With my background in competition law, I am passionate about anticipating and helping to manage risk for clients from emerging sources, including regulatory investigations and defending enforcement action under competition, consumer and securities laws.

Specialties include: ESG, risk & regulatory, antitrust, competition law, governance frameworks, securities regulation, executive accountability frameworks.

Career highlights

• Working with one of Australia’s largest retailers to identify and manage greenwashing risk arising from its extensive and disparate range of products;
• Working with one of Australia’s largest listed integrated infrastructure and facilities providers to make the jump from voluntary to mandatory climate related financial reporting;
• Helping Australia’s largest bank, Commonwealth Bank of Australia on regulatory investigations (ASIC & ACCC) in foreign exchange trading activity and alleged interest rate benchmark manipulation (BBSW), as well as its implementation of Australia's Banking Executive Accountability regime (known as BEAR/ FAR).
• Working with Australia’s largest general insurer, IAG on a variety of issues arising under the CCA, including successful ACCC clearance of its $1.45bn acquisition of Wesfarmers Insurance and helping it to navigate the ACCC's Northern Australia Insurance Inquiry.
• Defending Singapore Airlines Cargo in its prosecution by the ACCC for alleged airfreight cartel conduct and acting for it and Singapore Airlines in related class action proceedings.
• Working with companies like oOh!Media on its AU$570m acquisition of competitor Adshel, CIMIC on its $524m acquisition of UGL; and Linfox Armaguard on its acquisition of the cash logistics business of Brink's Australia and authorised merger with Prosegur.

Directories and awards

• Leading Individual, Competition and Trade - The Legal 500 Asia Pacific: 2020 to 2024. Clients said “world-class expert and one of the smartest practitioners in his field, providing commercial and practical advice”, "a seasoned veteran and master strategist" and "he has the full set of expertise and technical skills one would expect from a top-tier market leader, but differentiated by particularly high levels of emotional intelligence...amazingly easy to deal with and very confidence inspiring, so I am comfortable putting him before the Board".
• Leading Individual, Competition and Market Regulation - Chambers Asia Pacific: 2008 to 2024. Paul is "able to quickly grasp the commercial and technical drivers of any transaction and (is) very adept at identifying the regulatory risks and providing creative solutions to work around them".
• Recognised as Most Highly Regarded and a Thought Leader in Who's Who Legal – Competition 2019 to 2023. Clients describe Paul as a "creative and smart lawyer" with a "deep understanding of competition law".
• Recommended – Competition Law, Best Lawyers: 2014 to 2023
• Recommended – Regulatory Practice, Best Lawyers: 2014 to 2023
• Recommended – Telecommunications Law, Best Lawyers: 2009 to 2023

Bar Admissions
High Court of Australia
Supreme Court of NSW

Education
BA (Juris), LLB (Hons)

• Law Council of Australia Trade Practices Committee
• American Bar Association Antitrust Section
• American Bar Association International Law Section (Antitrust Committee)

• Can you regulate for accountability?
  

  New study looks at the impact of the BEAR on individual accountability and risk culture in the banking sector (so far)...

• Navigating greenwashing risks – July 2023 update
  

  In our latest greenwashing update, we cut through the noise to tell you what you need to know, what is coming and how best to prepare.

• Financial Accountability Regime Status update: FAR Bill introduced
  

  The Bill to establish the Financial Accountability Regime (FAR) was introduced into the House of Representatives on 28 October 2021. While the Bill is similar in most respects to the draft legislation released for consultation in July-August 2021, it is not identical. The proposed FAR is also not identical to the existing Banking Executive Accountability Regime (BEAR) which, if legislated, it will replace.

• 'BrAInwashing': It's a thing
  

  You would have heard of 'greenwashing', but have you heard of 'brAInwashing'? We discuss the application of the Australian Consumer Law to the promotion of products and services which use AI.

• Greenwashing enforcement | ACCC launches court action over ocean plastic claims
  

  The ACCC has commenced greenwashing proceedings in the Federal Court against a manufacturer of kitchen and garbage bags alleging the manufacturer deprived consumers of the opportunity to make informed purchasing decisions.

• MinterEllison takes out 'Behavioural matter of the year' at the 2018 GCR Awards
  

  Landmark case receives prestigious award from Global Competition Review.

