LEGAL PRACTICE
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Raptis Properties v One Managed Investment Funds Ltd atf Diversified Fund (Supreme Court of South Australia no. CIV-23-002352)
Acted for investment manager Capital Property Funds Ltd & executive director (instructed by Corrs Chambers Westgarth).
Defence of cross-claim by Responsible Entity of diversified property fund.
Settled at mediation October 2025.
Westpac Banking Corp v Jammal & Ors (Supreme Court of New South Wales no. 2021/00366051)
Acted for Westpac (instructed by HWL Ebsworth).
Commercial dispute raising issues of equitable mortgages, subrogation and laches.
Settled at trial July 2024.
Nature’s Care Holdings v Chen [2024] NSWSC 14 (Rees J)
Acted for vitamins manufacturer (instructed by Clifford Chance).
Interlocutory injunction obtained against former directors and CEO.
[Media]
Licensed superannuation trustee and fund administrator (confidential) (2022)
Appointed Expert Determiner.
Superannuation fund administration contract dispute (parties represented by Herbert Smith Freehills and Allens).
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).
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State Super NSW (2025-2026)
Instructed by Herbert Smith Freehills Kramer.
Electric Super SA (2025-2026)
Instructed by Mills Oakley.
Aware Super (2025-2026)
Instructed by K&L Gates.
Apple (2024)
Instructed by Herbert Smith Freehills.
HUB24 (2024)
Instructed by Herbert Smith Freehills.
Team Super (2024)
Instructed by Mills Oakley.
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Advice to Listed Entities and Licensed Superannuation Trustees (various)
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.
Australian Centre for Corporate Social Responsibility
Advised ACCSR (instructed direct).
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Australian Institute of Company Directors & Governance Institute of Australia (2025)
Opinion on the law & practice of minutes of directors meetings (including use of generative AI).
Charity governance investigation (2023-2024)
Acted for the Australian Charities & Not-for-Profits Commission (instructed by AGS).
Appeared for BUSSQ trustee (instructed by Thomson Geer).
Shareholder dispute after resignation of employer representative directors on equal representation board of industry superfund.
[Media]
Advice to Regulated Entities (various)
Advice on board membership, fit and proper policies and processes, conflicts of interest policies and procedures, 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.
James Hardie Civil Penalty Proceedings (2007-2011)
ASIC v Macdonald (No 11) [2009] NSWSC 287; (2009) 230 FLR 1; (2009) 71 ACSR 368; ASIC v Macdonald (No 12) [2009] NSWSC 714; 73 ACSR 638; James Hardie Industries NV v ASIC [2009] NSWCA 18.Appeared for ASIC (instructed by Clayton Utz).
Landmark civil penalty proceedings against the directors, executives, and companies in the James Hardie group for breach of directors duties and continuous disclosure breaches.
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Sale of general insurance business (2024)
Acted for general insurer (instructed by King & Wood Mallesons).
Merger of Alcoa Super to Australian Retirement Trust (2024)
Acted for Alcoa Super trustee (instructed by Hall & Wilcox).
Transferred $2 billion in assets and over 5,000 members.
Re abrdn Australia Ltd & abrdn Asia PLC (Supreme Court of NSW, Rees J, 20 June 2023)
Appeared for applicants (part of the Aberdeen Group) (instructed by Minter Ellison).
Successfully obtained Court’s consent to retirement of responsible entities from 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.
Acquisition of superannuation business (2023)
Acted for acquirer (instructed by King & Wood Mallesons).
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)
Appeared for Mercy Super trustee (instructed by Ashurst).
Successful action against the Attorneys-General of Queensland and Victoria for declaratory relief.
Successfully authorised fund merger between Mercy Super and HESTA in context of statutory corrupt benefits prohibition under local criminal laws.
Merger between QSuper and Sunsuper to create Australian Retirement Trust (2021-2022)
Advised QSuper trustee (instructed by King & Wood Mallesons) and Sunsuper trustee (instructed by Allens Linklaters).
Australia’s largest ever fund merger creating fund with over $330 billion in assets and 2.4 million members.
Merger of Christian Super to Australian Ethical Super (2022)
Acted for ASX listed Australian Ethical Super trustee (instructed by Norton Rose Fulbright).
