LEGAL PRACTICE AREAS

COMMERCIAL LAW

  • Re Future Group Australia Holdings Ltd (Queensland Supreme Court No 3997/26) (Kelly J, for hearing 9 September 2026)

    • Ex parte application for Court’s consent to replacing Equity Trustees as trustee of Smart Money Trust.

    • Appearing for group companies (instructed by Herbert Smith Freehills Kramer).

    Re abrdn Australia Ltd & abrdn Asia PLC (Supreme Court of NSW, Rees J, 20 June 2023) [Media] [Media] [Media] [Media]

    • Ex parte application for Court’s consent to replacement of responsible entities of the Australian funds management business.

    • Decision allowed group to focus on its global investment capabilities by outsourcing its trustee and responsible entity duties to MSC Trustees, while also partnering with Apex Group for the administration of its Australian equity funds.

    • Appeared for applicants (part of the Aberdeen Group) (instructed by Minter Ellison).

    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) [Media] [Media]

    • Contested application for declaratory relief concerning statutory corrupt benefits prohibition under local criminal laws.

    • Successful action authorised merger between Mercy Super and HESTA superfunds.

    • Appeared for Mercy Super trustee (instructed 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) [Media]

    • Trustee company shareholder dispute following resignation of directors.

    • Appeared for trustee company of BUSSQ, a regulated industry superfund (instructed by Thomson Geer).

  • Re Application by CareSuper Pty Ltd atf CareSuper Fund (NSWSC No. 2026/330600, Kunc J (on AFCA joinder), Parker J (expedition)

    • Judicial advice application.

    • Australian Financial Complaints Authority granted leave to appear amicus curiae.

    • Appearing for CareSuper trustee (instructed by HWLE).

    Re AUSCOAL Superannuation P/L atf Mine Superannuation Fund. [2024] NSWSC 32 (Robb J) [Media]

    • Judicial advice application re funding of defined benefits scheme in context of pending merger between Mine Super and TWUSUPER.

    • Appeared for Mine Super trustee (instructed by Mills Oakley).

    Re Energy Industries Superannuation Scheme [2022] NSWSC 1202 (Ball J)

    • Judicial advice application re trust deed amendment in context of ongoing regulatory investigations.

    • Appeared for EISS trustee (instructed by Dentons).

    Re SCS Super P/L atf Australian Catholic Superannuation Fund [2022] NSWSC 686 (Hallen J)

    • Judicial advice application re proposal to introduce fee-charging power.

    • Australian Prudential Regulation Authority appeared amicus curiae.

    • Appeared for Australian Catholic Super trustee (instructed by Minter Ellison).

    Re NGS Super P/L atf NGS Super [2021] NSWSC 1694 (Henry J)

    • Judicial advice application re proposal to introduce fee-charging power.

    • Australian Prudential Regulation Authority appeared amicus curiae.

    • Appeared for Non-Government Schools Super trustee (instructed by Minter Ellison).

    Re Care Super (No 1) [2021] VSC 805 and Re Care Super (No 2) [2021] VSC 854 (Lyons J)

    • Judicial advice application re proposed exercise of trustee power to charge remuneration to fund risk reserve; re ownership of shares in trustee company; re lost trust deed.

    • Australian Prudential Regulation Authority appeared amicus curiae.

    • Appeared for trustee (instructed by Mills Oakley).

    Re QSuper Board [2021] QSC 276 (Kelly J)

    • Landmark judicial advice application seeking authorisation to amend trust deed to insert fee charging power to build a fund to pay for potential Commonwealth fines and penalties.

    • Australian Prudential Regulation Authority appeared amicus curiae.

    • Appeared for Queensland Public Sector Superannuation Scheme trustee (instructed by King & Wood Mallesons).

    Re NULIS Nominees (Australia) Ltd (NSW Supreme Court, unrep, 8 August 2020, Foster J)

    • Ex parte judicial advice application re lost trust deed amending terms of Elders IXL trust.

    • Appeared for MLC Super Fund trustee (instructed by Minter Ellison).

  • Australian Taxation Office (2025)

    • Advised ATO on prospects of an appeal (instructed by Norton Rose Fulbright).

    The Ralan Group liquidation

    • Acted for the liquidators (Grant Thornton) of one of Australia’s largest apartment developers(instructed by Norton Rose Fulbright).

    In re DSHE Holdings [2021] NSWSC 608 (Williams J)

    • Successful application for termination of deed of company arrangement and application for remuneration approval.

    • Appeared for the administrators (McGrath Nicol) (instructed by Norton Rose Fulbright).

