Joelene is a dynamic and experienced litigator with a broad range of commercial litigation and professional indemnity experience in all major Australian jurisdictions.
Joelene also provides advice in financial lines and monitoring, major D&O claims and class actions, including in advising and acting for directors and corporations in relation to governance disputes and regulatory inquiries.
Joelene’s experience includes disputes in commercial agreements, corporate governance, insurance and reinsurance coverage, professional indemnity, constitutional and administrative law, trusts and estate, and intellectual property.
Particular examples of Joelene’s experience are:
- 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 ICSID
- Acting for a party to a major domestic commercial arbitration conducted pursuant to the Commercial Arbitration Act 2012 (WA): Rinehart v Hancock Prospecting Pty Ltd (2019) 267 CLR 514
- Conducting the successful defence of a professional negligence claim against a solicitor arising out of a property development: Shoal Bay Beach Constructions No 1 Pty Ltd v Hickey & Ors  NSWCA 23
- Conducting the successful defences of misleading and deceptive conduct claims against trustees in connection with property developments: Gilmore Finance Pty Ltd v Aesthete Pty Ltd & Ors  NSWCA 279; Gilmore Finance Pty Ltd v Aesthete Pty Ltd & Ors  NSWSC 557
- Conducting a successful application by a creditor for leave to commence a derivative suit against a liquidator of a company: In the matter of Barokes Pty Ltd (in liq)  VSC 642
- 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  NSWSC 1279
- Obtaining clarification and confirmation of the application of advocates’ immunity in the context of criminal proceedings: Jimenez v Watson  NSWCA 55
- Conducting proceedings concerning a statutory body’s exercise of powers to obtain information: Racing New South Wales v Fletcher (2020) 379 ALR 778
- 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
- Acting for Reinsurers of NAB in defence of proceedings in the Federal Court of Australia seeking cover of over $670 million in claims relating to the mis-selling of lending products in the UK
- Advising and acting for excess D&O insurers in the Dick Smith class action claim arising from the collapse of Dick Smith in 2016
- Acting for insurers of the CBA in relation to coverage and monitoring arising from the $700 million civil penalty imposed on the Bank for contraventions of the AML/CTF Act, and subsequent securities class action proceedings
- Advising and acting for the second excess D&O insurers in the Vocation securities class action claim, which involved allegations of breaches of continuous disclosure obligations/misleading or deceptive conduct and settled in 2021 for a publicly disclosed amount of approximately $50 million