RECENT AND NOTABLE CASES
Royal Commissions & Public Inquiries — Anti-Corruption — Climate Change & ESG — Commercial Disputes —
Commercial Transactions & Projects — Corporations, Funds Management and Managed Investments Schemes —
Industrial & Employment — Insolvency — Insurance Regulation & Claims — Public Law —
Regulatory Investigations & Enforcement — Superannuation & Pension Trustees
ROYAL COMMISSIONS
& PUBLIC INQUIRIES
Royal Commission into the Robodebt Scheme (2022-2023)
Acted for the Commonwealth of Australia (briefed by the AGS)
Royal Commission into National Natural Disaster Arrangements (2020)
Senior Counsel Assisting
Royal Commission into Aged Care Quality and Safety (2018-2020)
Acted for AMP Capital, Anglican Care, & Aegis Aged Care Group (briefed by Hall & Wilcox)
Acted for Catholic HealthCare (briefed by Moray & Agnew)
Acted for RSL LifeCare (briefed by Clayton Utz)
Acted for Garden View Aged Care (briefed by Sparke Helmore)
Royal Commission into Misconduct in Banking, Superannuation & Financial Services Industry (2018)
Acted for Commonwealth Bank of Australia & Aussie Home Loans (briefed by Clayton Utz)
Acted for Energy Industries Superannuation Scheme trustee (briefed by Hall & Wilcox)
NSW Public Inquiry into Charitable Fundraising (aka the RSL Inquiry) (2017-2018)
Acted for RSL LifeCare (briefed by Clayton Utz)
Special Commission of Inquiry into the Medical Research & Compensation Foundation (aka the James Hardie Inquiry) (2004)
Counsel Assisting
ANTI-CORRUPTION
Independent Commission Against Corruption Operation Landan (School Infrastructure) (2025)
Acting for NSW Department of Education (briefed by Norton Rose Fulbright)
National Anti-Corruption Commission (2023)
Acted for Commonwealth in context of referrals by Royal Commission into the Robodebt Scheme
Independent Commission Against Corruption Operation Ember (Transport for NSW) (2019)
Acted for Transport for NSW (Roads & Maritime Services) (briefed by Norton Rose Fulbright)
Independent Commission Against Corruption Operation Credo (Australian Water Holdings) (2014-2017) and Operation Spicer (NSW public officials and Members of Parliament) (2014-2016)
Acted for the Hon. Senator Arthur Sinodinos (briefed by Arnold Bloch Leibler)
Independent Commission Against Corruption Operation Tunic (NSW Mine Subsidence Board) (2015-2016)
Acted for the NSW Mine Subsidence Board (briefed by Kilmurray Lawyers, Newcastle)
CLIMATE CHANGE
& ESG
Licensed superannuation trustees (various)
Climate change financial risk considerations in investment portfolios
‘Greenwashing’ allegations in context of marketing material and investor information
Proxy voting strategies for listed company investments
ESG and governance policies
Member information requests
COMMERCIAL
DISPUTES
Westpac Banking Corporation v Jammal & Ors (Supreme Court of NSW) (settled July 2024)
Advised Westpac. Dispute re equitable mortgages, laches, & subrogation (briefed by HWL Ebsworth)
Nature’s Care Holdings v Chen [2024] NSWSC 14 (Rees J)
Acted for vitamin manufacturer. Injunction obtained (briefed by Clifford Chance)
Expert determination - licensed superannuation Trustee and fund Administrator (2021-2022)
Acted as Expert Determiner. Fund administration contract dispute.
