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PROFILE

Timothy Price

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Director

ABOUT

Timothy

Tim is recognised as a leading Australian litigator with over 30 years of uniquely broad experience and an impressive track record.

Tim is a founding director of YPOL who advises on and conducts complex disputes in all Australian jurisdictions and private arbitrations. His experience includes disputes involving commercial agreements, corporate governance, constitutional and administrative law, trusts and estates, professional indemnity, competition, intellectual property, defamation, insurance and reinsurance coverage and forum and transnational disputes.

Tim has a reputation for getting to the heart of the case, working collaboratively with clients and counsel and providing considered, cost effective and strategic advice to his many individual and corporate clients.

  • Leading NSW Commercial Litigation & Dispute Resolution Lawyer in the 2021 Doyle’s Guide (Recommended in 2020).
  • Leading NSW Professional Indemnity Lawyers in the 2021 Doyle’s Guide (Leading in 2020; Recommended in 2019)
  • Who’s Who Legal, Global Leader in Insurance & Reinsurance – Recommended in 2021
  • Who’s Who Legal, National Leader in Australia & New Zealand – Insurance & Reinsurance – Recommended in 2021
  • Best Lawyers 2022, Insurance Law

DISTINCTIONS

AWARDS

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MEMBERSHIPS

RECENT

EXPERIENCE

Particular examples of Timothy’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 International Centre for Settlement and Investment Disputes
  • 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
  • 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 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 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 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
  • Acting for a successful public company in a dispute arising from the purchase of an insurance business including the actuarial valuation of insurance assets and liabilities: Calliden Group Limited v Australian Unity Limited [2010] NSWSC 263
  • 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
  • Conducting the successful defence of proceedings against solicitors arising from the exercise of options in an intellectual property venture and subsequent litigation: A I McLean Pty Limited & Anor v Hayson & Ors [2008] NSWSC 927
  • Conducting the first case involving a claim by a director for indemnity from a company for defamation losses incurred in his role as a director and associated defamation claim: NRMA v Whitlam (2007) 25 ACLC 688
  • Conducting proceedings involving film finance reinsurance coverage: Reinsurance Australia Corporation Limited v HIH & Ors [2003] FCA 803
  • Advising and acting in the leading Australian case on the application of a dishonesty exclusion to a professional indemnity policy: McCann v Switzerland Australia Insurance Limited (2000) 203 CLR 579
  • Conducting proceedings involving a transnational insurance coverage dispute concerning indemnity for CSR’s asbestos related claims: Cigna v CSR (1997) 189 CLR 345
  • Advising on the application of a statutory fund to cover losses to the compulsory professional indemnity scheme for lawyers in NSW arising from the collapse of HIH
  • Advising professional indemnity insurers on many of the major solicitors’ mortgage lending collapses
  • Advising in respect of the litigation and claims resolution strategy of the only Australia reinsurance company to successfully conclude a solvent run-off (ReAC)
  • Advising in the conduct and resolution of a major construction dispute concerning the parallel runway at Sydney Airport and associated insurance claims

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Timothy