I regularly advise in relation to disputes between shareholders, and in relation to breaches of, and disputes arising from, contracts for supplying goods and services, particularly IT services. My expertise extends to cross-border transactions, including matters involving the application of the United Nations Convention on Contracts for the International Sale of Goods to international supply contracts.

My experience encompasses a significant number of cross-border disputes, including international arbitrations, drawing upon several years' experience working with one of the top-five global firms in London.

I sit on the board of ACICA, the Australian Centre for International Commercial Arbitration. Additionally, I am the co-author of the Australian chapters of Practical Law Class/Collective Actions Global Guide, and the Australian contributor to a recent global guide on Recognition and Enforcement of Foreign Judgements.

Career highlights

• Qantas Group: Regularly act for the airline and its loyalty division, including representing Qantas litigation in the Federal Court and Western Australian Supreme Court against Perth Airport; in New South Wales proceedings with its flight caterer relating to the application of a force majeure clause; in Federal Court proceedings against Rolls-Royce over the headline Airbus A380 engine failure; defending Qantas in a class action brought by travel agents; and acting for Jetstar in Supreme Court proceedings related to ground-handling services at Singapore Changi Airport.
• Northern Territory government: Acting in class action proceedings against the government brought on behalf of inhabitants of remote housing.
• Citibank executive: Acted in defence of criminal cartel proceedings alleging cartel conduct in the context of a capital raising.
• Estia Health Limited: Defended Estia Health against a class action brought by shareholders alleging that Estia Health contravened its continuous disclosure obligations and engaged in misleading and deceptive conduct in relation to share price drops.
• Stanwell: Defending Stanwell Corporation in a class action brought on behalf of Queensland electricity consumers alleging misuse of market power in the context of electricity bidding and pricing.
• G8 Education: Defending a listed childcare provider in relation to a class action brought by shareholders alleging breaches of market disclosure obligations.
• Bellamy's Australia Limited: Acting for the infant formula and food product company in two class actions brought by shareholders regarding allegedly misleading market guidance.
• Kagara Limited: Acting for non-executive directors of Kagara Limited in a class action brought by shareholders relating to alleged non-compliance with market disclosure obligations and with Corporations Act obligations relating to the preparation of Kagara's financial statements.
• Billabong International Limited: Acted for the surf company in a class action brought by shareholders regarding allegedly misleading market guidance.
• UrbanGrowth NSW and the NSW Minister for Planning: Defended claims brought by the Meriton Group alleging breaches of contract and administrative law. This arose in the context of an expression-of-interest land sale process and subsequent NSW Civil and Administrative Tribunal proceedings, in which Meriton unsuccessfully sought confidential tender documentation
• AMP: Acted for AMP in proceedings in the Victorian Supreme Court against DST Bluedoor, alleging various performance failures and breaches of a supply and maintenance contract.
• Acted for a Korean manufacturer in a confidential product liability international arbitration relating to the allegedly negligent design and manufacture of industrial equipment.
• Conducted arbitration for manufacturers, energy sector joint venturers and insurance companies, pursuant to the ICC and UNCITRAL rules and procedures.

Awards and recognition

• Leading Individual, Dispute Resolution - Chambers Asia Pacific: 2012 – 2023

"Beverley is an outstanding lawyer, counsel and adviser with a great eye on outcomes and client service. The team is clearly inspired and supported by her and she pulls in resources and sets our expectations." "Beverley is an exceptional professional. She has a wonderful ability to understand the impact on me on a personal level and was there with support and guidance that helped me manage." "She's a very effective commercial litigation partner doing top end commercial work." - Chambers Asia Pacific 2023

Beverley Newbold is described as a "responsive, excellent communicator" who stands out for her "capacity to synthesise complex commercial matters" and as a lawyer who is "very adroit at offering wise counsel and carefully assisting the client to navigate through difficult choices." - Chambers Asia Pacific 2022

Beverley Newbold is described as an "exceptional practitioner" and "the brightest litigator in Australia" by one source, while another calls her "a commercially wide-ranging, outstanding lawyer" particularly noted for her "ability to adapt to situations and communicate succinctly." Her impressively broad practice includes expertise in the class action, regulatory investigation and international arbitration spheres – Chambers Asia-Pacific

Beverley Newbold acts principally on disputes related to corporate affairs, insurance and reinsurance. One 'really impressed' client observes: 'She knows our business very well, thinks strategically of every possible eventuality and we trust her implicitly' - Chambers Asia Pacific

• Leading Individual, Dispute Resolution - Chambers Global: 2012 – 2023
• Recommended, Class Action Litigation - Best Lawyers: 2021, 2022, 2023
• Recommended, Litigation - Best Lawyers: 2016 – 2023
• Recommended, Alternative Dispute Resolution - Best Lawyers: 2017 – 2023

Education
LLB (Hons), BA, LLM (INTERNATIONAL BUSINESS REGULATION, LITIGATION & ARBITRATION)

• High Court rules proportionate liability can apply in arbitration
  

  The High Court of Australia has determined that proportionate liability legislation can apply in arbitration, generating procedural uncertainty for claimants under existing arbitration agreements.

• Changes to continuous disclosure laws are now permanent
  

  Is this the end of speculative class actions?

   

• High Court judgment: Dangers of bifurcated arbitration proceedings
  

  The High Court has set aside an arbitral award because the tribunal exceeded its jurisdiction in bifurcated proceedings.

