Practice Expertise
- Litigation and disputes
Areas of Practice
- Litigation and disputes
Profile
My broad-based expertise spans complex court proceedings and arbitration including cross- border actions, shareholder and investor disputes, global supply chain actions and land acquisition compensation claims. I often work closely with boards and senior management including on strategic and reputational considerations. I am an active member of the International Bar Association and World Law Group.
I am skilled at navigating complex issues, leading large teams and working within compressed timeframes. I have experience in a number of industries including automotive (in which I have acted for numerous global original equipment manufacturers (OEMs) for over 25 years on risk and regulatory issues including network rationalisation, dealer termination and regulator investigations), telecommunications, investment, property and retail.
My international practice includes having acted for major global companies in court proceedings and arbitration, advising on global distribution agreements (including termination issues), conflict of laws and registering and enforcing foreign judgments.
I also act for land owners on contested major land compulsory acquisition compensation claims including Dennis Family Homes in one of the largest compensation claims in Victoria, arising from national projects such as the regional rail link, East-West Link, western grasslands reserve and Fisherman's Bend.
My experience in significant investigations and regulator enforcement action includes ACCC investigations and action relating to TAKATA airbags and consumer law issues including product recalls, and ACMA action against an international telecommunications company resulting in enforceable undertakings.
I have also had lead roles in numerous Royal Commissions and Inquires including the Hotel Quarantine Inquiry into Covid-19, the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, the Royal Commission into the Robodebt Scheme and Royal Commission into Veteran Affairs and Suicide. I understand the significant pressures and reputational risk associated with the external review process.
Career highlights
- Acted for one of Australia’s leading investment managers in 3 consolidated Federal Court proceedings brought by international significant investors alleging misleading and deceptive conduct and unconscionable conduct in relation to their investment.
- ITL Optronics Limited: Acted for a global defence technology manufacturer defending a claim by its Australian distributor for alleged breaches of agreement and claims of misleading or deceptive conduct. This large-scale litigation spanned across multiple jurisdictions (including Australia, Israel and England) dealing with complex questions including conflict of laws and involved anti-suit injunctions.
- DEKRA SE: Acted for a German company in an arbitration concerning alleged misleading or deceptive conduct and breaches of warranties contained in a share sale agreement.
- McConnell Dowell: Defended Federal Court proceedings alleging misleading or deceptive conduct and breach of warranties associated with forecasts contained in share sale agreement.
- Acted for global multi vitamin manufacturer in relation to disputed termination of an international supply agreement including interlocutory injunction.
- Acted for Chinese investors in Supreme Court proceedings regarding the termination of a joint venture agreement associated with a multi-million dollar land acquisition and development and claims of misleading or deceptive conduct.
- BMW Australia: Acted for BMW Australia in relation to aspects of its TAKATA airbag recall in Australia and ACCC investigation. Have also advised BMW Australia for over 25 years in relation to matters dealing with its dealer network and product -related issues including the Franchising Code of Conduct.
- GM Holden Limited: Acted for GM Holden Limited in relation to a 12 month investigation by the ACCC into its statutory consumer guarantee policies and practices, and a subsequent s 87B undertaking. Subsequently also appointed as independent expert to oversee compliance with the undertaking.
- Multinational telecommunications company: Acted for a multinational telecommunications company based in the United Kingdom in an ACMA investigation and enforcement action for contraventions of the Telecommunications Act 1997 (Cth).
- Acted for numerous OEMs in the automotive industry including GM Holden, BMW, MINI, Fiat Chrysler, Nissan, Subaru, Repco in relation to network and product issues including rationalisation and restructure of their distribution networks, competition and consumer law/Australian consumer law risks (including statutory consumer guarantees), regulatory investigations, Franchising Code, advertising and staff training.
- AGL in relation to its retail network rationalisation and separate Federal Court Proceedings.
- Multiple land owners including Dennis Family Homes and Caradi in large land acquisition compensation claims in the Supreme Court involving complex and novel legal arguments regarding the heads of claim and expert evidence.
- COVID-19 Hotel Quarantine Commission of Inquiry: Acted for the Victorian Department of Health and Human Services in the 2020 Inquiry into Hotel Quarantine in Victoria. I led a large national team for the Department on all aspects of the Inquiry including evidence preparation, privilege and confidentiality issues. The scale and intensity of the inquiry (during lockdown) is unparalleled in Australia.
- Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability: Acted for the State of Victoria in all aspects of this royal commission.
- Royal Commission into the Robodebt Scheme: Advised the Department of Social Services including witness preparation.
- Royal Commission into Defence and Veteran Suicide: Advised Senior Officials of the Australian Defence Force including witness preparation.
- Coronial Inquests: Including acting for the Victorian Department of Health in the Coronial Inquest into the deaths at St Basil’s aged care facility in 2020.
Professional memberships and affiliations
- International Bar Association (IBA).
- World Law Group
Awards and recognition
- Client Choice Awards – Litigation: 2018 - 2015
- Recommended – Franchise Law, Best Lawyers: 2023 - 2014
- Outstanding Contribution to Franchising Award - Franchising Council of Australia, 2012
Education
BA LLB (HONS)
Areas of Practice
- Litigation and disputes
Professional Career
- International Law Association
- World Law Group
- Franchise Council of Australia's Legal Sub-Committee, Victorian State Chapter and Women In Franchising
- International Car Distribution Programme Australia
- The Victorian Planning & Environmental Law Association
Articles
- Top five tips for defensible decision making in the healthcare sector
Leaders of healthcare organisations are making tough and rapid decisions about critical responses to the unfolding COVID-19 pandemic. What can you do now to safeguard your organisation against potential hindsight scrutiny?
- Fairness in franchising
A parliamentary report on fairness in franchising has broad implications for both franchisors and franchisees. - Parliamentary Inquiry into the operation and effectiveness of the Franchising Code of Conduct (Franchising Code)
Parliamentary Joint Committee on Corporations and Financial Services calls for public submissions by 4 May 2018.
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