Graeme has 15 years’ experience assisting clients in corporate commercial disputes, regulatory investigations and prosecutions and with strategic and risk management advice.

    He has extensive experience appearing in courts, tribunals, arbitrations, and formal and informal mediations.

    His litigation and dispute resolution experience includes representing clients in disputes over oil fields, mining and exploration agreements, share purchase agreements, gas and power supply agreements, construction contracts, joint ventures, managed investment schemes, directors’ duties, disclosure obligations and oppression actions.

    His litigation practice encompasses a variety of industry sectors. However he has particular experience in corporate governance and shareholder matters, energy and resources, projects, commercial property, intellectual property and technology.

    Graeme also has extensive experience in advising private and public clients on regulatory and administrative law matters including consumer and competition law. He has particular experience in the defence of environmental investigations and prosecutions but has also represented clients in a wide range of other regulatory areas including access regimes, product recalls, ACCC investigations, work place accidents, manufacturer’s liabilities, work place accidents, professional bodies, food safety and dangerous goods.

    His environmental experience includes acting in very substantial investigations and prosecutions including the investigation and defence of the Esperance Port Authority against charges under the Environmental Protection Act 1986 (WA) arising from the transportation of heavy metals through the port.

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    • Advising a property developer on efficacy of funding arrangements in a bid to purchase property in Perth’s central business district with a value of AU$45 million from a bank’s receiver.
    • Acting for a gold mining company which had acquired an existing gold mine in a dispute with the vendor of the mine, a multinational mining company. The mine had significant environmental problems which resulted in the request by the relevant authorities for a AU$45 million environment bond. There were significant disputes with the vendor and ongoing issues with surrounding land owners arising from the environmental issues.
    • Acting on behalf of a BVI-registered company in a shareholders dispute over an oil asset located in the Gulf of Thailand. Proceedings were commenced in the British Virgin Islands and involved parties in Australia, Thailand and the United States.
    • Acting for Midwest Corporation during the takeover by Sinosteel on various issues including advising and assisting on the resolution of a dispute with a third party over its right to submit a proposal to construct the Oakajee Port.
    • Acting for a services company engaged to supply and lay a large offshore pipeline in a dispute with the contractor engaged to lay the pipe. Significant ovalisation had occurred, and the parties were in dispute as to the cause of the problem, the solution and the costs involved.
    • Acting for six members of a seven-member regional council established under the Local Government Act in proceedings with another member of the regional council. The dispute surrounded the system of charges levied by the regional council on members using its rubbish disposal services. If the other party had been successful in the proceedings it would have resulted in the clients paying, in some instances, millions more for rubbish disposal each year.
    • Acting for the owner and operator of a large industrial facility which was the subject of an investigation by the Department of Environment and Conservation following an environmental incident. This included providing advice on their rights during the investigation and providing advice and representation during the interview of employees.
    • Acting for the owner of a shopping centre defending an action by tenants for damages arising from the redevelopment of the centre including delays in these tenants obtaining a liquor licence due to the local authority withholding the certificate of classification.
    • Acting for John Holland in a AU$14 million dispute with its main electrical subcontractor on the Mandurah-to-Perth railway including two actions in the Supreme Court challenging adjudications under the Construction Contracts Act 2004. One of these actions sought that a prerogative writ be issued against the adjudicator.
    • Acting for a responsible entity and its directors defending proceedings commenced by a participant in a managed investment scheme. The participant sought wide-ranging relief alleging that the responsible entity and directors had engaged in numerous breaches of the Trade Practices Act and the Corporations Act.
    • Acting as counsel in the defence of the prosecution of a port authority for causing pollution during the loading of lead carbonate. This was a lead role including appearing at all court hearings including the sentencing hearings on behalf of the port.

    Education

    • The University of Western Australia, B.A., 2004
    • The University of Western Australia, LL.B., 1998

    Admissions

    • Western Australia, 2002
    • Recommended in The Legal 500 Asia Pacific 2019 in dispute resolution, and restructuring and insolvency, Australia
    • Recommended in The Legal 500 Asia Pacific 2018 in dispute resolution, Australia
    • Recommended in The Legal 500 Asia Pacific 2017 in dispute resolution, Australia

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