2019

Royal Commissions and Public Inquiries

Independent Commission Against Corruption - Operation Ember (Roads and Maritime Services Agency) - for NSW Roads & Maritime Services Agency, briefed by Norton Rose Fulbright (hearings May-July, October 2019) - public procurement - fraud - corruption

Commonwealth Royal Commission into Aged Care Quality & Safety - pre and post publication advice re ABC Television’s Four Corners program “Who Cares” for various providers, briefed by Hall & Wilcox (September 2018) - Initial Submissions (January 2019) & Adelaide Hearing 1 (February 2019) - for numerous providers, briefed by Clayton Utz, Hall & Wilcox, Moray and Agnew, Piper Alderman - Sydney Hearing (Dementia Care - Garden View Case Study) (May 2019) for Garden View Aged Care, briefed by Sparke Helmore - Mildura Hearing (Respite Care) (July 2019) - for two providers (de-identified), briefed by Hall & Wilcox - Melbourne Hearing 1 (Younger People in Residential Aged Care) (September 2019) - for provider (de-identified), briefed by Hall & Wilcox

Federal Court of Australia

ASIC v RM Capital Limited & The SMSF Club P/L NSD206/2019 - Federal Court of Australia - civil penalty proceedings - first case alleging contravention of the conflicted remuneration prohibition (s963G Corporations Act 2001 (Cth)) - for The SMSF Club P/L, corporate authorised representative, briefed by Hall & Wilcox (ongoing)

Commonwealth Registered Organisations Commissioner v Communications Electrical Electric Electronic Energy Information Postal Plumbing & Allied Services Union of Australia NSD802/2018 - Federal Court of Australia - civil penalty proceedings - first case by ROC seeking penalties for contraventions of s 230(1) and s 233(2) Fair Work (Registered Organisations) Act 2009 (Cth) - appeared for ROC, briefed by Lander & Rogers Melbourne (reserved, heard July 2019)

State & Territory Superior Courts

Commonwealth Superannuation Corporation ats Martin - Supreme Court of NSW - for Trustee of Commonwealth Public Sector Superannuation Scheme, briefed by Ashurst Canberra (ongoing)

Roads & Maritime Services v AZH Consulting P/L & Ors - Supreme Court of NSW - for NSW Government agency - obtained freezing and asset preservation orders supporting claim against allegedly fraudulent contractor, briefed by Norton Rose Fulbright (June 2019)

Other

Australian Institute of Company Directors & Governance Institute of Australia - Joint Opinion on Board Minutes - briefed direct (July 2019) [see AICD & GIA Joint Statement, 1 August 2019]

Commonwealth of Australia (Department of Defence/Australian Signals Directorate) - for the Commonwealth, briefed by Ashurst

Law Society of South Australia & Law Guard Management, briefed direct

Various major retail banks’ superannuation trustees, briefed by Minter Ellison

Industry superannuation fund trustee, briefed direct, in ASIC investigation

Industry superannuation fund in-house legal counsel, briefed by Minter Ellison in ASIC investigation

2018

Royal Commissions and Public Inquiries

Commonwealth Royal Commission into Misconduct in the Banking, Superannuation & Financial Services Industry - for Commonwealth Bank of Australia (Aussie Home Loans) briefed by Clayton Utz, Round 1 Hearings (Consumer Lending) - for EISS Super, briefed by Hall & Wilcox, Round 5 Hearings (Superannuation)

NSW Ombudsman's investigation into Water Compliance & Enforcement - for WaterNSW, briefed by Norton Rose Fulbright

NSW Public Inquiry into Charitable Fundraising (the RSL Inquiry) - for aged care service provider & charity, RSL LifeCare, briefed by Clayton Utz & PWC

State & Territory Superior Courts

Canberra Raiders Sports Club v ACT Gambling & Racing Commission - ACT Supreme Court & ACT Administrative & Civil Tribunal - for Canberra Raiders Group, briefed by Snedden, Hall & Gallop Canberra - successfully set aside civil penalty & licence conditions, reprimand substituted re failures to record problem gambling incidents

Re Simpson’s Trust [2018] QSC (Crow J) - Supreme Court of Queensland - judicial advice application - for income beneficiary briefed by Bradley, Allen, Love, Canberra - distribution directed

Commonwealth Administrative Appeals Tribunal

Australian Securities & Investments Commission ats Kender [2018] AATA 4555 - Administrative Appeals Tribunal - for ASIC, briefed direct - administrative review application by disqualified director

Other

Australian Competition & Consumer Commission v Husqvarna Australia for Husqvarna, briefed by Holman Webb - enforceable undertaking re franchising arrangements

Australian Charities and Not-for-profits Commission v RSL LifeCare Limited for RSL LifeCare, briefed by Clayton Utz - enforceable undertaking re charity governance