Hunter & Central Coast Development Corporation ats Doma Group (2020- 2021)
Acted for Hunter & Central Coast Development Corporation & NSW Department of Planning, Industry & Environment. Site remediation Expert Determination (briefed by Hall & Wilcox)
Roads & Maritime Services (Transport for NSW) v AZH Consulting (NSWSC No. 2019/00162659)
Acted for RMS/Transport for NSW. Recovery actions arising from alleged procurement fraud, freezing orders obtained (briefed by Norton Rose Fulbright)
COMMERCIAL TRANSACTIONS
& PROJECTS
Aware Super (2025)
Opinion for trustee of Aware Super (briefed by K&L Gates)
Team Super (2025)
Opinion for trustee of Team Super (briefed by Mills Oakley)
Apple (2024)
Opinion for Apple (briefed by Herbert Smith Freehills)
HUB24 (2024)
Opinion re Investor Directed Portfolio Service (briefed by Herbert Smith Freehills)
Merger of Alcoa Super to Australian Retirement Trust (2024)
Opinion for Alcoa Super trustee (briefed by Hall & Wilcox)
Perpetual (2023)
Advised Perpetual’s traditional trustee business (briefed direct)
Acquisition of Bendigo & Adelaide Bank superannuation business by Betashares (2023)
Advised Betashares Group (briefed by King & Wood Mallesons)
Merger of Australian Ethical Super with Christian Super (2022)
Advised Australian Ethical Super trustee (briefed by Norton Rose Fulbright)
Merger between QSuper and Sunsuper, to create Australian Retirement Trust (2021)
Opinions for QSuper Board (briefed by King & Wood Mallesons) and Sunsuper (briefed by Allens) on Australia’s largest ever fund merger, covering 2m members and over $200bn in retirement savings
Merger between Club Plus Super and Australian Super (2021)
Opinion for Club Plus Super (briefed by King & Wood Mallesons)
IOOF Holdings Ltd (2020)
Opinion re remediation provisioning following acquisition of business (briefed by Gilbert & Tobin)
CORPORATIONS,
FUNDS MANAGEMENT
& MANAGED
INVESTMENT SCHEMES
Australian Institute of Company Directors & Governance Institute of Australia (2019, 2025)
Joint Opinion with Douglas Gration (Victorian Bar) on Law & Practice of Minutes of Directors Meetings
Raptis Properties P/L v One Managed Investment Funds Ltd atf the CPF Diversified Fund (Supreme Court of South Australia CIV-23-002352) (ongoing)
Acting for cross respondent investment manager Capital Property Funds Ltd & director (briefed by Corrs Chambers Westgarth)
Re abrdn Australia Ltd & abrdn Asia PLC (Supreme Court of NSW, Rees J, 20 June 2023)
Acted for Aberdeen Group successfully obtained Court’s consent to retirement of responsible entities from Australian funds management business (briefed by Minter Ellison)
Horse racing syndicates (2023)
Acted for responsible entity providing management and compliance services to the thoroughbred horse racing and breeding (stallion) industry in context of ASIC hearing (briefed by Hall & Wilcox)
Knightshall Pty Ltd & Ors v Parity Partners Pty Ltd (Supreme Court of Queensland No 1968/22)
Acted for unit holder plaintiffs in Consumer Staples Industrial Fund No 1 (briefed by Davey & Associates)
INDUSTRIAL
& EMPLOYMENT
Cricket Australia/Australian Cricket Players Inc MOU Players Grievance Panel (2025)
Panel Member. First ever complaint under agreed disputes process.
Fiona Brown v Commonwealth of Australia (NSD327/2025) (ongoing Perram J)
Acting for former Director of Operations, Prime Minister’s Office. Fair Work Act general protections claim and associated claims (briefed by Russell Kennedy)
Australian Federal Police (since 2023)
Acting for the AFP (briefed by Maddocks)
Registered Organisations Commissioner v Communications, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union [2020] FCA 96 (Flick J)
Acted for Commissioner. Successful prosecution of registered organisation, civil penalties ordered (briefed by Lander & Rodgers)
INSOLVENCY
In re DSHE Holdings [2021] NSWSC 608 (Williams J)
Acted for administrators (McGrath Nicol). Successful application for termination of deed of company arrangement and application for remuneration approval (briefed by Norton Rose Fulbright)
The Ralan Group liquidation (2021) (settled)
Acted for liquidators (Grant Thornton). Unfair preferences claims against National Australia Bank (briefed by Norton Rose Fulbright)
In re Ovato Print Group [2020] NSWSC 1683 and [2020] NSWSC 1882 (Black J)
Acted for the Commonwealth (Attorney-General’s Department FEG Scheme). Scheme of arrangement (briefed by Norton Rose Fulbright)
In re MF Global Australia Ltd (in liq) [2012] NSWSC 994; In re MF Global Australia Ltd (in liq) (No 2) [2012] NSWSC 1426; (2012) 267 FLR 27 (Black J)
Acted for Contracts for Difference Client Group. Winding up of financial services business (briefed by Arnold Bloch Leibler)
INSURANCE REGULATION
& CLAIMS
