Rebecca Heath represents clients in a wide range of disputes in various courts, tribunals, arbitrations and mediation. She provides strategic advice on rights and liabilities and the management of risk and potential disputes. Her practice includes general commercial litigation, environmental and other regulatory investigations and prosecutions, assistance with administrative law issues and competition and consumer protection issues.

    Rebecca has acted for clients in a wide variety of industry sectors including mining, energy and resources, real estate and commercial property, financial services, manufacturing, retail, technology, entertainment, construction, infrastructure and government.

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    • Acting in Federal Court proceedings defending an oppression claim brought by a minority shareholder and allegations of estoppel, misleading and deceptive conduct and breach of a shareholders agreement.
    • Acting in the Supreme Court of South Australia for a services company in a dispute regarding a share purchase agreement and related to the calculation of EBITDA and net assets.
    • Acting for a secured creditor in proceedings against a subordinated creditor relating to the terms of an intercreditor deed and enforcement of the security to ensure clear title to assets following a disputed receiver sale, including responding to allegations about the adequacy of the receiver sale process.
    • Acting for a shareholder in Federal Court proceedings seeking orders under s249G and s1319 of the Corporations Act 2001 in order to overcome a director deadlock.
    • Advising an unsecured creditor on strategic options to protect the value of its claims including on issues around duties of the debtor company directors, third-party knowing participation and proactive steps to prevent dissipation.
    • Acting in a SIAC international arbitration regarding oil reserves and various royalty and other payments.
    • Acting for the operator of a retirement village in Supreme Court of Western Australia proceedings for rectification of a memorial and termination of a retirement village scheme.
    • Successfully defending a manufacturer in the Magistrates Court of Western Australia against charges laid under the Environmental Protection Act, and acting in subsequent civil proceedings to recover losses from the contractor involved.
    • Acting for various companies and directors defending prosecutions and other proceedings by ASIC and the ATO relating to financial non-compliances.
    • Advising a regulator on the scope of powers under the applicable legislation.
    • Acting for an electricity generator in various disputes, including relating to construction projects, intellectual property and system upgrades.
    • Acting for a website design company in Federal Court proceedings relating to performance of a website design contract.
    • Acting in various Supreme Court proceedings for contractors seeking to recover, or defending claims for, monies for works performed to construct mining construction camps.
    • Acting for mining and exploration companies in various proceedings in the Supreme Court of Western Australia and Supreme Court of New South Wales in relation to tenement purchase and tenement interest disputes.
    • Acting for a statutory redevelopment authority in the Supreme Court of Western Australia in a dispute regarding a four hectare development.
    • Acting in the Supreme Court of the Northern Territory appealing stamp duty assessments made on an amalgamation of two Canadian companies under Canadian law.
    • Acting in various statutory demand proceedings in the Supreme Court of WA.
    • Advising clients in various industries whether proposed or past agreements and conduct would constitute cartel conduct, exclusive dealing, exclusionary provisions or otherwise infringe the Competition and Consumer Act 2010, such as single price provisions, and assisting with obtaining authorisations where required (see for example Authorisations A91342 & A91343).

    Education

    • The University of Western Australia, B.A., LL.B., 2008
    • Chartered Institute of Arbitrators, Diploma of International Arbitration, 2020

    Courts

    • High Court of Australia
    • Supreme Court of Western Australia

    Memberships and Affiliations

    • Board member, Legal Practice Board of Western Australia (ARC and PD Committees).
    • Fellow, Chartered Institute of Arbitrators.
    • Committee member, Australian Institute of Administrative Law (WA Chapter).
    • Recognised in Best Lawyers in Australia (14th Edition) for Litigation
    • Won the 2012 Legal People Future Star award from Lawyers Weekly Women in Law Awards

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