Australian Dispute Capabilities

• Medical supplies company – Acted in a dispute over debts owed to it relating to the supply of personal protective equipment (PPE) from China to the government of Western Australia in connection with COVID-19.
  
• Government entity – Acting in a payment dispute with environmental contractors where contamination was identified at the site following the assessment and performance of remediation works supervised by the contractors. Our client had a claim for damages flowing from the delays in the sale of the land caused by the need to carry out further remediation works.
  
• Listed company – Acting in an action against an ex-employee in the Supreme Court for an account of profits of a business set up by the ex-employee while in our client’s employment and for the return of confidential information.
  
• Engineering technology firm – Advising on a contractual debt dispute arising out of the supply of equipment for a phosphate plant remediation project in Saudi Arabia.
  
• Earthmoving and equipment hire contractor – Advising on a significant dispute with a joint venture (JV) partner over funds held by the JV, complicated by the unauthorised withdrawal of funds from the JV bank account by the other party and the subsequent freezing of the joint bank account. Separately to the dispute over these funds, our client had claims against its JV partner for services it had provided that were the subject of a statutory demand and then winding up proceedings. Several sets of proceedings were commenced, including Supreme Court proceedings seeking a declaration as to the entitlement of the funds held in the bank account and, separately, winding up proceedings.
  
• International drilling and exploration company – Acting in proceedings relating to the purchase of an Australian drilling company involving significant disputes over accounting principles and complex earn-out calculations.
  

• Private company – Acting in ongoing litigation before the Federal Court of Australia against a former officer of the company in relation to a complex dispute involving the alleged sale of shares. There have been numerous interlocutory applications, including two summary judgment applications, one of which was heard by the full Federal Court.
• Bentley Capital Ltd – Acting for this major shareholder of Keybridge Capital Limited in expedited proceedings in the Federal Court of Australia in relation to a “bet the business” litigious matter concerning the validity of competing board resolutions of the board of Keybridge Capital Ltd and of the appointment of Keybridge’s chairman, in the context of two competing takeover bids and proceedings in the Australian Takeovers Panel in relation to Keybridge’s affairs at this time.
• Unlisted public company – Advising in relation to the recovery of unpaid share capital. The holder of the shares entered external administration and we are providing strategic advice in relation to the recovery of the unpaid shares under the terms of the client company's constituent documents and the Corporations Act 2001 (Cth).
  
• Major shareholder of a listed company – Representing in relation to attempts to remove the existing board, allegations made by the management in relation to this, and steps taken to recover amounts due to be paid to the shareholder by the company.
  
• Construction group subsidiaries – Acting in relation to a number of proceedings (held before the Federal Court of Australia, and the Victorian and Western Australian Supreme Courts) in relation to legacy issues arising from the management of the companies by former directors and arising due to the corporate restructure.
  
• Managed investment scheme – Acting for a responsible entity and its directors in 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.
  
• Private individual – Advising in relation to proceedings against a startup company of which the individual was co-founder, former CEO and shareholder, involving oppression claims pursuant to the Corporations Act 2001 (Cth), breach of the shareholder agreement, and claims for entitlement to patents and a registered design, when the company cancelled the individual’s shares and terminated his engagement just prior to commercialising a developed device.
  

• Australian Energy Market Operator (AEMO) – Acting in successfully defending proceedings brought by an independent power producer for declaratory and injunctive relief in relation to the treatment of a long-term outage under the Wholesale Electricity Market Rules. The Supreme Court of Western Australia agreed with our client’s construction of the relevant market rules and required payment of the refunds.
  
• Contractors – Acting in Supreme Court of Western Australia proceedings involving claims for remuneration and a counterclaim for liquidated damages arising from the South West Cogeneration power station project.
  
• Electricity utility – Acting in a dispute with a contractor which had supplied the distributed control system (DCS) used by the power station. The contractor designed and installed the DCS but had limited the utility’s ability to make what were considered to be operational changes to the way the DCS was running the power station.
  
