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Commercial Litigation & Arbitration



Much of our insurance and reinsurance work involves commercial litigation and dispute resolution. However, we do not exclusively act in insurance-related disputes and the skills developed in that area equally apply to general commercial litigation and arbitration.

Our team has developed an impressive track record of providing advice to and acting for corporations and individuals in major disputes and commercial litigation in other Australian jurisdictions.

Other Australian jurisdictions

  • ASIC and other regulatory inquiries (including Royal Commissions, ICAC Inquiries and Coronial Inquests)
  • Construction disputes Contract and other commercial disputes
  • Defamation
  • Equity and trust proceedings
  • Trade practices and competition
  • Administrative and constitutional
  • Arbitration including the conduct, recognition and enforcement of arbitral awards
  • Intellectual property Transnational disputes

Examples of our work

Whilst some of our work in this area is confidential, some recent examples of our experience include:

Acting for a State in recognition and enforcement proceedings pursuant to the International Arbitration Act 1974 (Cth) in the Federal Court of Australia arising out of a commercial arbitration conducted in the International Centre for Settlement and Investment Disputes

  • Acting for a party to a major domestic commercial arbitration conducted pursuant to the Commercial Arbitration Act 2010 (NSW): Rinehart v Hancock Prospecting Pty Ltd (2019) 267 CLR 514
  • Advising and acting for clients in connection with the participation in and recognition and enforcement of confidential international and commercial arbitrations

Appearing for and advising individuals and corporations in connection with the conduct of board investigations and examinations, inquests and investigations conducted by regulators including ASIC, ACCC and ICAC

Conducting subrogated proceedings under the Motor Accidents (Compensation) Commission Act 2014 (NT) in connection with the recall of defective airbag inflators

Conducting defamation proceedings in the Federal Court of Australia: V’landys v Australian Broadcasting Corporation (No 3) [2021] FCA 500

Conducting the successful defence of a $76 million professional negligence claim arising out of a commercial transaction: Australian Executor Trustees (SA) Ltd v Kerr (2021) 151 ACSR 204; Kerr v Australian Executor Trustees (SA) Limited [2019] NSWSC 1279

Conducting major litigation concerning the ownership of mining tenements in the Supreme Court of Western Australia: Hancock Prospecting Pty Ltd v DFD Rhodes Pty Ltd (2020) 55 WAR 435

Conducting proceedings concerning a statutory body’s exercise of powers to obtain information: Racing New South Wales v Fletcher (2020) 379 ALR 778

Conducting a major dispute concerning intellectual property and oppression proceedings in the Supreme Court of Victoria in conjunction with satellite litigation in Japan and China: Knights Quest Pty Ltd v Daiwa Can Company (2018) 366 ALR 557; Knights Quest Pty Ltd v Daiwa Can Company [2018] VSC 426

Conducting proceedings concerning breaches of directors’ duties and unconscionable conduct: Targus Group (UK) v Targus Australia (No 2) [2018] NSWSC 1322

Conducting proceedings concerning the application of public international law: Ure v The Commonwealth of Australia & Anor (2016) 236 FCR 458

Acting for the successful plaintiffs in a landmark family trust dispute: Hancock and Rinehart v Rinehart and Ors (2015) 106 ACSR 207

Conducting the successful defence of oppression proceedings: Australian Institute of Fitness Pty Limited v Australian Institute of Fitness (Vic/Tas) Pty Limited (No 3) (2015) 109 ACSR 369

Conducting constitutional challenges to New South Wales legislation: Duncan v Independent Commission Against Corruption (2015) 256 CLR 83; Duncan v New South Wales; NuCoal Resources Limited v New South Wales; Cascade Coal Pty Limited v New South Wales (2015) 255 CLR 388

Conducting the successful defence of proceedings arising from a share sale: Addenbrooke Pty Ltd v Duncan (No 2) (2017) 348 ALR 1; Addenbrooke Pty Limited v Duncan (No 6) (2015) 107 ACSR 600

Conducting the successful defence of restraint of trade and competition proceedings challenging the rules in respect of thoroughbred breeding in Australia: McHugh v Australian Jockey Club Limited (2014) 314 ALR 20

Acting for Racing NSW and Harness Racing NSW in obtaining landmark High Court judgments defending the constitutional validity of the race fields fees on thoroughbred and harness racing in NSW: Betfair Pty Ltd v Racing NSW (2012) 249 CLR 217; Sportsbet Pty Ltd v New South Wales (2012) 249 CLR 298

Conducting a major dispute concerning the ownership of intellectual property in the Federal Court of Australia: University of Western Australia v Gray (No. 20) (2008) 246 ALR 603

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