    In re Ovato Print Group [2020] NSWSC 1683; 150 ACSR 32 and [2020] NSWSC 1882 (Black J) (NRF Note)

    • Creditors’ and members’ schemes of arrangement; public policy issues; Fair Entitlements Scheme.

    • Acted for Commonwealth of Australia (instructed by Norton Rose Fulbright).

  • Raptis Properties v One Managed Investment Funds Ltd atf Diversified Fund (Supreme Court of South Australia no. CIV-23-002352) [Media] [Media] [Media]

    • Claim for specific performance, and in the alternative damages, of sale of commercial property.

    • Defence of cross-claim by responsible entity of diversified property fund against investment manager & executive director.

    • Settled at mediation October 2025, conducted by former SA Supreme Court Justice the Hon. Bruce Lander KC.

    • Acted for Capital Property Funds Ltd & executive director (instructed by Corrs Chambers Westgarth).

    Barich v Zurich Australia & RI Advice Group (NSWSC 2022/265912)

    • Income protection insurance claim and alternative claim for negligent advice.

    • Settled at mediation, 2025.

    • Acted for insurer (instructed by Turks Legal).

    Westpac Banking Corp v Jammal & Ors (Supreme Court of New South Wales no. 2021/00366051)

    • Recovery claim pursuant to equitable mortgage, raising issues of subrogation and laches.

    • Settled at trial, July 2024.

    • Acted for Westpac Banking Corp. (instructed by HWL Ebsworth).

    Nature’s Care Holdings v Chen [2024] NSWSC 14 (Rees J) [Media]

    • Dispute between vitamins manufacturer and former directors and CEO, injunction obtained restraining conduct.

    • Acted for vitamins manufacturer (instructed by Clifford Chance).

    Roads & Maritime Services (Transport for NSW) v AZH Consulting (Supreme Court of New South Wales no. 2019/00162659)

    • Recovery action for alleged public sector contract procurement fraud revealed by ICAC investigation; freezing orders obtained. Recoveries secured & proceedings settled in 2021.

    • Acted for Transport for NSW (instructed by Norton Rose Fulbright).

  • Licensed superannuation trustee and fund administrator (2022)

    • Appointed Expert Determiner by parties.

    • Superannuation fund administration contract dispute

    • Parties represented by Herbert Smith Freehills and Allens Linklaters.

    Hunter & Central Coast Development Corporation ats Doma Group (2020-2021)

    • Expert Determination re contractual liabilities for site remediation.

    • Acted for Hunter & Central Coast Development Corporation & NSW Department of Planning, Industry & Environment (instructed by Hall & Wilcox).

    • Advice on indemnity deed between retail bank and superannuation trustee re remediation scheme.

    • Advice on completion deed between retail bank and acquirer on sale of wealth and superannuation business.

    • Advice on method of accession of new employers to trust deed via deed poll of adherence and mechanism for indemnification of defined benefit liabilities.

REGULATORY LAW

  • Australian Prudential Regulation Authority v O’Connor (VID898/2024) (McElwaine J) [Media] [Media] (heard 2026, reserved)

    • Civil penalty proceedings also seeking disqualification of director of First Super trustee for alleged non-compliance with Superannuation Industry (Supervision) Act 1993 (Cth) s 52A in connection with trade union services contract negotiation.

    • Appeared for the trustee of First Super (instructed by Ashurst).

    Australian Securities and Investments Commission v RM Capital & The SMSF Club (No 2) [2025] FCA 1634 (Jackson J) [Media] [Media] [Media]

    • ASIC’s first case seeking civil penalties for alleged breaches of Corporations Act 2001 (Cth) conflicted remuneration prohibition.

    • Appeared for corporate authorised representative, The SMSF Club (instructed by Hall & Wilcox).

    Australian Securities and Investments Commission v Westpac Banking Corporation (Omnibus) [2022] FCA 515; (2022) 407 ALR 1; (2022) 159 ACSR 381 (Beach J) [Media] [Media] [Media]

    • Advised ASIC in its investigation into Westpac group related matters referred by the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.

    • Appeared for ASIC in subsequent civil penalty proceedings against Westpac and subsidiaries (instructed by the Australian Government Solicitor).

    • Civil penalties for contraventions of the Corporations Act 2001 (Cth) and ASIC Act 2001 (Cth) & compliance plan orders in relation to Westpac’s distribution of insurance products to retail customers.

    Registered Organisations Commissioner v Communications, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union [2020] FCA 96 (Flick J)

    • Successful proceedings against registered trade union, civil penalties ordered.

    • Appeared for Commissioner (instructed by Lander & Rodgers).

