Andrew Morrison is the Clayton Utz National Practice Group Leader of Commercial Litigation. Andrew is internationally recognised as a leading Australian class actions lawyer providing advice, advocacy and strategic guidance in the defence of products, financial and competition related multi-party claims. 

Andrew has defended some of Australia's highest profile class actions involving complex pharmaceutical, competition and commercial claims, with results shaping the development of Australia's class action law.

As a partner in Australia's premier product liability practice, Andrew has 20 years' experience in the defence of claims across a wide range of allegedly defective consumer goods.

From 2013-2016, Andrew was a member of the Clayton Utz national Board. 

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Expertise

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Litigation and Dispute Resolution

Tort and trade practices: A tort and trade practices litigator, Andrew has developed expertise in the related areas of product liability, complex personal injury, health law and class actions.  His prior experience includes defending medical and dental practitioners on instructions from mutual schemes, private insurers and the defence committee of professional associations.

Federal Court of Australia: Andrew has significant experience in the conduct of representative (class) actions in the Federal Court of Australia and consumer protection claims under Parts V and VA of the Trade Practices Act 1974 (Cth).  His experience in tort-based group litigation includes most of the major Australian product-related class actions involving intrauterine contraceptives, breast implants, diet pills, anti-acne medication and non-steroidal anti-inflammatory drugs.

Private enforcement class action: Andrew led the defence in Australia's largest resolved private enforcement class action arising from alleged anti-competitive conduct in the international vitamins industry during the 1990s. This action, which commenced before the ACCC had even begun penalty proceedings, was successfully reduced from a claim on behalf of the entire Australian human and animal nutrition supply chains (which included every Australian consumer) to a selected group of vitamins in the animal sector only.  In October 2006 the Federal Court approved a closed sum settlement scheme under which the respondents made commercial contributions without admission of liability.

Motor vehicle and motorcycle manufacturers: Andrew acts for Australian and international motor vehicle and motorcycle manufacturers with regards to product liability and owner care issues.

Defence of dust diseases claims: Andrew is also experienced in the defence of dust diseases claims in the Supreme Court of Victoria, the NSW Dust Diseases Tribunal and the Supreme Court of South Australia, especially those associated with occupational exposure to asbestos and wood dust.  Andrew and his team assist the firm's Australian and international clients sued in these difficult proceedings and in relation to insurance archaeology.

On this basis, Andrew assists the firm's major corporate clients in managing reputation and market-sensitive elements of their business so easily affected by product-related concerns and the prospect of group and representative claims.

Myer: acting in the Federal Court shareholder class action brought against the company by Mark Elliott's litigation company, Melbourne City Investments. He has previously worked with Myer in relation to ongoing compliance with the mandatory product safety and information standards and consumer product requirements under the Trade Practices Act 1974 (Cth). 

Medical Negligence: Acted in claims by insured general and specialist medical practitioners and allied health professionals on their professional indemnity policy through one of Australia's largest commercial insurers. 

See Litigation and Dispute Resolution

Class Actions

Tort and trade practices: A tort and trade practices litigator, Andrew has developed expertise in the related areas of product liability, complex personal injury, health law and class actions.  His prior experience includes defending medical and dental practitioners on instructions from mutual schemes, private insurers and the defence committee of professional associations.

Federal Court of Australia: Andrew has significant experience in the conduct of representative (class) actions in the Federal Court of Australia and consumer protection claims under Parts V and VA of the Trade Practices Act 1974 (Cth).  His experience in tort-based group litigation includes most of the major Australian product-related class actions involving intrauterine contraceptives, breast implants, diet pills, anti-acne medication and non-steroidal anti-inflammatory drugs.

Private enforcement class action: Andrew led the defence in Australia's largest resolved private enforcement class action arising from alleged anti-competitive conduct in the international vitamins industry during the 1990s. This action, which commenced before the ACCC had even begun penalty proceedings, was successfully reduced from a claim on behalf of the entire Australian human and animal nutrition supply chains (which included every Australian consumer) to a selected group of vitamins in the animal sector only.  In October 2006 the Federal Court approved a closed sum settlement scheme under which the respondents made commercial contributions without admission of liability. 

Merck & Co Inc. and MSDA: Andrew was a lead partner representing MSDA and Merck & Co Inc in the successful defence of Australian claims alleging cardiovascular injuries as a result of consumption of the COX-2 inhibitor VIOXX. Three original separate State class actions were consolidated into a group proceeding in the Victorian District Registry of the Federal Court of Australia. Our clients success was ultimately confirmed in the High Court.

Vitamins Cartel Private Enforcement Class Action: Andrew led the defence in Australia's largest resolved private enforcement class action arising from alleged anti-competitive conduct in the international vitamins industry during the 1990s. This action, which commenced before the ACCC had even begun penalty proceedings, was successfully reduced from a claim on behalf of the entire Australian human and animal nutrition supply chains (which included every Australian consumer) to a selected group of vitamins in the animal sector only.  In October 2006 the Federal Court approved a closed sum settlement scheme under which the respondents made commercial contributions without admission of liability.

Pharmaceutical products/Medical devices: Acted in a number of significant and complex individual personal injury actions and class actions for pharmaceutical products, medical devices and other products at the State and Federal levels.

City of Casey Landfill Contamination Class Action: The class action and associated cross claims arose out of the leakage of gas from a putrescible waste landfill at Stephensons Road in Cranbourne. It developed to become the largest multi cross-claimant indemnity action in the Supreme Court of Victoria. Andrew was brought in by the insurers of one defendant to assist to finalise the class action and to bring the action to a successful commercial resolution. This meant a result in which the insured's exposure reflected its limited historical involvement and commercial reality.

