Litigation & Dispute Resolution – Recent experience
Recent litigation and dispute resolution experience includes:
Administrative law
Acting for Airservices Australia and other government
enterprises and statutory bodies in administrative law challenges. Also
represented several joint venturers in an Administrative Appeals Tribunal review
of the decisions of the Industry Research and Development Board relating to the
application of the R & D tax concession.
Class actions
Acting for Aristocrat in Australia's largest shareholder class action to go to
trial, including in relation to settlement negotiations; advising Xstrata on
potential class action proceedings regarding victims of lead poisoning at Mt Isa;
acting for AWB in class action proceedings commenced by shareholders alleging
breaches of the ASX's continuous disclosure rules; acting for Amcor in defending
a class action for alleged cartel conduct with Visy; representing Philip Morris
in Australia's first and only class actions brought against Australian tobacco
manufacturers; advising Rio Tinto on class action proceedings in the US Federal
District Court regarding alleged breaches of the US Alien Tort Claims Act
arising from conduct at the Panguna mine on Bougainville.
Commissions of Inquiry
Acted for Rail Infrastructure Corporation in the
Glenbrook and Waterfall train disasters; for various parties in the HIH Royal
Commission and for the Grand Prix Corporation in the inquiry into the death of a
marshall.
Competition law
Acting for a variety of clients, including News Ltd, in the
C7 litigation; Amcor in the ACCC cartel investigation; Queensland Rail in the
Acacia Ridge dispute with Pacific National; and Hamersley Iron in an
infrastructure access dispute under Part IIIA of the Trade Practices Act.
Constitutional law
Acted in the 'Stolen Generations' case, the High Court
proceedings that sought to establish that 'cultural genocide' is part of
customary international law and Australian municipal law; and that the removal
of certain Aboriginal children constituted an infringement of rights recognised
and protected under the Commonwealth Constitution.
Contractual disputes
Acted for a manufacturer in a contractual dispute
arising from the issue of an allegedly invalid Notice of Force Majeure under a
supply contract between the two parties. Acted for Burger King in defending
Supreme Court proceedings issued by a franchisee. Claims included misleading and
deceptive conduct, negligence and breach of contract.
Corporate governance
Acted for the Chairman and Non-Executive Directors of
the National Australia Bank in the Cathy Walter matter and for Durban Roodeport
Deep in a dispute over director's duties.
International law
Acted in proceedings between the Export Import Bank of the
United States and the Republic of Nauru for enforcement of aircraft mortgage and
recovery of Air Nauru 737. The proceedings raised significant questions of
sovereign immunity under Australian law and other questions of United States
constitutional law.
Regulatory investigations
Acting for numerous investment banks in ASIC and
ASX enquiries.
Resources
Acting for Rio Tinto in a Bougainville mine US proceeding and for
Ensham Resources in the Southern Cross Mine Management case.
Tax
Acting for several large multinational resources company in tax disputes
against the ATO in the Federal Court.
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