Received 28,000 new members.
Merger of Club Plus Super to AustralianSuper (2021)
Acted for Club Plus Super trustee (instructed by King & Wood Mallesons).
Transferred $3.2 billion in assets and around 60,000 members.
In re Ovato Print Group [2020] NSWSC 1683; 150 ACSR 32 and [2020] NSWSC 1882 (Black J)
Acted for Commonwealth of Australia (instructed by Norton Rose Fulbright) (NRF note).
Creditors’ and members’ schemes of arrangement; public policy issues; FEG Scheme.
IOOF (Insignia) (2020) (instructed by Gilbert & Tobin).
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Operation Landan (School Infrastructure) (2025)
Public inquiry by NSW Independent Commission Against Corruption held over 7 weeks of hearings into 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).
[Media]
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 into allegations of serious corrupt conduct in the awarding of contracts in the Heavy Vehicles Programs unit.
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 Credo (Australian Water Holdings) (2014-2017)
Operation Spicer (NSW public officials & Members of Parliament)(2014-2016)Public inquiries by NSW Independent Commission Against Corruption.
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 shareholder proceedings and NSW Electoral Commission investigation into the 2011 State Election.
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A.C.T. Gambling & Racing Commission and Hellenic Club of Canberra (2024-2025)
Appeared for the ACTGRC (instructed by A.C.T. Government Solicitor).
A.C.T. Civil and Administrative Tribunal proceedings and threatened Supreme Court proceedings
Australian Health Practitioner Regulation Agency investigation (2025)
Acted for medical specialist (instructed by Hall & Wilcox).
Successfully quashed investigation.
Khalafallah v Director, Professional Services Review Agency & Anor. (Federal Court NSD44/2025)
Acted for medical specialist (instructed by Hall & Wilcox).
Successfully quashed two adverse decisions of agency - consent final orders 12 June 2025.
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Fiona Brown v Commonwealth of Australia (NSD327/2025) (ongoing Perram J)
Acting for former Director of Operations to Prime Minister Scott Morrison and former Chief of Staff to Senator Linda Reynolds (instructed by Russell Kennedy).
Fair Work Act general protections claim and associated claims.
Cricket Australia/Australian Cricket Players Inc (2025)
Grievance Panel Member.
Contract dispute between player and employer.
Appeared for Commissioner (instructed by Lander & Rodgers).
Successful proceedings against registered trade union, civil penalties ordered.
Qantas Super (2020)
Advised trustee of Qantas Super in context of staff stand-downs due to Covid-19 pandemic (instructed by King & Wood Mallesons).
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Australian Securities and Investments Commission v RM Capital & The SMSF Club. [2025] FCA 1634 (Jackson J)
Appeared for corporate authorised representative, The SMSF Club (instructed by Hall & Wilcox).
ASIC’s first case seeking civil penalties for alleged breaches of Corporations Act 2001 (Cth) conflicted remuneration prohibition.
Financial Services Council (2024)
Opinion for 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).
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.
[Media]
Australian Securities and Investments Commission v Westpac Banking Corporation (Omnibus) [2022] FCA 515; (2022) 407 ALR 1; (2022) 159 ACSR 381 (Beach J)
Acted for ASIC in its investigation into Westpac group related matters referred by the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.
Subsequently appeared for ASIC in related civil penalty proceedings against Westpac and subsidiaries (instructed by the Australian Government Solicitor).
Successfully obtained 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.
Muffet v Qantas Superannuation[2024] FCA 39 (Yates J)
Appeared for Qantas Super trustee (instructed by King & Wood Mallesons).
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.
Sweeney v Australian Financial Complaints Authority & NULIS Nominees (Australia) [2022] FCA 1525 (O’Callaghan J)
Appeared for NULIS, the MLC Super trustee (instructed by Minter Ellison).
Successful defence of purported appeal from decision of Australian Financial Complaints Authority, dismissed on grounds of competency.
Advice to Australian Financial Services Licensees (various)
ASIC investigations and enforcement actions.
Compliance with 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)
Compliance with the ASIC Act 2001 (Cth) including consumer protection provisions in relation to financial services (Pt 2).