Council of Australian Life Insurers (2024-2025)
Opinion on issues arising under the Insurance Contracts Act 1986 (Cth) and Life Insurance Act 1995 (Cth) (briefed by Herbert Smith Freehills)
Law Society of South Australia/Law Guard Management (since 2019)
Acting for Society/Manager of Professional Indemnity Scheme re various issues (briefed direct)
LawCover professional negligence claims (since 2018)
Appointed Mediator in numerous matters
Noble Oak Life (2025)
Opinion in context of friendly societies regulation (briefed by King & Wood Mallesons)
Royal Automobile Association of South Australia (2025)
Opinion in context of sale of general insurance business to Allianz (briefed by King & Wood Mallesons)
Barich v Zurich Australia & RI Advice Group (NSWSC 2022/265912) (settled at mediation 2025)
Acted for Zurich Australia (briefed by Turks Legal)
Chubb Insurance (2021)
Opinion for Chubb on policy coverage (briefed by Colin Biggers & Paisley)
PUBLIC LAW
Federal Courts (2024-2025)
Advising the Federal Court of Australia and the Federal Circuit & Family Court of Australia
Khalafallah v Director, Professional Services Review AgencY & Anor (Federal Court NSD44/2025) (Downes J - consent final orders 12 June 2025)
Acting for medical specialist. Judicial review application of decisions re Medicare billing and professional services. Two decisions successfully quashed. Remaining decisions await Full Court determination and possible further hearing (briefed by Hall & Wilcox)
Commonwealth (Federal Circuit and Family Court of Australia) v Comcare (Federal Court QUD33/2024) (Raper J - consent final orders 27 June 2024)
Acted for the Federal Circuit & Family Court of Australia. Judicial review application concerning Comcare decision under the Freedom of Information Act. Access decision successfully quashed (briefed by K&L Gates)
Muffet v Qantas Superannuation [2024] FCA 39 (Yates J)
Acted for Qantas Super trustee. Successful defence of appeal by Australian & International Pilots Association from Australian Financial Complaints Authority decision (briefed by King & Wood Mallesons)
Lehrmann v Network Ten (Trial Judgment) [2024] FCA 369 (Lee J) and Reynolds v Higgins & Sharaz (Supreme Court Western Australia CIV1840/2023) (Tottle J) (reserved)
Acted for Fiona Brown, former Director of Operations, Prime Minister’s Office and former Chief of Staff to Senator Reynolds. Public interest immunity and witness trauma (briefed by Russell Kennedy)
H.E.S.T. Australia v Attorney-General (Qld) & Attorney-General (Victoria); Mercy Super v Attorney-General (Qld) & Anor [2022] QSC 221; (2022) 12 QR 144 (Kelly J)
Acted for Mercy Super trustee. Successful action against the Attorneys-General of Queensland and Victoria for declaratory relief authorising fund merger in context of potential statutory corrupt benefits prohibition under the local criminal laws (briefed by Ashurst)
Sweeney v Australian Financial Complaints Authority & NULIS Nominees (Australia) [2022] FCA 1525 (O’Callaghan J)
Acted for MLC Super trustee. Successful defence of appeal from decision of Australian Financial Complaints Authority (briefed by Minter Ellison)
REGULATORY
INVESTIGATIONS
& ENFORCEMENT
Australian Securities and Investments Commission
ASIC v RM Capital & The SMSF Club (Federal Court NSD906/2019, Jackson J, penalty reserved)
Acted for The SMSF Club. Conflicted remuneration allegations (briefed by Hall & Wilcox)
ASIC v Australian Financial Services Licensee (2023)
Acted for responsible entity of registered managed investment scheme. License cancellation hearing (‘no further action’ confirmation obtained) (briefed by Hall & Wilcox)
ASIC v Westpac (Omnibus) [2022] FCA 515; (2022) 407 ALR 1; (2022) 159 ACSR 381
Acted for ASIC. Successfully obtained civil penalties & compliance plan orders (briefed by AGS)
ASIC investigations into Australian Financial Services Licensee (2021, 2022)
Acted for licensed superannuation trustee. Resolved ASIC investigation into investment choice campaign (no enforcement action taken) and further ASIC investigation into advertising and disclosure notices (no enforcement action taken) (briefed by Dentons)
REST Super (2021)
Acted for REST Super’s in-house lawyers. ASIC compulsory examinations (briefed by Minter Ellison)
James Hardie Civil Penalty Proceedings - acted for ASIC (briefed by Clayton Utz)
ASIC v Macdonald (No 11) [2009] NSWSC 287; (2009) 230 FLR 1; (2009) 71 ACSR 368; ASIC v Macdonald (No 12) [2009] NSWSC 714; 73 ACSR 638; James Hardie Industries NV v ASIC [2009] NSWCA 18
Australian Prudential Regulation Authority
APRA investigation into FirstSuper co-chair (2023-2024)
Acted for First Super trustee (no enforcement action taken against trustee) (briefed by Ashurst)