• FAR preparation for the insurance and super sectors
  

  The Financial Accountability Regime (FAR) Bill and its associated rules have been passed, setting new accountability standards for the banking, insurance, and superannuation sectors starting from March 2024, with regulators releasing detailed guidelines and transitional rules.

• Is competition law a roadblock to sustainability initiatives?
  

  Competition law concerns about collaborating with competitors can create a barrier for businesses to innovate and respond to the threats associated with climate change. We identify some lessons from the regulatory response to the pandemic as well as international regulatory developments to explore the role of competition law to facilitate climate-related financial risk mitigation and adaptation and how the ACCC can help.

• ACCC pushes for major merger law reforms
  

  Building on the efforts of her predecessor, ACCC Chair, Gina Cass-Gottlieb, calls for an overhaul of Australia's merger control regime.

   

• International Comparative Legal Guide to Merger Control 2019: Australia
  

  MinterEllison has written the Australian chapter of the International Comparative Legal Guide to: Merger Control 2019.

• Australian Merger Control: Change in uncertain times
  

  With the Australian competition regulator calling for reform and a renewed focus on big tech and international collaboration, change is on its way for Australia's merger control regime. What does this mean for investors and transactions?

• Australia's Sustainable Finance Roadmap: A comprehensive guide
  

  We respond to Australia's new Sustainable Finance Roadmap, which proposes an ambitious agenda intended to have economy-wide effect.

• MinterEllison advises on Linfox Armaguard Prosegur Merger
  

  MinterEllison has advised Linfox Armaguard on its merger with Prosegur Australia, securing both ACCC and FIRB approvals in the process.

   

• ACCC 2021 compliance and enforcement priorities
  

  This week, the ACCC announced its compliance and enforcement policies for 2021. We provide a high level summary of its engagement strategies, focus sectors and merger control law reform.

   

• Mandatory Climate Reporting: Lessons for Australian companies from across 'The Ditch'!
  

  Many NZ entities have lodged their first climate statements. Together with MinterEllisonRuddWatts, we've identified four lessons Australian companies can adopt.

• Food and agribusiness sector remains key priority for ACCC: 12 areas of activity and concern
  

  The Australian Competition and Consumer Commission (ACCC) has been active in education and enforcement of competition and consumer law issues in the agribusiness and food sphere over the past year.

• Government announces sweeping reforms to merger control law in Australia
  

  The Treasurer has announced reforms to Australia's merger control regime, described as the biggest changes to Australian merger control law in 50 years. The package will have a significant impact on how parties seek merger approval.

• ACCC's 2019 compliance and enforcement priorities
  

  The ACCC’s Compliance and Enforcement Policy and Priorities for 2019, announced yesterday, highlight their top priorities: competition enforcement, consumer law enforcement, product safety, current market studies and advocacy.

• Mandatory Climate Reporting Senate committee recommends passage of landmark Climate Bill
  

  Key takeaways from the Senate Committee Report.

• ACCC loses first contested criminal cartel case
  

  The ACCC has recorded a historic loss in the first criminal cartel case to run to trial in Australia. It is, however, a reminder of the impact (time, cost, stress) of regulatory investigations.

• The proposed new Financial Accountability Regime: new minimum standards for entities, boards and senior management across the economy?
  Overview | Treasury proposal paper on the new Financial Accountability Regime (FAR)
• ACCC's Digital Platforms Inquiry calls for far-reaching reforms 
  The ACCC's preliminary report on the Digital Platforms Inquiry contains far-reaching recommendations that impact business, the media, and consumer privacy rights.
• New Hutley Opinion: What does it mean for directors?
  

  Analysis of the further supplementary opinion on Climate Change and Directors’ Duties

• Reforms and penalties on the way for unfair contract terms
  

  Proposed unfair contract term reforms include the introduction of penalties for reliance on an unfair term and an expansion of the UCT regime's scope. We explore what this could mean for businesses.

   

• FSRC Final Report: BEAR Regime
  

  FSRC Final Report BEAR Regime insights for industry

• One step closer to reforms and penalties for unfair contract terms
  

  The Treasury Laws Amendment (Enhancing Tax Integrity and Supporting Business Investment) Bill 2022 (the Bill), has been introduced. As foreshadowed in prior exposure draft legislation (Draft Legislation), the Bill proposes to strengthen and expand the unfair contract term (UCT) regime. It includes the introduction of penalties to propose, apply or rely on an unfair term in applicable contracts and expansion of the UCT regime's scope. We explore what's new in comparison to the current UCT laws and the draft legislation released in late 2021.