  • Australian Institute of Company Directors & Governance Institute of Australia (2025)

    Advice to regulated entities generally

    • Change of control, shareholder nominations, constitutional amendments, voting requirements, members meetings, risk management frameworks, policies and procedures, complaints handling, internal and external audit processes, financial reporting, climate related financial disclosures and reporting, insurance coverage, reserving, regulatory engagement and prudential reviews.

    Advice to Australian Financial Services Licensees

    • Corporations Act 2001(Cth) requirements re Financial Services Disclosures (Pt 7.7), Best Interests Obligation and Remuneration (Pt 7.7A), Design and Distribution Obligations (Pt 7.8A), Financial Product Disclosures (Pt 7.9), Product Intervention Orders (7.9A), Market Misconduct (Pt 7.10), and Australian Financial Complaints Authority (Pt 7.10A)

    • ASIC Act 2001(Cth) obligations including consumer protection provisions in relation to financial services (Pt 2).

    Advice to Banks, Licensed Superannuation Fund Trustees, and Insurers

    • Statutory obligations, Operational Standards, and Prudential Standards‍; APRA Prudential Reviews; Supervision Risk and Intensity model assessments; potential imposition of additional licence conditions and making of directions; applications for approval of changes in control.

    Advice to Investors (including Listed Entities and Licensed Superannuation Trustees)

    • Incorporation of climate change financial risk considerations in investment portfolios, market disclosures, and reporting; proxy voting strategies for listed company investments; fossil fuel investments member information requests; product labelling and promotion including ‘greenwashing’ risks in investor information.

    Advice to aged care service providers

    • Compliance with Aged Care Act 2024 (Cth) and previously Aged Care Act 1997 (Cth); the Code of Conduct, and Aged Care Quality Standards; Aged Care Quality and Safety Commissioner investigations.

    Advice to regulated health practitioners

    Advice to charities and not-for-profit and member associations

    • Constitutional provisions, EGMs & AGMs, internal governance, statutory reporting obligations, executive arrangements

    Advice to directors of regulated entities

    • Director duties and powers, fit and proper policies and processes, conflicts of interest policies and procedures, workplace complaints handling and investigations, D&O insurance coverage, regulatory engagement, compulsory examinations.

  • Australian Securities & Investments Commission Investigations

    • For ASIC re referrals from the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (2020-2022).

    • For retail bank for suspected contravention of s 1017B(1A)(a) of the Corporations Act 2001 (Cth) (non-disclosure of material changes and significant events) (instructed by Minter Ellison).

    • For trustee of industry super fund for suspected contraventions of s 101 of the Superannuation Industry (Supervision) Act 1993 (Cth) (failure to give reasons) (instructed by Minter Ellison).

    • For retail bank re payment of grandfathered commissions to adviser licensees for distribution of trustee’s superannuation and pension products (instructed by Minter Ellison).

    • For retail banking group re suspected breaches of the National Consumer Credit Protection Act 2009 (Cth) (consumer protection) (instructed by Clayton Utz).

    • For retail superannuation trustee for suspected contravention of s 29WA(1) of the Superannuation Industry (Supervision) Act 1993 (Cth) and remediation scheme (election to switch to MySuper product) (instructed by Sparke Helmore).

    Australian Prudential Regulation Authority Investigations

    • For trustee of industry super fund re suspected noncompliance with APRA Prudential Standard CPS 520 Fit and Proper (instructed by Ashurst).

    • For trustee of industry super fund re suspected non compliance with APRA Prudential Standard CPS 520 Fit and Proper (instructed by Dentons).

    • For superannuation fund trustee re correctness of defined benefits scheme calculations of entitlements by reference to ‘superable salary’ (instructed by Hall & Wilcox).

    Australian Competition and Consumer Commission investigations

    • For Husqvarna Australia (instructed by Holman Webb) - investigation into franchise arrangements & likely breaches of Australian Consumer Law -Enforceable Undertaking accepted.

    For aged care and health sectors providers

    • Aged Care Quality and Safety Commissioner investigations.

    • Australian Health Practitioner Regulation Agency (AHPRA) investigations

    For other regulators

    • ACT Gambling & Racing Commission Investigation under the Gaming Machine Act (2022-2024).

    • Registered Organisations Commissioner investigation under the Fair Work (Registered Organisations) Act (2019).

  • Cricket Australia/Australian Cricketers Association Grievance Tribunal (2025)

    • As Tribunal Member

    Chartered Accountants Australia New Zealand Disciplinary Tribunal (2022-2025)

    • As Tribunal Member

    Chartered Accountants Australia New Zealand Professional Conduct Committee (2018-2021)

    • As PCC Member

  • Fiona Brown v Commonwealth of Australia (NSD327/2025) (Perram J) [Media] [Media] [Media] [Media] [Media] [Media] [Media]

    • Fair Work Act 2011 (Cth) general protections, contractual claims.

