Jon Baker

Overview of Experience

• Significant experience in court litigation, including in appellate matters, in the federal courts, in the Supreme Courts in several states and territories, in the Supreme Court of Western Australia, in the Supreme Court of Western Australia (Court of Appeal), and in the Western Australian inferior courts.
• Significant experience in commercial litigation and disputes, involving a broad spectrum of matters – including (among others) debt claims, breach of contract claims, breach of directors’ duties claims, equitable relief claims (injunctions, breach of fiduciary duties, etc.), professional negligence claims, administrative law actions, misleading and deceptive conduct, unconscionable conduct, mining law focused disputes, and construction disputes (for both principal and contractor).
• Experience in acting for clients in statutory investigations and governmental commissions of inquiry.
• Experience providing legal and strategic advice relating to personal property securities and real property securities (including security reviews for financiers, restructuring advice, and enforcement advice).
• Select matters according to area are summarised below.

Select Construction Disputes Matters

• Acting for a large international oil and gas company in a multimillion-dollar litigation under Security of Payment Legislation and in the NT Supreme Court. The dispute related to the construction of a complex multibillion-dollar project, which is one of the largest projects of its type globally.

Select Administrative Law Matters

• Acting for Woolworths Group Limited in its proposal to establish the first Dan Murphy’s in Darwin, NT, and acting in multi-party administrative proceedings and Court proceedings relating to the proposal.
• Acting for Woolworths Group Limited in successfully resisting judicial review proceedings seeking urgent injunctive relief to prevent consideration of an administrative application (application filed, heard, and judgment issued in 48 hours).

Select Corporations Disputes Matters

• Acting for a British Virgin Islands shareholder of a listed Australian mining entity in a Supreme Court of Western Australia dispute. Jon’s client sought urgent injunctive relief against the company’s directors for an apprehended contravention of the Corporations Act 2001 (Cth) relating to a conflict of interest.
• Acting for the major shareholder and the director of an ASX listed entity in urgent Federal Court of Australia proceedings seeking declarations about the validity of the appointment of the Chairperson of the board. The proceeding was commenced and judgment delivered in a less-than three-week period.

Select Contractual Disputes

• Acting for a corporate trustee in relation to a dispute regarding antiquated provisions of a unit trust deed in defence of an action for declaratory relief brought by a former unit holder in the trust. Jon’s client wholly and successfully defended the action.
• Acting for a large proprietary limited company against its insurer, relating to the insurer’s refusal to offer the company “run-off” cover under an expired insurance policy. Jon’s client was successful in obtaining the run-off policy.
• Acting for the subsidiary of a large foreign-listed mining services company in respect of an action arising from the terms of a commercial lease agreement and deed of settlement.
• Acting for a large proprietary limited company against its former employee seeking the payment of an exit bonus arising from the employee’s directorship of the company.
• Acting for a technology services company in respect of amounts owing from a former client under the terms of a software development and maintenance retainer.
• Acting for a landholding subsidiary of a large WA property landholding concern in respect of claims made by a vendor to a contingent balloon payment arising from the sale and purchase of land.
• Acting for a joint venture partner in an unincorporated joint venture relating to disputes arising from the dissolution and unwinding of the joint venture concern.

Select Restructuring Disputes Matters

• Acting for a large Australian construction and land holding corporate group in several legacy proceedings arising from the corporate reconstruction and sale of the parent of the group of entities. The disputes spanned contract law, corporate insolvency law, the Corporations Act 2001 (Cth) regime and planning law.
• Acting for a large-scale overseas-headquartered “fracking” concern group and providing advice relating to breach of directors duties and accessorial liability claims relating to an Australian subsidiary’s entry into finance and security agreements.

Select Corporate Insolvency and Financial Services Litigation Matters

• Acting for a major Australian bank in successfully defending and counterclaiming in proceedings brought by a borrower corporation’s part of a corporate group. The matter set precedent on Commonwealth and WA legislation, and involved an application for Special Leave to the High Court of Australia (leave refused in favour of Jon’s client).
• Acting for the directors and related corporation of a WA based landholding company under external administration. Jon provided nuanced advice regarding claims made by the WA Government against the company in administration under the Environmental Protection Act 1986 (WA). Jon was successfully involved in restructuring the company through Deed of Company Arrangement, returning control of the external administered company to his clients.
• Acting as the lead insolvency junior for a major ASX-listed bank in relation to its multimillion-dollar exposure to a large shipping entity. This involved complex strategic advice on recovery options, including cross-border ships mortgage issues, Personal Property Securities Act 2009 (Cth) advice and the UNCITRAL Model Law on Cross-Border Insolvency.
• Acting for the deed administrators of an ASX-listed media streaming business (Quickflix), and successful involvement in a court application to transfer the shares in the business to a purchaser through Deed of Company Arrangement.
• Acting for the liquidators of a WA-based haulage company, and providing detailed legal and commercial advice on Personal Property Securities Act 2009 (Cth) issues arising from leases of haulage equipment and equipment finance facilities.
• Acting for the receivers and managers of a small-/mid-cap ASX-listed mining entity. Jon provided ongoing receivership advice, including strategic advice on the sale of the company’s tenements, including participating in a novel Court application to discharge the security of an adversely aligned secured creditor.
• Acting for a major bank and the receivers and managers of a large WA engineering services company that involved strategic advice on recovering an AU$50 million lending exposure.
• Acting for a major ASX-listed bank in defending court proceedings instituted by a borrower for misleading and deceptive conduct in the Supreme Court.
• Acting for the former receivers and managers of an ASX-listed miner, defending proceedings brought against the former receivers in which the receivers were allegedly personally liable.
• Acting for the deed administrators of an ASX-listed mining entity, and successfully defending an application brought by a major creditor of the company to set aside a deed of company arrangement.