• ACCC releases final environmental claims guidance
  

  The ACCC has released its long-awaited final guidance for businesses making environmental claims about their products, services or the business itself.

• Government's support of ACCC Digital Platforms Inquiry
  The Australian Government has delivered its response to the Australian Competition and Consumer Commission's Digital Platforms Inquiry. The Government's response has largely supported the ACCC's recommendations and sets out a detailed roadmap of work for 2020 and into 2021. This includes the creation of a new 'Digital Platforms Branch' within the ACCC which will continue to examine the sector.
• High Court upholds price fixing judgment against Flight Centre
  

  The High Court has today found in favour of the ACCC in its appeal to re-instate a finding by the Federal Court that Flight Centre Travel Group attempted to engage in price fixing. In reaching this decision, the majority of the Court have found that a principal and an agent can compete with each other, but it will depend on the facts and surrounding circumstances in each case.

• Getting the global deal done amid the COVID-19 crisis
  

  Perspectives on key FIRB and ACCC issues impacting global and multinational transactions with an Australian dimension.

• Five tips for 'climate-conscious' contractual drafting and negotiation
  

  How do your current precedent contracts deal with the risks (and opportunities) of a changing climate? We can help guide your approach to 'climate-conscious' contractual drafting and negotiation.

• Sustainability collaboration under competition law
  

  The NZCC has released guidelines on the application of competition law to collaboration on sustainability initiatives. We hope for something more, but expect similar from the ACCC in 2024.

• Unfair contract terms regime extended to 'small business contracts' - implications for IT contracts
  
• Mandatory Climate Reporting | 'You have to do this now' says ASIC Chair
  

  ASIC expects business not to wait for the new mandatory climate reporting regime to be enacted, but to start preparing now.  

• Australian Senate passes landmark climate reporting Act
  

  Legislation passed the Australian Senate on 22nd August 2024 which will require many Australian companies and asset owners to annually report about their approach to climate-related financial risks and opportunities, in respect of financial periods starting in 2025.

• AI & ESG: Critical crossroads for Australian boards and executives
  

  AI and ESG are at the forefront of strategy and risk for organisations, but harnessing the power of both can unlock true success.

• FAR implementation | Financial Accountability Regime (Minister Rules) 2024 published
  

  Who is an 'accountable person' under the FAR and when will accountable entities meet the 'enhanced notification' threshold? Here's what's in the long-awaited Financial Accountability Regime (Minister Rules) 2024

• FAR transition | Regulators issue final Rules
  

  ASIC and APRA have finalised new Rules setting out what information they need from ADIs about their Accountable Persons (APs) at the 'transition point' from the BEAR to the FAR - Financial Accountability Regime (Consequential Amendments) Transitional Rules 2024 (Transitional Rules) - and confirming the information to be included in the FAR register of accountable persons -Financial Accountability Regime Act (Information for register) Regulator Rules 2024 (Regulator rules).  Here's what you need to know.

• FAR status update: Regulators consult on FAR implementation
  

  The Australian Securities and Investments Commission (ASIC) and the Australian Prudential Regulation Authority (APRA) have opened a four week consultation on draft rules to support the transition from the existing BEAR to the Financial Accountability Regime (FAR) and implementation of the FAR.  Here’s what you need to know.

• ACCC seeking feedback on a class exemption for collective bargaining
  

  The ACCC is seeking feedback on a proposed collective bargaining class exemption that would allow many smaller businesses to collectively bargain with their customers or suppliers.

  The collective bargaining class exemption will provide eligible businesses with a 'safe harbour' to engage in the conduct specified in the class exemption without the risk of breaching the relevant provisions of the Competition and Consumer Act 2010 (Cth) (CCA).

• Mandatory climate reporting: Curbing corporate ambitions?
  

  We examine whether Australia’s new mandatory climate reporting requirements may companies to be less ambitious in setting corporate emissions targets.

• Mandatory climate reporting in Australia | Landmark Climate Disclosure Bill introduced
  

  Long awaited legislation - Schedule 4 to the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Bill 2024 (Cth) - to establish an ISSB-aligned mandatory climate reporting regime in Australia was introduced into the House of Representatives on 27 March 2024.  Here is our overview.