APRA investigation into Registered Superannuation Entity Licensee (2022)
Acted for licensed superannuation trustee. Compliance with APRA Prudential Standard CPS 520 Fit and Proper. Compulsory examinations of CEO (briefed by Ashurst)
APRA investigation into Registered Superannuation Entity Licensee (2021-2022)
Acted for licensed superannuation trustee. Compliance with APRA Prudential Standard CPS 520 Fit and Proper. Additional license conditions imposed (briefed by Dentons)
X & Y v APRA [2007] HCA 4; (2007) 226 CLR 630 on appeal from Applicant Y v APRA [2006] FCAFC 37; Applicant X v APRA [2005] FCA 1288; later Graeber and Anor and APRA [2007] AATA 1966; (2007) 46 AAR 115
For Appellants. Resisted proposed disqualification of senior insurance managers of foreign insurer (briefed by Minter Ellison)
Australian Charities & Not-for-Profits Commission
Re Hillsong Church (2023-2024)
Acted for Charities Commission. Court enforceable undertaking (briefed by AGS)
Re RSL LifeCare (2017-2018)
Acted for RSL LifeCare. Court enforceable undertaking (briefed by Clayton Utz)
Other regulators
Australian Health Practitioner Regulation Agency investigation (2025)
Acting for medical specialist under investigation (briefed by Hall & Wilcox)
A.C.T. Gambling & Racing Commission investigation of Hellenic Club of Canberra (2022-2025)
Acting for Gambling Commission. Notice of Disciplinary Action issued December 2024; now in A.C.T. Civil and Administrative Tribunal proceedings and proposed Supreme Court proceedings (briefed by the A.C.T. Government Solicitor)
Aged Care Quality & Complaints Commission investigation and audit (2018)
Advised Garden View Aged Care (briefed by Sparke Helmore and Hall & Wilcox)
Ombudsman's Inquiry into Water Compliance & Enforcement (2017-2018)
Acted for WaterNSW (briefed by Norton Rose Fulbright)
Chartered Accountants Australia New Zealand (2021-2025)
Disciplinary Tribunal Panel Member. Determined chartered accountant, auditor and liquidator professional discipline matters.
SUPERANNUATION
& PENSION TRUSTEES
Financial Services Council (2024)
Opinion on Treasury Laws Amendment (Delivering Better Financial Outcomes) Bill 2024 (Cth) re deduction of advice fees in superannuation (briefed by Herbert Smith Freehills)
Re AUSCOAL Superannuation P/L atf Mine Superannuation Fund [2024] NSWSC 32 (Robb J)
Acted for Mine Super trustee. Judicial advice application concerning funding of defined benefits scheme in context of pending merger with TWUSUPER (briefed by Mills Oakley)
Muffet v Qantas Superannuation [2024] FCA 39 (Yates J)
Acted for Qantas Super trustee (briefed by King & Wood Mallesons)
Future Super Group (2023)
Acted for Future Super Group. Change of trustee (briefed by Herbert Smith Freehills)
Brighter Super (2022)
Advised Brighter Super trustee (briefed by Jones Day)
H.E.S.T. Australia v Attorney-General for State of Queensland and Anor; Mercy Super Pty Ltd v Attorney-General (Qld) & Anor [2022] QSC 221; (2022) 12 QR 144 (Kelly J)
Acted for Mercy Super trustee (briefed by Ashurst)
Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland v Queensland Master Builders Association & Anor: in re BUSS (Queensland) P/L [2022] FCA 283 (Greenwood J)
Acted for the BUSSQ trustee. Dispute re board vacancies (briefed by Thomson Geer)
Sweeney v AFCA & NULIS Nominees (Australia) Ltd [2022] FCA 1525 (O’Callaghan J)
Acted for MLC Super trustee. Successful defence of appeal (briefed by Minter Ellison)
Re Energy Industries Superannuation Scheme [2022] NSWSC 1202 (Ball J)
Acted for EISS trustee. Judicial advice re trust deed amendment in context of pending regulatory investigations (briefed by Dentons)
Re SCS Super P/L atf Australian Catholic Superannuation Fund [2022] NSWSC 686 (Hallen J)
Acted for Australian Catholic Super trustee. Judicial advice application (briefed by Minter Ellison)
Re NGS Super P/L atf NGS Super [2021] NSWSC 1694 (Henry J)
Acted for Non-Government Schools Super trustee. Judicial advice application (briefed by Minter Ellison)
Re Care Super (No 1) [2021] VSC 805 and Re Care Super (No 2) [2021] VSC 854 (Lyons J)
Acted for trustee. Judicial advice applications re exercise of trustee power to charge remuneration to fund risk reserve; ownership of shares in trustee company; lost trust deed (briefed by Mills Oakley)
Re QSuper Board [2021] QSC 276 (Kelly J)
Acted for Queensland Public Sector Superannuation Scheme trustee. Landmark judicial advice application to amend trust deed authorising introduction of a fee charging power to build a fund to pay for potential Commonwealth fines and penalties (briefed by King & Wood Mallesons)
Martin v Commonwealth Superannuation Corporation (NSWSC 2018/277432) (2020) (settled)
Acted for CSC as trustee for the Public Sector Superannuation Scheme (briefed by Ashurst)