Recent Cases
2019
Federal Court of Australia
ASIC v RM Capital Limited & The SMSF Club P/L, Federal Court of Australia NSD206/2019 - Federal Court of Australia - civil penalty proceedings - first ever 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) - appearing 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)
Royal Commissions and Public Inquiries
Commonwealth Royal Commission into Aged Care Quality & Safety (2018-2019) - appearing for numerous major aged care providers - initial submissions & Adelaide Hearing 1 (February 2019), briefed by Clayton Utz, Hall & Wilcox, Moray and Agnew, Piper Alderman - for Garden View Aged Care in Sydney Hearing Case Study (May 2019) briefed by Sparke Helmore - for two providers, briefed by Hall & Wilcox in Mildura Hearing (July 2019)
Independent Commission Against Corruption - Operation Ember - for NSW Roads & Maritime Services agency, briefed by Norton Rose Fulbright (hearings May-October 2019)
Other
Australian Institute of Company Directors & Governance Institute of Australia - Joint Opinion on Minutes of Directors Meetings - 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 Claims Management, briefed direct
Various major retail banks’ superannuation trustees, briefed by Minter Ellison
Industry superannuation fund trustee, briefed direct, in ASIC investigation into adequacy of fees and costs disclosure
Industry superannuation fund trustee’s in-house legal counsel, briefed by Minter Ellison in ASIC investigation into suspected contraventions of s 101 Superannuation Industry (Supervision) Act 1993 (Cth)
2018
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
Re Bridgeland Investment [2018] NSWSC (White J) - termination of winding up of corporation
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
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
Other
Major retail bank superannuation trustee, briefed by Minter Ellison & K&L Gates
Australian Competition & Consumer Commission v Husqvarna Australia for Husqvarna, briefed by Holman Webb - successfully obtained Enforceable Undertaking re franchising arrangements
Australian Charities and Not-for-profits Commission v RSL LifeCare Limited for RSL LifeCare, briefed by Clayton Utz - successfully obtained Enforceable Undertaking re charity governance
Earlier Notable Cases
ICAC Operation Credo (Australian Water Holdings) & ICAC Operation Spicer (Political Donations) (2014-2017) & related TSDack v Australian Water Holdings [2015] FCA 93 - appeared for Senator the Hon. Arthur Sinodinos AO, briefed by Arnold Bloch Liebler
In re MF Global Australia (in liq) [2012] NSWSC 994; (2012) 267 FLR 27; In re MF Global Australia (in liq) (No 2) [2012] NSWSC 1426; (2012) 267 FLR 27 - appeared for derivatives customers in application by liquidators for orders under Corporations Act 2001 (Cth) and Trustee Act 1925 (NSW), briefed by Arnold Bloch Liebler
Australian Securities and Investments Commission v McDonald (2009) 259 ALR 116, (2009) 256 ALR 199, [2009] NSWSC 53, [2009] NSWSC 13, [2009] NSWSC 12, [2008] NSWSC 1367, [2008] NSWSC 1175, [2008] NSWSC 1169, [2008] NSWSC 1101, [2008] NSWSC 1099, [2008] NSWSC 102 (aka James Hardie civil penalty proceedings) - appeared for ASIC, briefed by Clayton Utz
Special Commission of Inquiry into The Medical Research & Compensation Foundation (aka the James Hardie Inquiry) (2004) - Junior Counsel Assisting, briefed by NSW Crown Solicitors