Recent & Select Cases
Regulatory Enforcement
Registered Organisations Commissioner v Communications, Electrical & Plumbing Union, briefed by Lander & Rogers, Melbourne - Federal Court civil penalty proceedings (ongoing)
Kender v Australian Securities & Investments Commission [2018] AATA 4555 - briefed by ASIC direct (application by disqualified director)
Canberra Raiders Sports Club v ACT Gambling & Racing Commission [2018] ACTSC - briefed by Snedden, Hall & Gallop, Canberra (successfully set aside civil penalty & licence conditions, reprimand substituted)
Australian Competition & Consumer Commission v Husqvarna Australia (2018) - briefed by Holman Webb (successfully obtained Enforceable Undertaking )
Australian Charities and Not-for-profits Commission v RSL LifeCare Limited (2018) - briefed by Clayton Utz (successfully obtained Enforceable Undertaking)
Australian Securities & Investments Commission v Macdonald (No 11) [2009] NSWSC 287; (2009) 256 ALR 199; (2009) 230 FLR 1; (2009) 71 ACSR 368 (liability); James Hardie Industries NV v ASIC [2009] NSWCA 18 (continuous disclosure); ASIC v Macdonald (No 12)[2009] NSWSC 714; 73 ACSR 638 (civil penalty proceedings re contraventions of Corporations Act for misleading and deceptive statements and continuous disclosure breaches)
X v Australian Prudential Regulation Authority [2007] HCA 4; (2007) 226 CLR 630; (2007) 81 ALJR 611; Applicant Y v APRA[2006] FCAFC 37; Applicant X v APRA[2005] FCA 1288 (challenge to disqualification of senior insurance managers)
Financial Services, Trusts & Superannuation
National Australia Bank, briefed by MinterEllison (2019)
OnePath Custodians (ANZ Group), briefed by MinterEllison (2018-2019)
EISS Super, briefed by Sparke Helmore and by Hall & Wilcox (2013-2019)
Aon Hewitt Financial Advisory, briefed by Sparke Helmore (2018)
NULIS (Australia) Noms & MLC Noms (NAB Group), briefed by MinterEllison & K&L Gates (2018)
Re Simpson’s Trust [2018] QSC - for Victorian beneficiary of a substantial testamentary trust, briefed by Bradley, Allen, Love, Canberra - Supreme Court of Queensland judicial advice application (distribution directed)
Commercial and Insolvency Disputes
Class actions (continuous disclosure & consumer protection) - various funders & insureds re prospects & coverage opinions, advice on pleadings
Re Bridgeland Investment [2018] NSWSC (termination of winding up)
Greek Atlas League Inc [2018] NSWSC (orders made confirming officer election results & requiring delivery up of books and records)
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 (insolvency of financial services business; application for judicial advice s 63 Trustee Act 1925 (NSW) re distribution of $200 million in client money & complex priority dispute)
ZMB Australia P/L v Warne [2011] FCAFC 65 (Full Court) (compromise of appeal re priority dispute) on appeal from ASIC v GDK [2010] FCA 710 (Gray J) (trial of priority dispute turning on construction of terms of deed of purchase)
Royal Commissions and Public Inquiries
Royal Commission into Aged Care Quality & Safety - for various aged care providers, briefed by Clayton Utz, Hall & Wilcox, Moray and Agnew
Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry - Commonwealth Bank of Australia (Aussie Home Loans). Dominique led the counsel team in the hearings relating to consumer lending and mortgage brokers, briefed by Clayton Utz. She also advised the Energy Industry Superannuation Scheme, briefed by Hall & Wilcox, in relation to the Superannuation hearings.
NSW Ombudsman's investigation into Water Compliance & Enforcement - for WaterNSW, briefed by Norton Rose Fulbright
NSW Public Inquiry into Charitable Fundraising - for RSL LifeCare Ltd, briefed by Clayton Utz
NSW Special Commission of Inquiry into The Medical Research & Compensation Foundation (the James Hardie Inquiry) (2004) Junior Counsel Assisting