RECENT SELECT cASES
Ongoing
Australian Prudential Regulation Authority v O'Connor (FCA VID898/2024, McElwaine J). Civil penalty proceedings seeking disqualification of a director of First Super trustee for alleged non-compliance with s 52A of the Superannuation Industry (Supervision) Act 1993 (Cth) in connection with trade union services contract negotiation. Confidentiality and suppression orders (unreported, 26 March 2026). Acting for First Super trustee (instructed by Ashurst).
Forthcoming Court application for consent to change in trustee. (QSC) Advising group companies (instructed by Herbert Smith Freehills Kramer).
Royal Commission into Anti-Semitism and Social Cohesion (chaired by the Hon. Virginia Bell AC SC). Senior Counsel for the Group of 8 universities — University of Melbourne, Australian National University, University of Sydney, UNSW, University of Queensland, University of Western Australia and University of Adelaide (instructed by Norton Rose Fulbright).
Fiona Brown v Commonwealth of Australia (FCA NSD327/2025, Perram J, ongoing). Fair Work Act 2009 (Cth) general protections and contractual claims. Acting for former Director of Operations to Prime Minister Scott Morrison and former Chief of Staff to Senator Linda Reynolds (instructed by Russell Kennedy).
State Super NSW — advising NSW public sector scheme trustee (instructed by Herbert Smith Freehills Kramer).
Future Super Group — advising group companies (instructed by Herbert Smith Freehills Kramer).
Aware Super — advising the trustee (instructed by K&L Gates).
ElectricSuper — advising trustee of superfund for the South Australian energy sector (instructed by Mills Oakley/Corrs).
2025-2026
Operation Landan (School Infrastructure). NSW ICAC public inquiry (chaired by the Hon. Paul Lakatos SC) into allegations of serious corrupt conduct in the $6.7 billion school infrastructure building and maintenance program. Appeared for NSW Department of Education (instructed by Norton Rose Fulbright).
2025
Australian Securities and Investments Commission v RM Capital & The SMSF Club (No 2) [2025] FCA 1634 (Jackson J). ASIC's first case seeking civil penalties for alleged breaches of the Corporations Act 2001 (Cth) conflicted remuneration prohibition. Appeared for corporate authorised representative, The SMSF Club (instructed by Hall & Wilcox).
Raptis Properties v One Managed Investment Funds Ltd atf Diversified Fund (SASC CIV-23-002352). Claim for specific performance, alternatively damages, on sale of commercial property. Defended cross-claim by responsible entity against investment manager and executive director. Acted for Capital Property Funds Ltd and executive director (instructed by Corrs Chambers Westgarth). Settled at mediation October 2025 conducted by the Hon. Bruce Lander KC.
Khalafallah v Director, Professional Services Review Agency (FCA NSD44/2025). Judicial review of decisions concerning Medicare billing practices and appropriateness of specialist services. Successfully quashed primary decisions; orders made by consent 12 June 2025. Acted for medical specialist (instructed by Hall & Wilcox).
Reynolds v Higgins & Sharaz [2025] WASC 345 (Tottle J). Public interest immunity and witness availability issues in context of trial of defamation claim. Appeared for Fiona Brown (instructed by Russell Kennedy).
Barich v Zurich Australia & RI Advice Group (NSWSC 2022/265912). Income protection insurance claim and alternative claim for negligent advice. Acted for insurer Zurich Australia (instructed by Turks Legal). Settled at mediation 2025.
Australian Institute of Company Directors & Governance Institute of Australia. Opinion on the Law & Practice of Minutes of Directors' Meetings (including Use of Generative AI), May 2025.
PDS compliance — advised friendly society (instructed by Herbert Smith Freehills Kramer).
Imposition of stamp duties on Insurance Contracts — advised friendly society (instructed by King & Wood Mallesons).
PDS compliance — advised insurer (instructed by King & Wood Mallesons).
Australian Retirement Trust — advised trustee (instructed by King & Wood Mallesons).
Team Super — advised trustee of industry super fund for transport, energy and mine workers (instructed by Mills Oakley).