• Essential Services Commission of South Australia (ESCOSA) – Advising on legal issues related to its assessment of Envestra’s proposed revised access arrangement for the South Australian Gas Distribution System, including acting for ESCOSA in an application for review before the District Court of South Australia and a judicial review application before the Supreme Court of South Australia.
  
• Electricity retailer – Advising on its dispute with a power generator in relation to the interpretation of a clause in a long-term power purchase agreement, including its successful appeal to the WA Supreme Court of Appeal.
  
• TransAlta subsidiary TEC Pipe Pty Ltd – Acting in Supreme Court proceedings against iron ore miner FMG in relation to the operation and transfer of a gas fired power station.
  
• Independent power producer – Acting in a dispute arising out of the termination of a power purchase agreement following the construction of power station for an iron ore operation in the Pilbara, Western Australia.
  

• Australian Energy Market Operator (AEMO) – Acting in successfully defending proceedings brought by an independent power producer for declaratory and injunctive relief in relation to the treatment of a long-term outage under the Wholesale Electricity Market Rules. The Supreme Court of Western Australia agreed with our client’s construction of the relevant market rules and required payment of the refunds.
  
• Gold mining company – Acting in a dispute with the vendor of a gold mine, which was a multinational mining company it had acquired. 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 landowners arising from the environmental issues.
  
• Wright Prospecting – Acting in its objection to Cazaly Iron’s application for an exploration licence over the Rhodes Ridge Iron ore tenements, including proceedings in the Warden’s Court and Supreme Court judicial review action.
  
• Listed Canadian mining company – Acting in appellate proceedings relating to various assessments of stamp duty payable on the purchase of mining tenements in Western Australia and the Northern Territory.
  
• Mine operator – Acting in Supreme Court of Queensland proceedings about the price to be paid for the extended term under a contract mining agreement.
  
• Mining and exploration companies – Acting 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.
  
• Multinational gold mining company – Acting in a dispute arising from a farm-in agreement where there were questions surrounding the meeting of exploration targets and rights of acquisition under the relevant agreement.
  
• Oil and gas company – Representing in relation to disputes under a sale and purchase agreement whereby additional payments, which were due pursuant to reserves reports, had not been paid.
  
• Offshore oil and gas dispute – Advising on an oil and gas dispute with claims in excess of US$180 million before the Supreme Court of Western Australia involving a contractual dispute relating to consequential loss between two global offshore operators.
  
• Contractor – Acting in claims heard before the Supreme Court of WA relating to earthworks, site preparation and temporary facilities civil works forming part of Phase V of the North West Shelf LNG project.
  

• Mining company – Providing urgent advice on the rejection of a threatened claim and vessel arrest as well as advising on cargo damage claims, insurance position and claims under bills of lading and charter.
  
• Grain producer – Acting in relation to claims under bills of lading and related charterparty and sale contract for a cargo of wheat carried on board a vessel from Australia. Claims for unpaid freight and for defaults by the intended receiver of the cargo under the sale contract and charterparty. We advised the client on its legal position under multiple interrelated contracts and ultimately successfully resolved the dispute in a compressed timeframe at minimal cost exposure to the client.
  
• Commodities company – Advising, in real time, on an unfolding nonperformance/demurrage issue with a vessel threatening to sail without loading due to a missed cancelling date and an extended delay at the nominated loading port, and advising on a charter force majeure and demurrage claim involving complex facts and customary quick despatch (CQD) terms.
  
• Marine insurer – Advising on the defence of a complex ship design dispute where the claimants sought indemnity for alleged delay, and design errors.
  
• Maritime service provider – Advising on a tripartite dispute arising out of an alleged force majeure event involving a ship delivery issue.
  
• Vessel owner – Advising on a redelivery dispute with a marine services provider, and a major energy explorer and producer.
  
• Major Australian miner – Representing in an urgent interpleader action to secure a release of bills of lading and allow freight to be paid into court pending assessment of purported liens and attempts to intercept freight.
  
