Hamish Donovan

Corporate Experience

• Assisting a sports governing body in relation commercial agreements for the aggregation, and sale of race vision to private Australian wagering operators and broadcasters (including SKY, Tabcorp and Sportsbet).
• Assisting with due diligence to support an independent power producer in undertaking multimillion dollar project refinancings of two gas-fired power stations and a portfolio of renewable energy assets.
• Assisting a marine pilotage company in negotiations for an ongoing pilotage services agreement with the state authority.
• Assisting sporting industry clients in relation to the operation of trade promotion lotteries.

Litigation Experience

Commercial Disputes

• Advising an international company on options to commence proceedings against directors of the Australian parent company in a dispute with a foreign subsidiary.
• Assisting with advising a marine pilotage company on the construction of a trust deed to determine if a former employee was entitled to certain payments after leaving the business, in proceedings in the Supreme Court of Western Australia.
• Assisting a marine pilotage company in seeking urgent restraint of trade injunctions in the Supreme Court of Western Australia.
• Assisting with an appeal before the Supreme Court of Western Australia Court of Appeal. The appeal arose from a Supreme Court of Western Australia decision to join a third-party to the proceedings.
• Advising a creditor on, and successfully making an application to wind-up three companies on just and equitable grounds.
• Advising international companies in relation to Australian labelling requirements and misleading and deceptive conduct.
• Advising a property development company over a contractual dispute in the Supreme Court of Western Australia.
• Advising a property development company over a contractual dispute involving allegations of misleading, or deceptive conduct relating to required building class and building standards.
• Advising and acting for a company in responding to a request for pre-action discovery in a dispute relating to international mining tenements.
• Assisting with advising a medical supplies business on unconscionable conduct provisions under the Australian Consumer Law relating to a debt recovery dispute arising from the supply of personal protective equipment during the COVID-19 pandemic, in proceedings in the Supreme Court of Western Australia.
• Advising on defamation matters and preparing concerns notices.
• Preparing and responding to freedom of information applications.

Sports and Entertainment

• Advising a sporting industry regulator on the scope of its powers and its compliance obligations under applicable legislation.
• Advising sporting industry clients in relation to compliance with obligations under gaming and wagering legislation.
• Advising an international sporting body in relation to a dispute over intellectual property rights in an international sporting event.
• Advising an entertainment industry company in a dispute regarding passing off, and misleading or deceptive conduct under the Australian Consumer Law.

Regulatory Investigations and Prosecutions

• Defending a manufacturer in the Magistrates Court of Western Australia against charges laid under the Environmental Protection Act 1986 (WA).
• Assisting a manufacturing company negotiate amendments to its environmental licence and application for works approvals.
• Advising a manufacturing company on compliance with a product recall notice.
• Assisting company in defending prosecution brought by ASIC relating to financial reporting non-compliance.
• Advising on whistleblower protections, procedures and investigations.