Department of Primary Industries: Advising the Department in relation to class action practice and procedure, in the context of proceedings against the State arising from the infection of the Victorian wild abalone population.

Longford Class Action: The lead class actions partner protecting the interests of a number of insurers and reinsurers in relation to the class action arising out of the Longford gas explosion and subsequent failure of Melbourne's gas supply. 

See Class Actions

Product Liability

Tort and trade practices: A tort and trade practices litigator, Andrew has developed expertise in the related areas of product liability, complex personal injury, health law and class actions.  His prior experience includes defending medical and dental practitioners on instructions from mutual schemes, private insurers and the defence committee of professional associations.

Federal Court of Australia: Andrew has significant experience in the conduct of representative (class) actions in the Federal Court of Australia and consumer protection claims under Parts V and VA of the Trade Practices Act 1974 (Cth).  His experience in tort-based group litigation includes most of the major Australian product-related class actions involving intrauterine contraceptives, breast implants, diet pills, anti-acne medication and non-steroidal anti-inflammatory drugs.

Private enforcement class action: Andrew led the defence in Australia's largest resolved private enforcement class action arising from alleged anti-competitive conduct in the international vitamins industry during the 1990s. This action, which commenced before the ACCC had even begun penalty proceedings, was successfully reduced from a claim on behalf of the entire Australian human and animal nutrition supply chains (which included every Australian consumer) to a selected group of vitamins in the animal sector only.  In October 2006 the Federal Court approved a closed sum settlement scheme under which the respondents made commercial contributions without admission of liability.  

 

Motor vehicle and motorcycle manufacturers: Andrew acts for Australian and international motor vehicle and motorcycle manufacturers with regards to product liability and owner care issues.

 

Defence of dust diseases claims: Andrew is also experienced in the defence of dust diseases claims in the Supreme Court of Victoria, the NSW Dust Diseases Tribunal and the Supreme Court of South Australia, especially those associated with occupational exposure to asbestos and wood dust.  Andrew and his team assist the firm's Australian and international clients sued in these difficult proceedings and in relation to insurance archaeology.


Medical Negligence: Acted in claims by insured general and specialist medical practitioners and allied health professionals on their professional indemnity policy through one of Australia's largest commercial insurers. 

On this basis, Andrew assists the firm's major corporate clients in managing reputation and market-sensitive elements of their business so easily affected by product-related concerns and the prospect of group and representative claims.

See Product Liability

Competition

Private enforcement class action: Andrew led the defence in Australia's largest resolved private enforcement class action arising from alleged anti-competitive conduct in the international vitamins industry during the 1990s. This action, which commenced before the ACCC had even begun penalty proceedings, was successfully reduced from a claim on behalf of the entire Australian human and animal nutrition supply chains (which included every Australian consumer) to a selected group of vitamins in the animal sector only.  In October 2006 the Federal Court approved a closed sum settlement scheme under which the respondents made commercial contributions without admission of liability.

See Competition

Environmental and Toxic Tort Litigation

Defence of dust diseases claims: Andrew is also experienced in the defence of dust diseases claims in the Supreme Court of Victoria, the NSW Dust Diseases Tribunal and the Supreme Court of South Australia, especially those associated with occupational exposure to asbestos and wood dust.  Andrew and his team assist the firm's Australian and international clients sued in these difficult proceedings and in relation to insurance archaeology.

City of Casey Landfill Contamination Class Action: The class action and associated cross claims arose out of the leakage of gas from a putrescible waste landfill at Stephensons Road in Cranbourne. It developed to become the largest multi cross-claimant indemnity action in the Supreme Court of Victoria. Andrew was brought in by the insurers of one defendant to assist to finalise the class action and to bring the action to a successful commercial resolution. This meant a result in which the insured's exposure reflected its limited historical involvement and commercial reality.

Department of Primary Industries: Advising the Department in relation to class action practice and procedure, in the context of proceedings against the State arising from the infection of the Victorian wild abalone population.

Longford Class Action: The lead class actions partner protecting the interests of a number of insurers and reinsurers in relation to the class action arising out of the Longford gas explosion and subsequent failure of Melbourne's gas supply.

BlueScope Water: advising on the investigation, product action and all aspects of the associated ACCC notification and engagement process regarding BlueScope Water's outdoor rainwater tanks.

On this basis, Andrew assists the firm's major corporate clients in managing reputation and market-sensitive elements of their business so easily affected by product-related concerns and the prospect of group and representative claims.

See Environmental and Toxic Tort Litigation

HealthCare and Life Sciences

Tort and trade practices: A tort and trade practices litigator, Andrew has developed expertise in the related areas of product liability, complex personal injury, health law and class actions.  His prior experience includes defending medical and dental practitioners on instructions from mutual schemes, private insurers and the defence committee of professional associations.

Federal Court of Australia: Andrew has significant experience in the conduct of representative (class) actions in the Federal Court of Australia and consumer protection claims under Parts V and VA of the Trade Practices Act 1974 (Cth).  His experience in tort-based group litigation includes most of the major Australian product-related class actions involving intrauterine contraceptives, breast implants, diet pills, anti-acne medication and non-steroidal anti-inflammatory drugs.

See HealthCare and Life Sciences

Investigations and Crisis Management

Defence of dust diseases claims: Andrew is also experienced in the defence of dust diseases claims in the Supreme Court of Victoria, the NSW Dust Diseases Tribunal and the Supreme Court of South Australia, especially those associated with occupational exposure to asbestos and wood dust.  Andrew and his team assist the firm's Australian and international clients sued in these difficult proceedings and in relation to insurance archaeology.

On this basis, Andrew assists the firm's major corporate clients in managing reputation and market-sensitive elements of their business so easily affected by product-related concerns and the prospect of group and representative claims.

See Investigations and Crisis Management

Knowledge

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