   

• Forrestfield Airport Link project – Advising on Supreme Court of WA judicial review proceedings in relation to disputes arising out of the construction of this AU$2 billion public transport project. 
  
• John Holland Pty Ltd – Acting for over six years in relation to the long-running and complex Alice Springs Hospital litigation. This litigation required defending John Holland from allegation of some 4,000 individual alleged defects in the design.
  
• Major Australian construction contractor – Acting in the largest reported successful injunction preventing a call on a contractor’s security in the New South Wales Supreme Court and a subsequent defence of that injunction in the Court of Appeal.
  
• International engineering consultancy – Advising in relation to a dispute regarding the design and construction of iron ore processing facilities at the Hope Downs 4 mine and Marandoo Mine Phase 2 iron ore projects in the Pilbara. The case lasted three years, and the legal and factual aspects of the litigation (two actions in the Supreme Court of Western Australia) were complex.
  
• Government of the Northern Territory – Appearing and advising in the Northern Territory Supreme Court proceeding involving significant claims made by developers for the alleged termination of the development agreement for the proposed Bayview Stage 2 development.
  
• Body corporate and residential and commercial unit holders – Acting in successfully pursuing the developer and designer of a residential and commercial complex for negligence and breach of the (then) Trade Practices Act, which resulted in a landmark judgment in the development of the duty of care of builders.
  
• Contractor – Acting in relation to a WA Supreme Court injunction to restrain the call on bank guarantees arising out of the Central Law Courts Refurbishment Project.
  
• Developer – Acting on a prosecution by the relevant local government in relation to the construction of over 100 homes without building licences on a large parcel of land south of Perth.
  
• Statutory redevelopment authority – Acting in court proceedings with a local government relating to issues surrounding the proposed development of over four hectares of prime land in Subiaco.
  
• EPCM contractor – Advising in relation to a claim for additional remuneration relating to the Bulong Nickel project, and advising on an AU$120 million claim in the Supreme Court of WA by the project owner.
  
• John Holland Pty Ltd – Acting in a AU$14 million dispute with its main electrical subcontractor on the Perth-to-Mandurah railway project, 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.
• Mining contractor – Acting in relation to a dispute arising out of the construction of accommodation for mine workers near Newman. This matter involved two actions under the Construction Contracts Act 2004 and proceedings in the Supreme Court of Western Australia.

• Chemicals manufacturer – Acting in:
• Defending a prosecution by the Department of Water and Environment Regulation (WA) DWER of 15 charges of unreasonable emission (odour) from its premises during a period when it was undertaking DWER mandated investigations and process trials
• An appeal and judicial review proceedings against a proposed amended operating licence issued by the DWER for its operating premises
• Employer – Acting for an employer whose employee had been charged for a pollution-related offence under the Environmental Protection Act 1986 (WA) in providing advice and assistance on possible defences to the charge and impact of the charges on the employer.
• Regional port authority – Acting as counsel in the defence of the prosecution for causing pollution during the loading of lead carbonate, including appearing at all court hearings, including the sentencing hearings.
  
• Manufacturer – Successfully defending in the Magistrates Court of WA against charges laid in respect of dust under the Environmental Protection Act, and acting in subsequent civil proceedings to recover losses from the contractor involved.
  
• Woolworths – Acting in relation to proceedings arising from the objection of the approval of a liquor licence for the first Dan Murphy's store in Darwin.
  
• ACCC – Acting in numerous enforcement proceedings, including proceedings in the Federal Court of Australia for civil penalties (for resale price maintenance) and other relief (for misleading conduct, unconscionable conduct, pyramid selling and breaches of the Franchising Code of Conduct), including proceedings that were settled by way of section 87B undertakings.*
  
• ASIC – Acting in substantial and ultimately successful Supreme Court of Queensland proceedings alleging dishonest misuse of over AU$120 million from a managed investment scheme. After a 15-week trial, ASIC proved every contravention it pressed and significant penalties were awarded. ASIC was successful on appeal to the Court of Appeal and the High Court.*
  
• Northern territory export business – Advising on proceedings before the Federal Court of Australia appealing the cancellation of an operating licence by the Northern Territory government.
  
