expertise and strategic approach made a stressful situation significantly easier to manage.

Equally impressive was Danielle’s compassion and friendliness. She took the time to listen, showed real empathy, and made us feel like more than just another case. We always felt valued and reassured

"

"Danielle kept me well-informed and involved, ensuring I was aware of all my options throughout the legal process"

Insurance Law

Plaintiff

Read the full testimonial

Danielle Snell and the Elit Lawyers team acted for me on a high value insurance claim after insurers denied me all cover after my aircraft was damaged during the filming of a Hollywood movie. Given that insurers denied me all cover and offered to pay zero, with Danielle and team’s guidance, I issued proceedings in the Supreme Court of Victoria – Insurance List against the insurers involved. Danielle kept me well-informed and involved, ensuring I was aware of all my options throughout the legal process.

This was a stressful period for me, but I always felt confident and supported . I was happy to resolve the case prior to trial which involved a pay-out by the insurers. I felt confident to take on the insurers with the representation and support of Elit Lawyers and it proved to be the right move as I was ultimately paid out under my policy which was very different to the insurer’s original decision to pay me nothing.

"

"Within days, the podcast episode was removed and I was also given an apology, undertaking and some payment towards my legal costs"

Defamation – CEO

Plaintiff

Read the full testimonial

I highly recommend Danielle and her team to anyone needing to fight defamation matters, they achieve results! I was defamed on a podcast which was published on various forums. The Elit team prepared detailed Concerns Notices to the original publisher and also to the podcast operator and other forums the podcast was published on.  Within days, the podcast episode was removed and I was also given an apology, undertaking and some payment towards my legal costs. Thank you to the Elit team for helping me with this personal matter.

– CEO 

"

"On advice from Danielle and Mark, I sued the insurer in the Federal Court Insurance List and a settlement was reached within a couple of months!"

Insurance Law

Plaintiff

Read the full testimonial
One night, thieves broke into my home through the garage and stole my car whilst my wife and kids and myself were all in the house. They then abandoned and set the car on fire, resulting in a total loss. My insurance claim was denied because the car was parked in the driveway instead of the garage. On advice from Danielle and Mark, I sued the insurer in the Federal Court Insurance List and a settlement was reached within a couple of months!

"

"Aggie kept me well informed at every step and her supportive and approachable manner made a very stressful period in my life far easier to navigate."

Family Law – Property

Plaintiff

Read the full testimonial
I’m very thankful that my financial planner referred me to Aggie Vlahos. She guided me through negotiating, documenting and completing my family law property settlement with my ex. Aggie kept me well informed at every step and her supportive and approachable manner made a very stressful period in my life far easier to navigate. Would absolutely recommend.

 

"

"I was grateful for Aggie’s expert advice, patience, and support during my family law court case"

Family Law

Plaintiff

Read the full testimonial

Aggie acted for me in relation to my litigated family law matter – during an intense and difficult time in my life.  I was grateful for Aggie’s expert advice, patience, and support during my family law court case which we were able to resolve positively at mediation. I would strongly recommend Aggie and her team to anybody needing legal assistance with their family law matter.

 

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