• Competition and Consumer Law nutshell - Penalties
  An analysis of the core commercial issues in penalties from 2012, and those to watch closely in 2013.
• FAR status update: FAR Bills now law
  

  Legislation to introduce the long-awaited FAR - the Financial Accountability Regime (Consequential Amendments) Bill 2023 and Financial Accountability Regime Bill 2023 – received Assent on 14 September 2023.

• Financial Accountability Regime: Bills (re)introduced
  

  The long-awaited Bills to established the proposed FAR were (re)introduced into the House of Representatives on 8 September 2022

• Landmark ACCC determination on proposed acquisition of Origin Energy
  

  The ACCC has accepted that the material public benefit of reducing emissions justified authorisation of Brookfield and MidOcean's proposed acquisition of Origin Energy.

• End of an era: Repeal of s51(3) of the CCA and implications for your IP
  

  A new bill, if passed, will repeal the IP exemption in the Competition and Consumer Act 2010 (Cth), requiring IP rights holders to ensure that the conditions in their licensing arrangements do not contravene the anti-competitive conduct prohibitions in that Act.

• The energy transition and ESG - a chain reaction
  

  The energy sector is a hot spot for ESG issues – and its success (or lack thereof) in addressing them impacts all other sectors

• What are the implications of the High Court’s decision in Australian Competition and Consumer Commission v Flight Centre Travel Group Ltd
  
• Mandatory climate reporting in Australia: Newly updated guide
  

  Understanding and implementing the biggest change to corporate reporting in a generation.

• Mandatory Climate Reporting in Australia | Draft Bill released for consultation
  

  The government has released long-awaited draft legislation for consultation that proposes to establish a mandatory climate reporting regime in Australia.  Here's what's in the Bill.  

• FAR update | ASIC and APRA release information package
  

  APRA and ASIC will jointly administer the FAR, coordinating closely to streamline reporting through a single portal, APRA Connect, while ensuring consistent monitoring, investigation, and communication regarding FAR compliance and enforcement.

• ACCC releases long awaited draft 'green' claims guidelines
  

  Businesses should prepare for increased enforcement action following the release of the ACCC draft guidance

• APRA supervisory and policy priorities for H1 2024 released
  

  GRCA, operational resilience, climate and cyber included among APRA's top supervision and policy priorities for the next six months.   

• Why not litigate (again)?
  The Australian Securities and Investments Commission (ASIC) has commenced proceedings against Bendigo and Adelaide Bank and separately, against the Bank of Queensland over (alleged) unfair small business loans.
• Sustainability initiatives: Collaboration or cartel?
  

  The ACCC has followed other antitrust regulators by taking steps to ensure that competition law does not inadvertently hamper collaboration directed at delivering sustainability-driven outcomes.

• ACCC 2020 compliance and enforcement priorities
  The ACCC’s Compliance and Enforcement Policy and Priorities for 2020, announced yesterday, highlight its top priorities: competition enforcement, consumer law enforcement, product safety, current market studies and advocacy.
• New report offers insights into how Australian boards are thinking about and acting on climate
  

  Where does climate risk sit in Australian directors' list of priorities?  How are boards responding to the challenge?  What do directors consider are the main barriers to action? These are some of the questions addressed in a new report from the AICD and Pollination for the Climate Governance Initiative Australia.  Here are our key takeaways.

• Consultation on draft legislation to establish the Financial Accountability Regime
  

  The government has released long awaited draft legislation that will establish the Financial Accountability Regime. We provide an overview and discussion of the key measures.

• ASIC calls on general insurers to sharpen their focus on nonfinancial risk in light of ongoing 'systemic pricing failures'
  

  ASIC REP 765 reiterates calls on all general insurers to be proactive in their approach to nonfinancial risk and in particular, to sharpen their focus on 'good product governance' in light of ongoing failures by industry to deliver on pricing promises to customers.  

• Heavy new penalties arrive for the Australian Consumer Law
  

  The Australian Consumer Law (ACL) has been amended to increase the maximum penalties that can be handed down for breaching the ACL.

  The substantial increase aligns those maximum penalties with the current maximum penalties for contravening the competition provisions under the Competition and Consumer Act 2010.