    • Settled at Court-annexed mediation July 2026; discontinued by consent 14 August 2026.

    • Acted for former Director of Operations to Prime Minister Scott Morrison and former Chief of Staff to Senator Linda Reynolds (instructed by Russell Kennedy).

    Registered Organisations Commissioner v Communications, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union [2020] FCA 96 (Flick J)

    • Appeared for Commissioner (instructed by Lander & Rodgers).

  • Product Disclosure Statement (2025)

    • Acted for friendly society (instructed by Herbert Smith Freehills Kramer).

    State duties on Insurance Contracts (2025)

    • Acted for friendly society (instructed by King & Wood Mallesons).

    Product Disclosure Statement (2025)

    • Acted for insurer (instructed by King & Wood Mallesons).

    Project (2024)

    • Acted for Apple (instructed by Herbert Smith Freehills).

    Sale of general insurance business (2024)

    • Acted for general insurer (instructed by King & Wood Mallesons).

  • Wesley Mission (2026) [Media]

    • Opinion concerning Ministerial Direction to NSW Independent Liquor and Gaming Authority re gambling harm minimisation.

    Financial Services Council (2024)

    • Published opinion on Treasury Laws Amendment (Delivering Better Financial Outcomes) Bill 2024 (Cth) implementing first tranche of recommendations from the Quality of Advice Review. Bill subsequently amended.

    • Advised the peak body representing over 100 member companies in Australia’s retail and wholesale funds management, superannuation, life insurance, and financial advice industries (instructed by Herbert Smith Freehills).

    Council of Australian Life Insurers (2024-2025)

    • Advised the peak body representing the life insurance and reinsurance industry in Australia (instructed by Herbert Smith Freehills).

    Industry super funds (2018)

PUBLIC LAW

  • Royal Commission into Anti-Semitism and Social Cohesion (2026)
    Chaired by former Justice of the High Court of Australia, the Hon. Virginia Bell AC SC.

    • Senior Counsel for Group of 8 Ltd (the University of Melbourne, Australian National University, University of Sydney, UNSW, University of Queensland, University of Western Australia & University of Adelaide) (instructed by Norton Rose Fulbright).

    • Media

    Royal Commission into the Robodebt Scheme‍ ‍(2022-2023)
    Chaired by the former Chief Justice of Queensland, the Hon. Catherine Holmes AC.

    • Senior Counsel for the Commonwealth of Australia.

    • Led team of 9 counsel (instructed by Australian Government Solicitor, supported by Clayton Utz, Minter Ellison & Ashurst).

    • Commission investigated the Commonwealth’s automated welfare debt recovery program which the Federal Court declared unlawful, requiring repayments exceeding $1.8 billion.

    Royal Commission into National Natural Disaster Arrangements (2020)
    Chaired by former Chief of the Defence Force, Air Chief Marshal Mark Binskin AC, assisted by former Federal Court justice, Dr Annabelle Bennett AC SC and environmental law academic Professor Andrew Macintosh.

    • Senior Counsel Assisting.

    • Established in response to the devastating 2019-20 bushfires, the Commission was tasked with examining the national arrangements for dealing with natural disasters and making recommendations for improvement.

    • The Commission heard from over 300 witnesses, & made 80 recommendations covering legislative reform, national coordination, climate risk research, disaster resilience, and community engagement. 

    Royal Commission into Misconduct in Banking, Superannuation & Financial Services Industry. (2018-2019)
    Chaired by former Justice of the High Court of Australia, the Hon. Kenneth Hayne AC KC.

    • Senior Counsel for the Commonwealth Bank of Australia & Aussie Home Loans (instructed by Clayton Utz).

    • Subsequently acted for the Australian Securities and Investments Commission in its investigations into Westpac Banking Corporation referred from the Royal Commission, and appeared in civil penalty proceedings against Westpac (instructed by the Australian Government Solicitor).

    Royal Commission into Aged Care Quality and Safety (2018-2020)
    Chaired by former Federal Court justices the Hon. Richard Tracey AM RFD QC and the Hon. Tony Pagone QC, and former CEO of Medicare, Lynelle Briggs.

    • Senior Counsel for Garden View Aged Care (instructed by Sparke Helmore) in hearings into Use of Physical & Chemical Restraints, as well as associated investigation by the Aged Care Quality and Safety Commission and in re the ABC TV program investigation (instructed by Hall & Wilcox).

    • Also acted for AMP Capital, Anglican Care, & Aegis Aged Care Group (instructed by Hall & Wilcox), Catholic HealthCare (instructed by Moray & Agnew), and RSL LifeCare (instructed by Clayton Utz).

