Martin Luitingh Barrister

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Leval 44 MLC Center
16 Martin Place
Sydney NSW 2000

Australian Qualified Arbitrator
IAMA Accredited Australian National Mediator

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Mission Statement

Mission Statement

Litigation in Australia is uncompromising and expensive by international standards. Barristers have a duty to pursue early intervention and innovative strategies to resolve disputes and to assist solicitors to conduct litigation in a cost effective and efficient manner.


Completed a 10 Million Dollar Trust and Family Provisions claim. Completed a Strata Unit dispute in relation to multimillion dollar  possession claim on parking spaces. Completed a case with Australian Immigration for the permission for two African minors that lived in a war Zone in Africa to gain permanent residence in Australia. Completed several building and construction disputes. Participated in a Television interview on Advocates Immunity. Negotiated Long Term Contracts for Turkey Growers. Drafted a Prospectus  for Chinese Investment into the cattle industry. Drafted a Waste to Energy proposal for the Mexican Government at Bordo Poniente landfill in Mexico City . Acted for Farmers in relation to an embryo and breeding dispute. Acted against a government facility on breach of Long term servicing contract. Acted against barrister and solicitor for negligence and strike out application. Conducted a succesfull injunction on a Security Of Payments Adjudication. Drfated several responses to Adjudication Applications. Acted in several waterproofing disputes. Acted for Solicitor sagainst Barrister for undue charges. Acting for supermarket chain in liquidation dispute. Acted for a drilling company in drilling dispute. Advised on National Broadband long term contracts and contractual disputes.clients and Turkey suppliers.

Completed with Honours the CIArb  ( Arbitration Certificate ) at the University of Adelaide and conducted as counsel 5 arbitrations and mediations . Two mediations were in the US one in New Orleans and the other was in Houston. Mr Luitingh also conducted on behalf of clients commercial negotiations in relation to a hundred million dollar oil and gas claim and the long term contracts for the Farmers Federation clients and Turkey suppliers.

2004 – 2014
Mr Luitingh joined Edmund Barton Chambers in Sydney and has continued to develop a practice across a number of jurisdictions ranging from applications for leave in the High Court of Australia to appeals in the New South Wales Court of Appeal including practice in the Commercial List, in the Construction and Technology List and the Equity Division of the New South Wales Supreme Court. Mr Luitingh has also conducted matters in the CTTT, the District Court and on occasions has appeared in the Local Court and the Land and Environment Court.

2013 Mr Luitingh was appointed as a an IAMA a nationally accredited mediator and delivered a paper to IAMA on 2 April 2014 entitled “Time, Cost and Capacity – Elements of Judicial Decision Making, the Advantages of ADR”. See paper under Articles.

2000 2003 Mr Luitingh was appointed Special Counsel for Infrastructure at PriceWaterhouse Coopers Legal in the Infrastructure Department, Major Litigation Division. Conducted matters for State Rail, developers, consulting agencies in the building sector, government housing agencies. At PwC Mr Luitingh worked with Terry Grace (currently Special Counsel at AJ Lucas Directional Drilling Constructors). Mr Luitingh and Terry Grace have co-authored articles and co-delivered seminars in the infrastructure industry.

1997 – 2000 Mr Luitingh immigrated with his family to Australia where he has been predominantly concerned with Infrastructure Law which embraces Building and Construction, Transport, Insurance law and Commercial law. Mr Luitingh was first retained by Walter Bau a German construction conglomerate in the takeover by that entity of Concrete Constructions to conduct the dispute against the auditors PriceWaterhouse Coopers which was finalized in December 2002. Thereafter Mr Luitingh was invited to join PwC Legal where he was appointed Special Counsel for Infrastructure.

1979 – 1997 Called to the Bar in 1979 in Johannesburg, South Africa, Mr Luitingh developed an insurance practice and building and construction practice. Mr Luitingh was also briefed by several human rights law firms to engage in a strategy to bring human rights to the forefront in South Africa. The human rights practice concluded with three major trials which took four years to complete being ; State vs Sibisi instructed on behalf the Railworkers Union and Cosatu, The Queenstown Six ( a “necklacing” trial ) instructed on behalf of SALDF and The Harms commission of Inquiry into Death Squads in South Africa, instructed on behalf of SALDF, It was during this time that Mr Luitingh was recognized for human rights work and was appointed the Key Note Speaker at the University of Southern California’s USC Africa Semester. From 1994 – 1997 the practice was moved to Cape Town Mr Luitingh called to the Cape Bar, although at that stage the move to Australia was already being contemplated.

1970-1978 Mr Luitingh read for the Degree BA.LLB (Law and Political Science) at the University of Stellenbosch, situate in the Western Cape about 40 kilometres from Cape Town. The degree in Political Science was a major factor in developing a human rights practice in later years. In 1976 Articles of Clerkship were entered into and completed in 1977 and in 1978 Mr Luitingh was called to the Side-Bar and was appointed In-house Counsel for the Chamber of Mines, South Africa, where he first worked for the mining industry and later came to represent the mine workers union and the railway workers union to negotiate better living conditions for migrant workers in Southern Africa. Mr Luitingh was also pointed Counsel to represent the workers in several trials where clashes between the Southern African police force and the workers resulted in death and injury.

1951-1969 Born in Zimbabwe (Salisbury Rhodesia) Mr Luitingh attended school at Grey College in Bloemfontein, Orange Free State, South Africa. Founded in 1855, Grey is a school with a rich history and has its finger on the pulse of South African society. Mr Luitingh was awarded a state literary bursary for bilingualism and was a state representative in rugby union, water polo and swimming.

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Royal Commission into Trade Union Governance and Corruption

Strata Management 

Barristers Immunity

Owners / Builders
Liability for Defects

Chief Justice Bathurst has announced the establishment of the Real Property List

 The Legal Profession Uniform Law Application Legislation Amendment Bill 2015.

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