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Australian Taxation Office(2025) (instructed by Norton Rose Fulbright).
The Ralan Group liquidation
Acted for liquidators (Grant Thornton) (instructed by Norton Rose Fulbright).
In re DSHE Holdings [2021] NSWSC 608(Williams J)
Appeared for administrators (McGrath Nicol) (instructed by Norton Rose Fulbright).
Successful application for termination of deed of company arrangement and application for remuneration approval.
In re MF Global Australia Ltd (in liq)[2012] NSWSC 994; In re MF Global Australia Ltd (in liq) (No 2) [2012] NSWSC 1426; (2012) 267 FLR 27 (Black J)
Winding up of financial services business.
Appeared for Contracts for Difference Client Group and also on behalf of all Client Groups in final stages (instructed by Arnold Bloch Leibler).
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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).
Advice for industry on issues arising under the Insurance Contracts Act 1986 (Cth) and Life Insurance Act 1995 (Cth).
Law Society of South Australia/Law Guard Management (since 2019)
Professional indemnity scheme issues (instructed direct).
LawCover (since 2018)
Appointed Mediator in numerous professional negligence claims.
Australian Unity (2025) (instructed by Herbert Smith Freehills Kramer).
Noble Oak Life (2025) (instructed by King & Wood Mallesons).
Royal Automobile Association of South Australia (2025) (instructed by King & Wood Mallesons).
Barich v Zurich Australia & RI Advice Group (NSWSC 2022/265912)
Acted for Zurich (instructed by Turks Legal).
Income protection claim.
Settled at mediation 2025.
Martin v Commonwealth Superannuation Corporation(NSWSC 2018/277432)
Appeared for CSC as trustee for the Public Sector Superannuation Scheme (instructed by Ashurst).
Income protection insurance claim.
Settled 2020.
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
Appeared for senior managers of foreign reinsurer following collapse of HIH Insurance Ltd and evidence to the Royal Commission (instructed by Minter Ellison).
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Raptis Properties v One Managed Investment Funds Ltd atf Diversified Fund (Supreme Court of South Australia no. CIV-23-002352) (settled 2025)
Acted for investment manager Capital Property Funds Ltd & executive director (instructed by Corrs Chambers Westgarth).
Defence of cross-claim by responsible entity of diversified property fund.
Australian Securities & Investments Commission v Responsible Entity (confidential) (2023)
Acted for responsible entity of horse-breeding and horse racing schemes (instructed by Hall & Wilcox)
License cancellation hearing for alleged non-compliance with Chapter 5C, Corporations Act 2001 (Cth) re financial reporting.
‘No further action’ confirmation obtained from ASIC.
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First Super (2024-2026)
Acting for trustee of industry super fund First Super (instructed by Ashurst).
Australian Prudential Regulation Authority investigation followed by civil penalty proceedings: Australian Prudential Regulation Authority v O’Connor (VID898/2024) (McElwaine J) seeking disqualification of trustee chair.
Confidentiality applications on behalf of licensee.
Alleged non-compliance with Superannuation Industry (Supervision) Act 1993 (Cth) s 52A in connection with trade union services contract negotiation.
Australian Prudential Regulation Authority investigation into trustee of industry super fund (2022)
Acted for trustee of industry super fund (instructed by Ashurst).
Alleged non-compliance with APRA Prudential Standard CPS 520 Fit and Proper.
Australian Prudential Regulation Authority investigation into EISS Super (2021-2022)
Acted for trustee of Energy Industries Superannuation Scheme (instructed by Dentons).
Licensee investigation; additional conditions imposed.
Compliance with APRA Prudential Standard CPS 520 Fit and Proper.
Royal Commission into Misconduct in Banking, Superannuation & Financial Services Industry(2018-2019)
Appeared for the Commonwealth Bank of Australia & Aussie Home Loans (instructed by Clayton Utz).
Advice to banks and licensed superannuation fund trustees (various)
Compliance with statutory obligations, Operational Standards, and APRA Prudential Standards.
APRA Investigations and prudential reviews.
Imposition of additional licence conditions and making of APRA directions.