  • Operation Landan (School Infrastructure) (2025) - Public inquiry by NSW Independent Commission Against Corruption chaired by former District Court Judge, the Hon. Paul Lakatos SC.

    • Held over 7 weeks of hearings, the inquiry investigated allegations of serious corrupt conduct by former chief executive, staff and others in the $6.7 billion school infrastructure building and maintenance program.

    • Appeared for NSW Department of Education (incl School Infrastructure) (instructed by Norton Rose Fulbright).

    National Anti-Corruption Commission referrals (2023)

    • Acted for Commonwealth of Australia re Royal Commission into the Robodebt Scheme (instructed by Australian Government Solicitor).

    Operation Ember (Transport for NSW) (2019-2022) - Public inquiry by NSW Independent Commission Against Corruption chaired by Assistant Commissioner Trish McDonald SC.

    • Appeared for Transport for NSW (Roads & Maritime Services) (instructed by Norton Rose Fulbright).

    • Also appeared in related Supreme Court recovery proceedings, including obtaining ex parte freezing orders to secure proceeds from fradulent procurement activities.

    Operation Ricco (City of Botany Bay Council) (2017) - Public inquiry by NSW Independent Commission Against Corruption.

    • Acted for Lorraine Cullinane, Deputy General Manager (submissions only).

    Operation Credo (Australian Water Holdings). (2014-2017) and Operation Spicer (NSW public officials & Members of Parliament). (2014-2016) - Public inquiries by NSW Independent Commission Against Corruption, chaired by former Supreme Court Justice the Hon. Megan Latham.

  • Wesley Mission (2026) [Media]

    • Advice concerning Ministerial Direction to NSW Independent Liquor and Gaming Authority re gambling harm minimisation.

    Advice to Government including:

    • Ministerial/public service accountability

    • Cabinet processes

    • Public Interest Immunity

    • Parliamentary Privilege

    • Model Litigant Obligations

    Commonwealth (Federal Circuit and Family Court of Australia) v Comcare(Federal Court QUD33/2024)

    • Acted for the Federal Circuit & Family Court of Australia (instructed by K&L Gates).

    • Judicial review application concerning Comcare access decision under the Freedom of Information Act 1982 (Cth).

    • Successfully quashed adverse access decision.

    Lehrmann v Network Ten (Trial Judgment) [2024] FCA 369; (2024) 422 ALR 507 (Lee J) and Reynolds v Higgins & Sharaz [2025] WASC 345 (Tottle J)

    • Appeared for Fiona Brown, formerly Director of Operations, Prime Minister’s Office and Chief of Staff to Senator Reynolds (instructed by Russell Kennedy).

    • Public interest immunity and witness availability issues in context of trials of defamation claims.

    Royal Commission into the Robodebt Scheme. (2022-2023)

    • Senior Counsel for the Commonwealth of Australia.

    • Public law issues included ministerial/public service accountability, unlawful exercise of administrative powers, procedural fairness, powers of Commonwealth Ombudsman, mechanisms for administrative review, compliance with model litigant duties, Cabinet processes, and public interest immunity.

  • Muffet v Qantas Superannuation [2024] FCA 39 (Yates J) [Media] [Media]

    • Successful defence of appeal by Australian & International Pilots Association from decision of Australian Financial Complaints Authority affirming trustee’s decision re defined benefits calculations of Qantas’ pilots.

    • Appeared for Qantas Super trustee (instructed by King & Wood Mallesons).

    Sweeney v Australian Financial Complaints Authority & NULIS Nominees (Australia) [2022] FCA 1525 (O’Callaghan J)

    • Successful defence of purported appeal from decision of Australian Financial Complaints Authority, dismissed on grounds of competency.

    • Appeared for NULIS, the MLC Super trustee (instructed by Minter Ellison).

  • Khalafallah v Director, Professional Services Review Agency & Anor. (Federal Court NSD44/2025)

    • Judicial review challenging decisions re Medicare billing practices and appropriateness of specialist services.

    • Acted for medical specialist (instructed by Hall & Wilcox).

    • Successfully quashed primary decisions, orders made by consent 12 June 2025.

    Commonwealth (Federal Circuit and Family Court of Australia) v Comcare(Federal Court QUD33/2024)

    • Acted for the Federal Circuit & Family Court of Australia (instructed by K&L Gates).

    • Judicial review application concerning Comcare access decision under the Freedom of Information Act 1982 (Cth).

    • Successfully quashed adverse access decision.

SUPERANNUATION TRUSTS

  • Advice to superannuation fund trustees (various)

    • Trust deed interpretation and variations.