Australian Taxation Office — advised ATO on prospects of appeal (instructed by Norton Rose Fulbright).
Council of Australian Life Insurers — advised peak body representing the life insurance and reinsurance industry in Australia (instructed by Herbert Smith Freehills).
2024
Commonwealth (Federal Circuit and Family Court of Australia) v Comcare (FCA QUD33/2024). Judicial review concerning a Comcare access decision under the Freedom of Information Act 1982 (Cth). Successfully quashed the adverse access decision. Acted for the Federal Circuit & Family Court of Australia (instructed by K&L Gates).
Muffet v Qantas Superannuation [2024] FCA 39 (Yates J). Successful defence of appeal by Australian & International Pilots Association from a decision of AFCA affirming the trustee's decision on defined benefits calculations of Qantas pilots. Appeared for Qantas Super trustee (instructed by King & Wood Mallesons).
Re AUSCOAL Superannuation atf Mine Superannuation Fund [2024] NSWSC 32 (Robb J). 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).
Lehrmann v Network Ten (Trial Judgment) [2024] FCA 369 (Lee J). Public interest immunity and witness availability issues in context of trial of defamation claim. Appeared for Fiona Brown, formerly Director of Operations, Prime Minister's Office and Chief of Staff to Senator Reynolds (instructed by Russell Kennedy).
Nature's Care Holdings v Chen [2024] NSWSC 14 (Rees J). Dispute between vitamins manufacturer and former directors and CEO; injunction obtained restraining conduct. Acted for Nature's Care group (instructed by Clifford Chance).
Westpac Banking Corp v Jammal (NSWSC 2021/00366051). Recovery claim pursuant to equitable mortgage, raising issues of subrogation and laches. Acted for Westpac Banking Corp (instructed by HWL Ebsworth). Settled at trial, July 2024.
Financial Services Council — Opinion on Treasury Laws Amendment (Delivering Better Financial Outcomes) Bill 2024 (Cth), implementing the first tranche of recommendations from the Quality of Advice Review (instructed by Herbert Smith Freehills).
Product Project (Apple) — acted for Apple (instructed by Herbert Smith Freehills).
Sale of general insurance business — acted for general insurer (instructed by King & Wood Mallesons).
Merger of Alcoa Super to Australian Retirement Trust — transfer of $2 billion in assets and over 5,000 members. Advised Alcoa Super trustee (instructed by Hall & Wilcox).
Acquisition Project (HUB24) — acted for HUB24 (instructed by Herbert Smith Freehills).
Outsourced service provider arrangement — superannuation trustee (instructed by Mills Oakley).
2023
Royal Commission into the Robodebt Scheme (2022–2023, chaired by the Hon. Catherine Holmes AC). Senior Counsel for the Commonwealth of Australia, leading 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, declared unlawful by the Federal Court and requiring repayments exceeding $1.8 billion.
Re abrdn Australia Ltd & abrdn Asia PLC (SCNSW, Rees J, 20 June 2023). Application for Court's consent to retirement of responsible entities from the Australian funds management business. Appeared for the applicants (part of the Aberdeen Group) (instructed by Minter Ellison). Decision enabled outsourcing of trustee and responsible entity duties to MSC Trustees, with administration of Australian equity funds undertaken by Apex Group.
Acquisition of Bendigo & Adelaide Bank superannuation business. Acquisition of trustee with $1.4 billion under administration and 19,000 members. Acted for Betashares (instructed by King & Wood Mallesons).
2022
H.E.S.T. Australia v Attorney-General (Qld) & Attorney-General (Victoria); Mercy Super v Attorney-General (Qld) [2022] QSC 221; (2022) 12 QR 144 (Kelly J). Application for declaratory relief concerning statutory corrupt benefits prohibition under local criminal laws. Appeared for Mercy Super trustee (instructed by Ashurst). Successful action enabled merger between Mercy Super and HESTA to proceed.