• Leading senior counsel – Acting in successfully defending disciplinary proceedings brought by the local law society.
  
• ACCC prosecutions – Acting for a number of companies, and a director of the companies, that were prosecuted by the ACCC concerning allegations of cartel conduct.
  
• Third-party advisers to forex and financial services firm Berndale Capital Securities – Acting as counsel regarding external administration in Australia and criminal investigations by ASIC. Work has included advising in relation to court-appointed external administrators, their investigations, compulsive examinations and court proceedings, and criminal prosecution by the Commonwealth Director of Public Prosecutions.
  
• Various companies – Acting in relation to prosecutions commenced by ASIC and the ATO in relation to alleged noncompliances with governance, financial and tax obligations.
  
• Australian subsidiary of a US Fortune 500 engineering and construction company – Acting in Australia’s second corporate prosecution for foreign bribery (at first instance, in the New South Wales Court of Criminal Appeal and in the High Court of Australia).
  
• Director – Acting for a director of a listed entity in a prosecution over alleged failure to file financial returns.
  

* Experience gained prior to joining the firm

• Kingdom of Spain – Acting in Federal Court of Australia proceedings about the recognition and enforcement of International Centre for Settlement of Investment Disputes (ICSID) arbitral awards. The proceedings raise novel and difficult issues about the interaction between foreign state immunity and the recognition of investor-state arbitration awards, as well as the interaction between the ICSID rules and the Federal Court’s processes.
  
• Resources company – Representing with respect to a shareholders’ dispute centred around an oil asset in the Gulf of Thailand where the proceedings were commenced in the British Virgin Islands and involved parties in Australia, BVI, USA and Thailand.
  
• Mining company and its chairperson – Acting in pre-action discovery proceedings in the Supreme Court of Western Australia, in relation to a dispute over mining tenements in the Republic of Congo.
  
• Fortress Credit Corporation – Advising and representing in respect of its exposures to a major Australian financial services entity’s external administration and in consequent multijurisdictional litigation on antecedent transactions.

• International Resort Operator – Acting in Australian Court proceedings applying for registration of judgment obtained in Singapore, and subsequently in an appeal to uphold that registration.

• Investor – Acting for an investor into an Australian company in Australian Court proceedings connected with a receivership sale and subsequent purchase of mining assets. The proceedings interconnected with a broader dispute with a co-investor the subject of actions in the United States District Court for the District of New Jersey and a New York arbitration, and required consideration of abuse of process and jurisdiction issues.

  
  
   

• Retail tenant – Acting in a leasing dispute with the property owners. Proceedings have been commenced in the NSW Supreme Court seeking declarations in relation to the valid exercise of an option to renew the lease. Interlocutory injunctive relief is also being sought to preserve the status quo until final hearing.
  
• Property developer – Provided advice on a dispute with partners regarding an agreement to procure project land and then develop that land in major town in south-west of Western Australia with value of AU$17 million.
  
• Property developer – Provided advice to a large property developer on issues relating to the collapse of the provider of deposit bonds for a number of purchasers in a development and the developer's rights under the sale contract to demand replacement deposits. 
  
• Global investment and advisory firm (as secured creditor) – Provided advice on issues arising from a property developer entering receivership and associated disputes with the builder of the relevant property.
  
• Developer – Acting on a prosecution by the relevant local government in relation to the construction of over 100 homes without building licenses on a large parcel of land south of Perth.
  
• Listed company – Representing in several sets of proceedings relating to a long running dispute regarding the validity of a lease over the company's principal offices in West Perth.
  
• Listed company – Representing in responding to a claim for loss and damage that it had breached an offer to lease of a significant tenancy in the Perth CBD and provided advice on whether a binding lease agreement existed.
  
• Residential property vendor – Advising the vendor of a residential property with a value of AU$2.3 million in relation to a dispute with a purchaser over stamp duty (taxation) and the requirements to obtain government approval for the purchase by a temporary resident of Australia.
  