    • Exercise of trustee rights & powers.

    • Applications for judicial advice & directions.

    • Service provider contracts and disputes.

    • Member claims.

    Advice to exempt public sector superannuation scheme trustees (various)

    • Statutory interpretation.

    • Exercise of Ministerial powers.

    • Exercise of statutory and trustee powers.

    • Defined benefits schemes and pension entitlements issues.

    State Super NSW (2025-2026)

    • Advising NSW public sector scheme trustee SAS Trustee Corporation (instructed by Herbert Smith Freehills Kramer).

    Future Super Group (2025-2026)

    • Advising group companies (instructed by Herbert Smith Freehills Kramer).

    Aware Super (2025-2026)

    • Advising Aware Super trustee (instructed by K &L Gates)

    ElectricSuper (2025-2026)

    • Advising trustee of superfund for South Australian energy sector (instructed by Mills Oakley).

    Australian Retirement Trust (2025)

    • Advised trustee (instructed by King & Wood Mallesons).

    Team Super (2025)

    • Advised trustee of industry super fund for transport, energy and mine workers (instructed by Mills Oakley).

    Brighter Super (2022)

    • Advice to trustee (instructed by Jones Day)

    Aware Super (2022)

    • Advice to Aware Super trustee (instructed by King & Wood Mallesons)

    Qantas Super (2020)

    • Advised trustee of Qantas Super in context of staff stand-downs due to Covid-19 pandemic (instructed by King & Wood Mallesons).

  • Merger of Alcoa Super to Australian Retirement Trust (2024) [Media] [Media] [Media]

    • Transfer of $2 billion in assets and over 5,000 members.

    • Advised Alcoa Super trustee (instructed by Hall & Wilcox).

    Acquisition of Bendigo & Adelaide Bank superannuation business (2023) [Media]

    • Acquisition of trustee with $1.4 billion under administration and 19,000 members.

    • Acted for Betashares (instructed by King & Wood Mallesons).

    Merger between QSuper and Sunsuper to create Australian Retirement Trust (2021-2022) [Media] [Media]

    • Australia’s largest ever fund merger creating fund with over $330 billion in assets and 2.4 million members.

    • Advised QSuper trustee (instructed by King & Wood Mallesons) and Sunsuper trustee (instructed by Allens Linklaters).

    Merger of Christian Super to Australian Ethical Super (2022) [Media] [Media]

    • Transfer of 28,000 members.

    • Advised ASX listed Australian Ethical Super trustee (instructed by Norton Rose Fulbright).

    Merger of Club Plus Super to AustralianSuper (2021)

    • Transfer of $3.2 billion in assets and 60,000 members.

    • Advised Club Plus Super trustee (instructed by King & Wood Mallesons).

    IOOF (Insignia) (2020)

    • Advised Insignia (instructed by Gilbert & Tobin).

  • Administration Arrangements Project (2025-2026)

    • Acted for public sector superannuation trustee (instructed by Herbert Smith Freehills Kramer).

    Scheme Restructure Project (2025-2026)

    • Acted for superannuation trustee (instructed by Mills Oakley).

    Investment Contract Profit Sharing Arrangements (2025-2026)

    • Acted for superannuation trustee (instructed by K&L Gates).

    Acquisition Project (2024)

    • Acted for HUB24 (instructed by Herbert Smith Freehills).

    Outsourced service provider arrangement (2024)

    • Acted for superannuation trustee (instructed by Mills Oakley).

OLDER MATTERS

  • NSW Public Inquiry into Charitable Fundraising (aka the RSL Inquiry). (2017-2018)

    • Chaired by former NSW Chief Judge in Equity, the Hon. Patricia Bergin SC.

    • Appeared for RSL LifeCare (instructed by Clayton Utz).

    • Also acted in related Australian Charities and Not-for-profits Commission investigation, resolved by Court enforceable undertaking.

    NSW Ombudsman's Inquiry into Water Compliance & Enforcement 2007-2017 (2017-2018)

    • Appeared for WaterNSW (instructed by Norton Rose Fulbright).

    Special Commission of Inquiry into Greyhound Racing Industry in NSW (2015-2016)

    • Chaired by former High Court Justice the Hon. Michael McHugh.

    • Appeared for CEO GreyhoundsNSW (instructed by Norton Rose Fulbright & Clayton Utz).

    ICAC Operation Tunic (NSW Mine Subsidence Board) (2015-2016)

    • Inquiry chaired by former Supreme Court Justice the Hon. Megan Latham.

    • Appeared for the NSW Mine Subsidence Board (instructed by Kilmurray Lawyers).

