Specialising in administrative and public law and litigation, Cain has advised a range of government clients on statutory interpretation, administrative law, policy development and implementation, legislative drafting, privacy and freedom of information (FOI). 

Cain also advises food and agribusiness clients on food law, chemicals issues, import and export regulations and quarantine.

Through his former role as General Counsel of Food Standards Australia New Zealand (FSANZ), Cain has direct government experience and a unique understanding of navigating the public sector's unique challenges.

Read More

Expertise

Expand all

Administrative and Public Law

Cain regularly provides advice to a range of Commonwealth agencies on administrative law and decision-making matters. Cain's standout skills are providing pragmatic advice and actively managing legal risk in decision-making.

Commonwealth Agency: The agency was preparing to make a politically sensitive decision which was attracting significant media attention. Cain supported the agency by drafting briefings and statements of reasons which balanced its internal stakeholders' needs with the legal risks in the decision-making process.

Commonwealth Agency: The agency had made a series of decisions which it wanted to "un-make" without the need for litigation. Cain advised on the agency on the rules and risks and supported the agency to take a practical approach.

Commonwealth Agency: Cain advised the agency on practical ways to afford natural justice in circumstances where the traditional ways may not have worked.

Central Commonwealth Agency: The agency introduced a nationwide, two-day training program for employees in administrative law. Cain developed and delivered the training.

 

FOI and privacy

Cain advises clients on all aspects of information law. His experience includes acting for agencies in FOI matters before the Administrative Appeals Tribunal, preparing privacy impact assessments and advising on the interpretation and application of secrecy provisions.

Government corporation: Cain drafts FOI internal review decisions.

Government Agency: Cain prepared a privacy impact assessment for a major new policy initiative in such a way that it could assist and facilitate in the delivery of the project (by providing options and practical recommendations).

Government Agency: Cain provides ongoing, ad-hoc advice on privacy and secrecy for the agency.


Food and agribusiness

Cain's previous experience as General-Counsel for the bi-national food regulator FSANZ uniquely positions him to advise food and agribusiness clients on the broad range of food regulatory issues.

US-based food manufacturer: Cain is working with the manufacturer to provide advice on labelling and compositional compliance for the launch of a new product range.

International food manufacturer: Cain is advising the manufacturer on import and quarantine restrictions for heat-and-serve products.

Australian food manufacturer: Cain is advising the manufacturer on labelling and claims compliance for new advertising and marketing programmes.

See Administrative and Public Law

Litigation and Dispute Resolution

Cain acts for his clients in the Administrative Appeals Tribunal, the Federal Magistrates Court, the Federal Court and the High Court. His specialty is administrative law litigation and in particular judicial review.
Commonwealth Agency: Cain is advising and acting for the agency in judicial review proceedings involving a complex legislative scheme.

Commonwealth Agency: Cain successfully defended the agency's decision-making processes in the Federal Court.

Commonwealth Agency: Cain successfully acted for the agency in a high-value matter in the Administrative Appeals Tribunal, which involved several expert witnesses and a large amount of documentary evidence.

See Litigation and Dispute Resolution

Government Services

FOI and privacy

Cain advises clients on all aspects of information law. His experience includes acting for agencies in FOI matters before the Administrative Appeals Tribunal, preparing privacy impact assessments and advising on the interpretation and application of secrecy provisions.

Government corporation: Cain drafts FOI internal review decisions.

Government Agency: Cain prepared a privacy impact assessment for a major new policy initiative in such a way that it could assist and facilitate in the delivery of the project (by providing options and practical recommendations).

Government Agency: Cain provides ongoing, ad-hoc advice on privacy and secrecy for the agency.


See Government Services

Knowledge

    Related knowledge information is loading