Applications for APRA approval of changes in control.
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Khalafallah v Director, Professional Services Review Agency & Anor. (Federal Court NSD44/2025)
Acted for medical specialist (instructed by Hall & Wilcox).
Judicial review application of decisions re Medicare billing and professional services.
Successfully quashed two adverse decisions of agency by consent final orders 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.
Successfully quashed adverse access decision by Comcare.
Lehrmann v Network Ten (Trial Judgment) [2024] FCA 369 (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).
Successfully obtained orders concerning public interest immunity and witness availability issues.
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.
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Royal Commission into the Robodebt Scheme (2022-2023)
Senior Counsel for the Commonwealth of Australia.
Chaired by the former Chief Justice of Queensland, the Hon. Catherine Holmes AC.
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)
Senior Counsel Assisting.
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.
Established in response to the devastating 2019-20 bushfire season in Australia, the Commission was tasked with examining the national arrangements for dealing with natural disasters and making recommendations for improvement.
Commission examined 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)
Senior Counsel for the Commonwealth Bank of Australia & Aussie Home Loans (instructed by Clayton Utz).
Chaired by former High Court justice, the Hon. Kenneth Hayne AC KC.
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)
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).
NSW Public Inquiry into Charitable Fundraising (aka the RSL Inquiry)(2017-2018)
Appeared for RSL LifeCare in public inquiry (instructed by Clayton Utz).
Chaired by former NSW Chief Judge in Equity, the Hon. Patricia Bergin SC.
Also acted in related investigation by the Australian Charities and Not-for-profits Commission, resolved by a Court enforceable undertaking.
James Hardie Special Commission of Inquiry (2004)
Junior Counsel Assisting.
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)
Appeared for Hannover Re re alleged sham reinsurance contracts (instructed by Minter Ellison).
Subsequently appeared in related proceedings against the Australian Prudential Regulation Authority (X & Y v APRA (2007) 226 CLR 630), and in defence of a shareholder class action (instructed by Minter Ellison).
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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 on commercial contract (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).
Re AUSCOAL Superannuation P/L atf Mine Superannuation Fund[2024] NSWSC 32 (Robb J)
Appeared for Mine Super trustee (instructed by Mills Oakley).
Judicial advice application.
Funding of defined benefits scheme in context of pending merger with TWUSUPER to become Team Super.
[Media]
Advice to trustee (instructed by Jones Day)
Aware Super (2022)
Advice to Aware Super trustee (instructed by King & Wood Mallesons)
Re Energy Industries Superannuation Scheme [2022] NSWSC 1202 (Ball J)
Appeared for EISS trustee (instructed by Dentons).
Judicial advice re trust deed amendment in context of ongoing regulatory investigations.
Re SCS Super P/L atf Australian Catholic Superannuation Fund[2022] NSWSC 686 (Hallen J)
Appeared for Australian Catholic Super trustee (instructed by Minter Ellison).
Judicial advice.
Re NGS Super P/L atf NGS Super [2021] NSWSC 1694 (Henry J)
Appeared for Non-Government Schools Super trustee (instructed by Minter Ellison).
Judicial advice.
Re Care Super (No 1) [2021] VSC 805 and Re Care Super(No 2) [2021] VSC 854 (Lyons J)
Appeared for trustee (instructed by Mills Oakley).
Judicial advice re exercise of trustee power to charge remuneration to fund risk reserve; ownership of shares in trustee company; lost trust deed.
Re QSuper Board [2021] QSC 276 (Kelly J)
Appeared for Queensland Public Sector Superannuation Scheme trustee (instructed by King & Wood Mallesons).
Landmark judicial advice application to amend trust deed authorising introduction of a fee charging power to build a fund to pay for potential Commonwealth fines and penalties.
Qantas Super (2020)
Advised trustee of Qantas Super in context of staff stand-downs due to Covid-19 pandemic (instructed by King & Wood Mallesons).
Re NULIS Nominees (Australia) Ltd (Supreme Court of New South Wales, unrep, 8 August 2020, Foster J)
For MLC Super Fund trustee (instructed by Minter Ellison).
Judicial advice re lost trust deed amending terms of Elders IXL trust.