    Royal Commission into Trade Union Corruption & Governance(2015)

    • Chaired by former High Court Justice the Hon. Dyson Heydon.

    • Appeared for Mr Stephen Sasse, Executive GM, Thiess/John Holland, re his negotiations with the Hon. Bill Shorten MP (when National Secretary of the Australian Workers Union).

    ICAC Operation Vesta (Sydney Harbour Foreshore Authority) (2010-2011)

    • Chaired by former Supreme Court Justice the Hon. David Ipp.

    • Appeared for Rodric David (instructed by Aitken Lawyers).

    • Also advised re related proceedings in United Arab Emirates & Cayman Islands (2010-2012), Federal Court of Australia (2015-2017) & Supreme Court NSW (2018).

    ICAC Operation Ambrosia (Office of Fair Trading & TAFE) (2005) 

    • Chaired by former Supreme Court Justice the Hon. Jerrold Cripps QC.

    • Appeared for Dr Mattar (led by Paul Brereton SC). 

    James Hardie Special Commission of Inquiry (2004)

    • Chaired by David Jackson AM QC.

    • Junior Counsel Assisting (led by John Sheahan KC).

    • Commission found a $1.8 billion shortfall in funding for future asbestos related liabilities and claims against the James Hardie group of companies.

    • Subsequently briefed by the Australian Securities and Investments Commission and appeared in related civil penalty proceedings against the directors, executives, and companies in the James Hardie group for breach of directors duties and continuous disclosure breaches (instructed by Clayton Utz).

    Royal Commission into the Failure of HIH Insurance Ltd (2001-2003)

    • Commonwealth Royal Commission chaired by Supreme Court of Western Australia Justice Neville Owen.

    • Appeared for Hannover Re re alleged sham reinsurance contracts (instructed by Minter Ellison) (led by P Greenwood SC).

    • Subsequently appeared in related proceedings against the Australian Prudential Regulation Authority (including X & Y v APRA (2007) 226 CLR 630 led by David Jackson QC), and in defence of a shareholder class action (instructed by Minter Ellison).

  • Westpac Banking Corporation v ASIC [2009] FCA 1506; (2009) 181 FCR 379 (Rares J).

    • Re Westpac Debit Mastercard and compliance with statutory prohibition on distribution of unsolicited credit cards.

    • Appeared for ASIC (led by M Walton SC, instructed direct).

    P Dawson Nominees Pty Ltd v ASIC & Ors [2008] HCATrans 409application for special leave refused from ASIC v P Dawson Nominees Pty Ltd [2008] FCAFC 123; (2008) 169 FCR 227; (2008) 247 ALR 646; (2008) 66 ACSR 704 appealed from P Dawson Nominees Pty Ltd v Multiplex Ltd [2007] FCA 1659; (2007) 65 ACSR 239

    • Public interest immunity re protection of whistle-blowers. First consideration of regime under Part 9.4AAA of the Corporations Act 2001 (Cth).

    • Appeared for ASIC intervening (led by G Flick SC & on appeal with G Reynolds SC) (instructed direct).

    James Hardie Civil Penalty Proceedings (2007-2011) including ASIC v Macdonald (No 11) [2009] NSWSC 287; (2009) 230 FLR 1; (2009) 71 ACSR 368 and ASIC v Macdonald (No 12) [2009] NSWSC 714; 73 ACSR 638 (Gzell J); James Hardie Industries NV v ASIC [2009] NSWCA 18.

    • Landmark civil penalty proceedings against the directors, executives, and companies in the James Hardie group for breach of directors duties and continuous disclosure breaches.

    • Appeared for ASIC (led by Tony Bannon SC & Robert Beech-Jones SC, instructed by Clayton Utz).

    X & Y v Australian Prudential Regulation Authority [2007] HCA 4; (2007) 226 CLR 630 on appeal from Applicant Y v APRA [2006] FCAFC 37; Applicant X v APRA [2005] FCA 1288; & related AAT proceedings [2007] AATA 1966; (2007) 46 AAR 115

    • Challenge to regulatory action threatened by APRA following collapse of HIH Insurance Ltd and use of evidence to the Royal Commission.

    • Appeared for senior managers of foreign reinsurer (led by D Jackson QC, T Bathurst QC, and P Greenwood SC instructed by Minter Ellison).

    • Also appeared in related shareholder class action proceedings: Johnstone v HIH Insurance Ltd [2004] FCA 1414; Johnstone v HIH Ltd [2004] FCA 190 (Tamberlin J) (settled, 2005).