Australian Securities and Investments Commission v Westpac Banking Corporation (Omnibus) [2022] FCA 515; (2022) 407 ALR 1; (2022) 159 ACSR 381 (Beach J). Advised ASIC on the investigation into Westpac group matters referred by the Banking Royal Commission. Appeared in subsequent civil penalty proceedings against Westpac and subsidiaries for contraventions of the Corporations Act 2001 (Cth) and ASIC Act 2001 (Cth), and compliance plan orders re distribution of insurance products to retail customers. Acted for ASIC (instructed by Australian Government Solicitor).
CFMEU (Industrial Union of Employees, Qld) v Queensland Master Builders Association: in re BUSS (Queensland) P/L [2022] FCA 283 (Greenwood J). Shareholder dispute following resignation of directors of industry superfund. Appeared for BUSSQ trustee (instructed by Thomson Geer).
Re Energy Industries Superannuation Scheme [2022] NSWSC 1202 (Ball J). Judicial advice re trust deed amendment in context of ongoing regulatory investigations. Appeared for EISS trustee (instructed by Dentons).
Re SCS Super atf Australian Catholic Superannuation Fund [2022] NSWSC 686 (Hallen J). Judicial advice re proposal to introduce fee-charging power. Appeared for Australian Catholic Super trustee (instructed by Minter Ellison).
Sweeney v Australian Financial Complaints Authority & NULIS Nominees (Australia) [2022] FCA 1525 (O'Callaghan J). Successful defence of purported appeal from a decision of AFCA, dismissed on grounds of competency. Appeared for NULIS, the MLC Super trustee (instructed by Minter Ellison).
Merger of QSuper and Sunsuper to create Australian Retirement Trust (2021–2022). Australia's largest ever fund merger, creating a 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. Transfer of 28,000 members. Advised ASX-listed Australian Ethical Super trustee (instructed by Norton Rose Fulbright).
Brighter Super — advice to trustee (instructed by Jones Day).
Aware Super — advice to trustee (instructed by King & Wood Mallesons).
Expert Determination — licensed superannuation trustee / fund administrator contract dispute. Appointed Expert Determiner by the parties (represented by Herbert Smith Freehills and Allens Linklaters).
2021
Re NGS Super P/L atf NGS Super [2021] NSWSC 1694 (Henry J). Judicial advice re proposal to introduce fee-charging power. 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 re proposed exercise of trustee power to charge remuneration to fund risk reserve; re ownership of shares in trustee company; re lost trust deed. Appeared for trustee (instructed by Mills Oakley).
Re QSuper Board [2021] QSC 276 (Kelly J). Landmark judicial advice seeking authorisation to amend trust deed to insert a fee-charging power to build a fund to pay potential Commonwealth fines and penalties. Appeared for the Queensland Public Sector Superannuation Scheme trustee (instructed by King & Wood Mallesons).
Merger of Club Plus Super to AustralianSuper. Transfer of $3.2 billion in assets and 60,000 members. Advised Club Plus Super trustee (instructed by King & Wood Mallesons).
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).
Hunter & Central Coast Development Corporation ats Doma Group (2020–2021). Expert Determination re contractual liabilities for site remediation. Acted for HCCDC and NSW Department of Planning, Industry & Environment (instructed by Hall & Wilcox).
2020
Royal Commission into National Natural Disaster Arrangements (chaired by Air Chief Marshal Mark Binskin AC, assisted by Dr Annabelle Bennett AC SC and Professor Andrew Macintosh). Senior Counsel Assisting. Established in response to the 2019–20 bushfires; the Commission heard from over 300 witnesses and made 80 recommendations covering legislative reform, national coordination, climate risk research, disaster resilience and community engagement.
In re Ovato Print Group [2020] NSWSC 1683; 150 ACSR 32 and [2020] NSWSC 1882 (Black J). Creditors' and members' schemes of arrangement; public policy issues; Fair Entitlements Scheme. Acted for Commonwealth of Australia (instructed by Norton Rose Fulbright).
Re NULIS Nominees (Australia) Ltd (NSWSC, Foster J, 8 August 2020). Judicial advice re lost trust deed amending terms of Elders IXL trust. Appeared for MLC Super Fund trustee (instructed by Minter Ellison).
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 the Commissioner (instructed by Lander & Rodgers).
Qantas Super — advised trustee in the context of staff stand-downs due to the COVID-19 pandemic (instructed by King & Wood Mallesons).