• NSW Supreme Court advances the case for market based causation
  

  Market-based causation theory posits that investors need not prove direct reliance on mising information to recover losses from inflated security prices. The HIH case exemplifies this, enabling shareholders to claim damages without demonstrating explicit reliance. This approach may impact future shareholder class actions, reshaping how causation is established in securities litigation.

• Victorian Supreme Court approves first GCO payment
  

  Explore the Court's reasoning in the G8 Class Action, and the introduction and development of Group Costs Orders.

• MinterEllison pushes for reform to Australia's class actions regime
  

  MinterEllison's response to the Australian Law Reform Commission Inquiry into Class Action Proceedings and Third-Party Litigation calls for reform to a regime that is enabling a steep rise in shareholder class actions.

• High Court endorses shareholders' ability to examine former directors
  

  In Walton v Arrium the wider interpretation of section 596A may provide class action plaintiff law firms and funders with a further 'tool in their toolbelt' in exploring the viability and substance of future claims.

• Larry Crowley v Worley Limited: do company directors and officers have anything to 'Worley' about?
  

  On 22 October 2020, a single judge of the Federal Court dismissed a shareholder class action against Worley Limited (Worley) in Crowley v Worley Limited [2020] FCA 1522 (Crowley v Worley). This is the first shareholder class action won by a respondent in Australia, and only the second shareholder class action to go to judgment after trial.

• Court provides guidance on continuous disclosure obligations
  

  Last month, Justice McEvoy delivered judgment in ASIC's case against iSignthis and its former director Mr Karantzis. We set out some useful takeaways from that judgment for directors and officers when considering whether information is "material" requiring disclosure under the Corporations Act and ASX Listing Rules.

• High Court says there is no 'one size fits all' solution to competing class actions
  

  In this article we explore the High Court's recent decision in Wigmans v AMP Limited, which resolves longstanding questions regarding competing class actions.

• High Court denies Spain's challenge to sovereign immunity
  

  Australia's High Court has recently considered whether a foreign State had waived its immunity from the Australian courts.

• Myer class action: finally guidance on guidance?
  

  The landmark Federal Court decision by Justice Beach in the Myer class action is the first final judgment in a shareholder class action in Australia.

  Our class action experts have unpacked what this decision means for companies seeking to comply with their market disclosure obligations.

• Practical Law Class & Collective Actions Global Guide
  

  MinterEllison class action specialists partner Beverley Newbold, special counsel Julia Avis and associate Rafael Aiolfi have unpacked the ever-changing Australian class action landscape, authoring a chapter Practical Law's Global Class & Collective Action Global Guide.

• Precision pays off in shareholder class actions
  

  The Federal Court has dismissed two shareholder class actions against the Commonwealth Bank of Australia. We explore the impacts of Justice Yates' findings.

• Wetdal v Estia: Are interlocutory class closure orders really beyond power?
  

  We analyse the recent Wetdal v Estia judgment, and in particular, Justice Beach's consideration of whether interlocutory class closure orders really are beyond power.

   

• MinterEllison authors Australian perspective for The Class Actions Law Review
  

  Class actions are now a global phenomenon. Australia is no different, with class actions continuing to grow in prominence and regularity. To help unwrap this trend, MinterEllison has authored the Australian chapter of the publication, The Class Actions Law Review.

• MinterEllison acts in landmark cartel case
  

  MinterEllison has successfully defended the criminal cartel action against Citi executive Itay Tuchman.

• A fundamental shift? The High Court's decision in BMW Australia Ltd v Brewster
  A new decision may result in a slowdown in the commencement of new class actions and a return to 'closed' class actions.
• Practical Law, Global Guides - Class and Collective Actions in Australia – 2019
  

  Our class action specialists provide their observations and commentary on the current procedural and regulatory framework which underpins this increasingly-popular type of litigation, as well as their expert insights on future trends and possible areas of reform.

• COVID-19: Force majeure and frustration of your contracts
  

  As the spread of the coronavirus disrupts business, contracting parties are starting to consider whether force majeure or frustration have altered or discharged contractual obligations to perform.

• Will heightened greenwashing regulatory intervention increase class action risk?
  

  In light of the growing global focus on sustainability, businesses operating in Australia face increased scrutiny on their environmental, social, and governance practices. This has the potential to increase class action risk for those businesses.

• ICLG: Enforcement of Foreign Judgments 2017
  Partner Beverley Newbold and Senior Associate Tamlyn Mills have written the Australian chapter of the International Comparative Legal Guide to: Enforcement of Foreign Judgments 2017. The publication offers cross-border insights into the enforcement of foreign judgments, and the chapter covers the general regime, special enforcement regimes applicable to judgments from certain countries, enforcement and other matters.
• New decision fuels risk of pre-action discovery against companies facing misconduct allegations
  

  New decision: McFarlane as Trustee for the S McFarlane Superannuation Fund v IOOF Holdings Limited [2018] FCA 692  fuels risk of pre-action discovery against companies facing misconduct allegations. 

• Force majeure and frustration of university contracts during COVID-19
  

  The spread of COVID-19 does not mean that a force majeure clause will be operative or that a contract will be frustrated. Universities will need to consider the specific impact of COVID-19 on how they perform obligations in the context of each of their contracts.

• Protecting your corporate reputation during a crisis
  Picture this: you are just about to grab a coffee during a busy day when your phone rings. You answer the call. A reporter is on the line and you are about to be tomorrow's front page news for all the wrong reasons. A crisis is breaking ... how do you respond? This article gives guidance on how you should handle the media during a crisis and rebuild your reputation after a crisis.