• Statutory redevelopment authority – Acting in court proceedings with a local government relating to issues surrounding the proposed development of over four hectares of prime land in Subiaco.
  
• Automotive vendor (as tenant) – Advising on a purported termination of lease including with respect to the validity of the notices and options for relief against forfeiture. 
  
• Retail and commercial lessor – Advising in relation to end of lease disputes, including issues connected with responsibility for rehabilitation of property under the Contaminated Sites Act.
  
• Hotel operator – Advising and representing in relation of a dispute and arbitrations regarding two long term hotel management agreements involving allegations of misleading or deceptive conduct, estoppel and breach of contract.
• Landowner – Defending its title to newly acquired land from claims to adverse possession and easement of prescription from an adjoining landowner.
  
• Property vendor – Advising in relation to a claim by the purchaser for breach of contract and misleading and deceptive conduct resulting from an incorrect strata plan. Advising the seller in an indemnity action against the surveyor for negligence in preparation of the strata plan.
  
• Automotive sector client – Advising in relation to a dispute regarding interpretation of rent review clauses including the dispute notices and process. 
  
• Tenant – Advising in relation to a dispute regarding a tenant’s right to issue a Refurbishment Notice.
  
• Statutory body – Advising and representing in relation to obtaining necessary WA Supreme Court approvals for a proposed transaction involving the sale and purchase of land.
  
• CBD retail precinct – Advising:
  
• In relation to tenants in liquidation, including ability terminate lease, to issue default notice and the right to re-take possession of premises, and dealing with the liquidator regarding fitout and other assets on the premises.
  
• In relation to a lease dispute including allegations of misleading or deceptive conduct in respect of pre-lease statements about the precinct.
  
• Luxury property developer – Advising in relation to the successful resolution of a long-running dispute in relation to five retail tenancies at a Perth direct factory outlet shopping centre.
  
• Major property developer – Acted in a dispute over an alleged contract for the sale of a significant parcel of land in Perth’s northern suburbs.
  
• Body corporate and residential and commercial unit holders – Acting in successfully pursuing the developer and designer of a residential and commercial complex for negligence and breach of the (then) Trade Practices Act, resulting in a landmark judgment in the development of the duty of care of builders.
  
• Subsidiary of a large WA property landholding concern – Acting in respect of claims made by a vendor to a contingent balloon payment arising from the sale and purchase of land.
  

• Private company – Advising on alleged price fixing complaint, preparation of internal investigation report and implementation of compliance programme.
  
• Port Authority – Advising on management of fraud investigation including obtaining independent financial report and advising on confidentiality and privilege issues.
  
• Multinational company - Conducting an internal investigation and providing a report relating to allegations of corruption against senior management which arose from a whistleblower complaint
  
• Multinational clients – Advising on the application to their business operations of trade sanctions imposed by the Australian government on foreign governments and government-linked organisations and individuals.  
  
• Private company – Investigating the conduct of a former director and employee in the 12 months prior to resignation and acting in proceedings relating to breach of fiduciary and directors’ duties, disclosure of confidential information, and breach of contractual restraints.
  
• Various companies – Acting in relation to prosecutions commenced by ASIC and the ATO in relation to alleged non-compliances with governance, financial and tax obligations
• Defendant – Acting in proceedings brought by the Australian Securities and Investment Commission in relation to alleged breaches of directors’ duties under the Corporations Act 2001 (Cth).*
  
• Mining and resources companies – Acting in two separate internal investigations into alleged foreign bribery offending.*
  
• Defendant – Acting in a high-profile prosecution brought by the Commonwealth Director of Public Prosecutions in relation to charges of alleged insider trading.*
  
• Various clients – Providing advice and delivering presentations regarding compliance with the US Foreign Corrupt Practices Act, the Bribery Act (UK), and the Australian Criminal Code (Cth).*
  
• Australian client with operations in the Democratic Republic of Congo – Advising on its anti-bribery and anti-corruption obligations.*

* Experience gained prior to joining the firm