IOOF (Insignia) — advised Insignia (instructed by Gilbert & Tobin).
OLDER NOTABLE CASES
2018–2020
Royal Commission into Aged Care Quality and Safety (chaired by the Hon. Richard Tracey AM RFD QC and the Hon. Tony Pagone QC, with former CEO of Medicare Lynelle Briggs). Senior Counsel for Garden View Aged Care (instructed by Sparke Helmore) in hearings into the Use of Physical and Chemical Restraints, with associated investigation by the Aged Care Quality and Safety Commission and re the ABC TV program investigation (instructed by Hall & Wilcox). Also acted for AMP Capital, Anglican Care and Aegis Aged Care Group (instructed by Hall & Wilcox), Catholic HealthCare (instructed by Moray & Agnew), and RSL LifeCare (instructed by Clayton Utz).
2019-2020
Operation Ember (Transport for NSW). NSW ICAC public inquiry (Assistant Commissioner Trish McDonald SC). Contract procurement corruption and fraud in the Heavy Vehicles unit. Appeared for Transport for NSW (instructed by Norton Rose Fulbright).
Roads & Maritime Services (Transport for NSW) v AZH Consulting (NSWSC 2019/00162659). Recovery action for alleged public sector contract procurement fraud revealed by ICAC investigation; freezing orders obtained; recoveries secured and proceedings later settled. Acted for Transport for NSW (instructed by Norton Rose Fulbright).
2018–2019
Royal Commission into Misconduct in Banking, Superannuation & Financial Services Industry (chaired by the Hon. Kenneth Hayne AC KC). Senior Counsel for the Commonwealth Bank of Australia and Aussie Home Loans (instructed by Clayton Utz). Subsequently acted for ASIC in its investigations into Westpac Banking Corporation referred from the Royal Commission, and in civil penalty proceedings against Westpac (instructed by Australian Government Solicitor).
2017–2018
NSW Public Inquiry into Charitable Fundraising (the RSL Inquiry) (chaired by the Hon. Patricia Bergin SC). Appeared for RSL LifeCare (instructed by Clayton Utz). Also acted in the related ACNC investigation, resolved by Court-enforceable undertaking.
NSW Ombudsman's Inquiry into Water Compliance & Enforcement 2007–2017. Appeared for WaterNSW (instructed by Norton Rose Fulbright).
Operation Ricco (City of Botany Bay Council). NSW ICAC public inquiry. Acted for Lorraine Cullinane, Deputy General Manager (submissions).
2014–2017
Operation Credo (Australian Water Holdings) and Operation Spicer (NSW Public Officials & Members of Parliament) (chaired by the Hon. Megan Latham). Appeared for Senator the Hon. Arthur Sinodinos, Assistant Treasurer and later Cabinet Secretary in the Commonwealth Government (instructed by Arnold Bloch Leibler). Also appeared in related Federal Court proceedings (TSDack Pty Ltd v Australian Water Holdings Pty Ltd [2015] FCA 931).
2015–2016
Operation Tunic (NSW Mine Subsidence Board). NSW ICAC inquiry (chaired by the Hon. Megan Latham). Appeared for the NSW Mine Subsidence Board (instructed by Kilmurray Lawyers).
Special Commission of Inquiry into the Greyhound Racing Industry in NSW. (chaired by the Hon. Michael McHugh). Appeared for the CEO of GreyhoundsNSW (instructed by Norton Rose Fulbright and Clayton Utz).
Thunder Studios Inc v Kazal (Federal Court of Australia, 2014–2016). Defamation. Appeared for Californian movie production studio and its CEO applicants (instructed by Aitken Lawyers).
2008–2016
Mews Scheme Winding Up — including 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 (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; AVS Property Pty Ltd 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 (Macquarie Group Chair) in his capacity as investor representative (instructed by Arnold Bloch Leibler).
2015
Royal Commission into Trade Union Corruption & Governance (chaired by the Hon. Dyson Heydon). Appeared for Mr Stephen Sasse, Executive General Manager, Thiess/John Holland, re his negotiations with the Hon. Bill Shorten MP (when National Secretary of the Australian Workers Union).
