Steven Fleming has resolved commercial disputes for clients for more than 25 years, particularly in the construction, energy, and resources sectors. He has extensive experience in contractual, regulatory, and cross-border disputes.
Steven has represented clients in all aspects of the dispute cycle, including proceedings before the superior courts of Australia and England, as well as domestic and international arbitrations (ICC, LCIA, and SIAC). His major cases include an ICC arbitration concerning EPC contracts for an oil pipeline in Africa, a contractual dispute concerning the design and construction of a walking beam furnace, and acting in a dispute regarding the construction of a water desalination plant. Several of Steven's cases have been cited for contractual interpretation and global claims (Mainteck v. Stein Heurtey [2014] NSWCA 184) and for misleading or deceptive conduct in joint ventures ([2006] FCAFC, 44). He is currently working on disputes involving construction projects in Australia, primarily EPC contracts in the LNG industry, and has conducted successful high-value adjudications under security of payment legislation for contractors and owners.
Steven has counseled corporations and their boards on regulatory/compliance matters, including undertaking investigations and pre-acquisition due diligence, which includes investigating and reporting to boards on foreign corrupt practices and dealing with regulatory bodies in Australia and overseas on behalf of clients (AFP, ASIC, ATO, DOJ, SEC, World Bank, and Asian Development Bank).
Steven also advises clients on potential corrupt practices across Asia and the Middle East and on economic sanctions and anti-money laundering issues.
Steven has spoken at conferences on anti-bribery and corruption and has participated in OECD working group sessions on foreign bribery and corruption.
Experience
Additional Publications
- July 2019
The Age of the Corporate Informant: Australia Expands Private-Sector Whistleblower Protections
Additional Speaking Engagements
- December 2018
Anti-Bribery/Anti-Corruption & FCPA training, Vertex Pharmaceuticals - March 2018
Ethics Compliance and Anti-corruption training, AESOP Group - August 2015
Whistleblowing, presenter, C5 Conference - December 2014
OECD Anti-Bribery Convention Phase 3 Workshop - March 2014
2nd Annual forum on Anti-Corruption Australia on demystifying the intersection of the Australian Criminal Code, the US Foreign Corrupt Practices Act and UK Bribery Act; and paper on the anatomy of a corruption investigation - November 2013
Anatomy of a Corruption Investigation, C5 - Extractive Industries Bribery and Corruption Bootcamp - March 2013
The Face of Corruption in Australia, C5 - Bribery and Corruption Conference - January 30, 2013
Energy & Resources in the firing line in foreign bribery crackdown
- University of Otago, New Zealand (LL.B. and B.A. 1994)
- High Court of Australia and New South Wales
Best Lawyers in Australia: Litigation and Alternative Dispute Resolution (2016-2025)
Chambers Asia-Pacific: Australia: Anti-Bribery & Corruption — recognized practitioner (2019-2023)
"Local Disputes Star," Benchmark Asia-Pacific (2013)
The Legal 500 Asia Pacific, Australia: Infrastructure, Projects and Construction — recommended (2023)
Who's Who Legal: Business Crime, Investigations & Asset Recovery