  • Mews Scheme Winding Up (2008-2016): ASIC v GDK Financial Solutions Pty Ltd (in liq) (2016) FCA (Middleton J);  ASIC v GDK (No 14) [2013] FCA 459 (Gordon J); ASIC v GDK (No 11) [2012] FCA 1034 and ASIC v GDK(No 12) [2012] FCA 1035 (Dodds-Streeton J); ZMB Australia Pty Ltd v Warne [2011] FCA 311 (Ryan J); ZMB Australia Pty Ltd v Warne [2011] FCAFC 65 (Full Court); ASIC v GDK (No 8) [2011] FCA 997 (Dodds-Streeton J); ASIC v GDK [2010] FCA 710 (Gray J); ASIC v GDK (No 6) [2010] FCA 1092 (Finkelstein J); AVS Property Pty Ltd v McMaster [2010] FCAFC 81; (2010) 79 ACSR 89 (appeal); AVS Property Pty Limited v Western Retirement Village Management Ltd (In Liq) [2009] FCA 512 
(Ryan J); ASIC v GDK Financial Solutions Pty Ltd (in liq) No 3 [2008] FCA 448 (2008) 169 FCR 497 (2008) 248 ALR 766; and ASIC v GDK (No 4) [2008] FCA 858 (Finkelstein J).

    • Complex winding up of unregistered managed investment scheme related to the ‘Mews’ development in Western Australia.

    • Appeared as lead counsel for Peter Warne (Chair, Macquarie Group) in his capacity as investor representative (instructed by Arnold Bloch Liebler).

    Australian Mortgage & Finance Company Pty Ltd & Ors v Rome Euro Windows Pty Ltd & Ors (2014) NSWSC 29; [2014] NSWSC 1173; [2014] NSWSC 996 (Black J); 29 & 31 Jan 2014 (Sackar J), 3 Feb 2014 & 17 Dec 2014 (Ball J).

    • Acted for shareholders in manufacturing business associated with Meriton Group.

    • Successfully obtained and continued freezing orders & injunctions restraining conduct of directors and associated third parties diverting business opportunities to associates.

    In re MF Global Australia Ltd (in liq) [2012] NSWSC 994, (2012) 267 FLR 27; In re MF Global Australia Ltd (in liq) (No 2) [2012] NSWSC 1426 (Black J)

    • First liquidation of an Australian Financial Services Licensee concerning client money provisions; complex priority dispute with counter parties MF Global Singapore Pte (in liq) & Deutsche Bank AG and between client groups.

    • Appeared for Contracts for Difference Client Group (led by John Sheahan KC) and subsequently as lead counsel, on behalf of all Client Groups (instructed by Arnold Bloch Liebler).

  • Thunder Studios Inc & Anor v Kazal (Federal Court of Australia, 2014-2016)

    • Appeared for Californian movie production studio & its CEO applicants (instructed by Aitken Lawyers).

    Adobe Systems Inc & Microsoft Corp v 2GF AM Radio Pty Ltd & 24 Ors (Federal Court unrep. Jagot J May 2013) and Adobe Systems Inc & Microsoft Corp v Western Broadcasters Pty Ltd & 5 Ors (Foster J).

    • Copyright; preliminary discovery (successfully resisted); pleading strike out (claim settled).

    • Appeared for the 25 companies of the Super Radio Network.

    Prime Media Group Ltd v Seven Network (2013)

    • Construction of television program supply & ratings agreement.

    • Acted for Prime Media Group (led by N Hutley SC, instructed direct).

    FTI Technology LLC v Ringtail Asia Pacific Pty Limited (Federal Court, 2012)

    • Copyright (settled pre-hearing).

    • Acted for software licensee.

    Griffith & Ors v Australian Broadcasting Corporation & Anor [2004] NSWSC 582 (Cripps AJ) and Griffith & Ors v Australian Broadcasting Corporation & Anor [2003] NSWSC 1244 (Levine J)

    • Defamation & malicious falsehood.

    • Appeared for the Australian Broadcasting Corporation (led by B Walker SC, instructed by Baker & McKenzie).

    Universal Music Australia Pty Ltd v Sharman License Holdings Ltd [2004] FCA 183 (Wilcox J).

    • Copyright; Anton Piller; operation of ‘peer to peer’ computer file sharing platform.

    • Appeared for Nippon Telecom, University of NSW, University of Queensland and Monash University (instructed by Baker & McKenzie).

    F. Hoffmann-La Roche AG v Chiron Corp [2000] FCA 346 (Burchett J)

    • Patents. Hepatitis C virus vaccine. Matter resolved during final hearing October 2000.

    • Appeared for patentee (led by Dr A Bennett SC, instructed by Sprusons Solicitors).


 
 

Contact: Clerk/Practice Manager Sarah Tiffen: clerk@5wentworth.com | +61 2 8066 6111