2014
Australian Mortgage & Finance Company v Rome Euro Windows (2014) NSWSC 29; [2014] NSWSC 1173; [2014] NSWSC 996 (Black, Sackar, Ball JJ). Acted for shareholders in a manufacturing business associated with the Meriton Group. Successfully obtained and continued freezing orders and injunctions restraining the conduct of directors and associated third parties diverting business opportunities.
2013
Adobe Systems Inc & Microsoft Corp v 2GF AM Radio Pty Ltd (Federal Court, Jagot J, May 2013) and Adobe Systems Inc & Microsoft Corp v Western Broadcasters Pty Ltd (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 & Seven Network (2013). Copyright. Television program supply and ratings agreement. Acted for Prime Media Group (led by N Hutley SC, instructed direct).
2012
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 counterparties MF Global Singapore Pte (in liq) and Deutsche Bank AG, and between client groups. Appeared for the 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 Leibler).
FTI Technology LLC v Ringtail Asia Pacific Pty Limited (FCA, 2012). Copyright. Acted for software licensee.
2010–2011
Operation Vesta (Sydney Harbour Foreshore Authority). NSW ICAC inquiry (chaired by the Hon. David Ipp). Appeared for Rodric David (instructed by Aitken Lawyers). Also advised re related proceedings in the United Arab Emirates and Cayman Islands (2010–2012), Federal Court of Australia (2015–2017) and Supreme Court NSW (2018).
2007–2011
James Hardie Civil Penalty Proceedings — 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 and Robert Beech-Jones SC, instructed by Clayton Utz).
2009
Westpac Banking Corporation v ASIC [2009] FCA 1506; (2009) 181 FCR 379 (Rares J). Re Westpac Debit Mastercard and compliance with the statutory prohibition on distribution of unsolicited credit cards. Appeared for ASIC (led by M Walton SC, instructed direct).
2007-2008
P Dawson Nominees Pty Ltd v ASIC [2008] HCATrans 409 (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; on appeal from P Dawson Nominees Pty Ltd v Multiplex Ltd [2007] FCA 1659; (2007) 65 ACSR 239. Public interest immunity re protection of whistleblowers; first consideration of the regime under Part 9.4AAA of the Corporations Act 2001 (Cth). Appeared for ASIC intervening (led by G Flick SC, and on appeal with G Reynolds SC) (instructed direct).
2004-2007
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; and related AAT proceedings [2007] AATA 1966; (2007) 46 AAR 115. Challenge to regulatory action threatened by APRA following the collapse of HIH Insurance Ltd and the use of evidence to the Royal Commission. Appeared for senior managers of a 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).
2005
Operation Ambrosia (Office of Fair Trading & TAFE). NSW ICAC inquiry (chaired by the Hon. Jerrold Cripps QC). Appeared for Dr Mattar (led by Paul Brereton SC).
2004
James Hardie Special Commission of Inquiry (chaired by David Jackson AM QC). Junior Counsel Assisting (led by John Sheahan KC). The Commission found a $1.8 billion shortfall in funding for future asbestos-related liabilities and claims against the James Hardie group. Subsequently briefed by ASIC 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).
Griffith v Australian Broadcasting Corporation [2004] NSWSC 582 (Cripps AJ) and [2003] NSWSC 1244 (Levine J). Defamation & malicious falsehood. Appeared for the ABC (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).
2001–2003
Royal Commission into the Failure of HIH Insurance Ltd (chaired by Justice Neville Owen of the Supreme Court of Western Australia). Appeared for Hannover Re re alleged sham reinsurance contracts (led by P Greenwood SC, instructed by Minter Ellison). Subsequently appeared in related proceedings against APRA (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).
1998-2000
F. Hoffmann-La Roche AG v Chiron Corp [2000] FCA 346 (Burchett J). Patents. Hepatitis C virus vaccine. Preparation of expert witness evidence, interlocutory discovery disputes and related. Matter resolved during final hearing October 2000. Acted for patentee (led by Dr A Bennett SC, instructed by Spruson & Ferguson Solicitors).