Practice Expertise
- Litigation and disputes
Areas of Practice
- Litigation and disputes
Profile
I have a sophisticated understanding of class action strategy, and in particular, am considered pre-eminent in Australia in my experience regarding the quantum of damages in class actions.
I also undertake major commercial litigation, having acted for a number of the largest ASX-listed corporations in Australia, and advise financial institutions in respect of litigation, regulatory risk and investigations, private examinations by ASIC and public administrator examinations. I have extensive experience managing breach reporting to regulators and responses to regulatory requests.
My clients appreciate my deep understanding and ability to advise on product liability and crisis management matters and in providing recall advice for major Australian and international companies in the consumer/retail, manufacturing and medical/pharmaceutical sectors.
Career highlights
Class actions:- Act for Estia Health Limited in a funded class action brought by shareholders alleging breaches of the Corporations Act concerning Estia's funding and operating structures and market guidance.
- Act for Bellamy's in two shareholder class actions alleging contraventions of Australian continuous disclosure requirements concerning earnings guidance and financial results.
- Act for Crown Resorts in a shareholder class action alleging contraventions of Australian continuous disclosure requirements concerning Chinese gambling regulations.
Prior to joining MinterEllison:
- Acted for OZ Minerals in three shareholder class actions, the most recent arising out of the merger between Oxiana and Zinifex.
- Acted for Lend Lease and Bilfinger in defending three proceedings brought in relation to AECOM’s traffic forecasts in the RiverCity project, including a major shareholder class action.
- Acted for Centro in several funded shareholder class actions alleging contraventions of Australian securities laws, regarded as one of the most complex set of class actions in Australian history.
- Acted for Multiplex and Telstra in a shareholder class action alleging contraventions of Australian continuous disclosure requirements.
- Advised confidential financial institutions in relation to the issue of 'Fees for No Service' and breach reporting to ASIC regarding responsible lending compliance requirements.
- Advise confidential financial institutions regarding responding to ASIC notices, including notices issued pursuant to section 912C of the Corporations Act and section 30 of the ASIC Act.
- Represent numerous senior individuals at confidential financial institutions in ASIC examinations conducted under section 19 ASIC Act.
- Provided advice concerning threatened contamination claims including potential class action risk.
- Provided advice for a national charity concerning personal injury exposure on product, including advising on media statements, first response protocols, and managing consumer complaints.
- Provided recent advice on product liability, regulatory and recall matters for a number of major Australian and international companies.
- Prior to joining MinterEllison, acted for DePuy and Johnson & Johnson in Australia’s largest products liability class action in respect of hip replacement prostheses.
- Successfully represented MLC Nominees and NULIS in an appeal in the Federal Court of Australia regarding a Tribunal determination concerning superannuation contribution fees.
- Successfully achieved declaration regarding client voting rights in contested Federal Court hearing concerning 'associate' relationships under the Corporations Act for 360 Capital FM Limited.
Prior to joining MinterEllison:
- Acted for Macquarie Bank in litigation arising from the BrisConnections project, including proceedings in the Federal Court and the summary dismissal of a A$1.3 billion class action claim in 2009.
- Acted for Babcock & Brown International Pty Limited and various US-based subsidiaries in claims totalling over US$50m brought by Delaware and Cayman Islands-based plaintiffs in respect of two US-based transactions.
Areas of Practice
- Litigation and disputes
Professional Career
Articles
- Changes to continuous disclosure laws are now permanent
Is this the end of speculative class actions?
- 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.
- 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.
- Climate litigation development: Australia leading the pack
Australia s in climate litigation. Investors probe ESG claims. Dive into MinterEllison's insights on recent cases and future trends.
- 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.
- 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.
- 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.
- 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.
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