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Litigation and Dispute Resolution
Wright Prospecting: Douglas acted for the successful lead plaintiff in the High Court in relation to $130 million of outstanding Royalties for 2 mines, Eastern Range and Channar. Success in this matter protected the future income stream from these two mines, which is substantial. This matter related to two separate appeals, one from our client, Wright Prospecting, and the other from Rio Tinto. See Mount Bruce Mining v Wright Prospecting (2015) 256 CLR 104.
Alinta: Acted for Alinta in defending an action by South 32 and its joint venture participants in the Worsley Joint Venture, which related to a gas supply agreement and raised force majeure issues. The claim arose from the Varanus Island explosion in 2008 which resulted in massive disruption to the domestic gas market in WA, having vast implications for gas suppliers and customers.
Royal Commissions and Inquiries: Douglas regularly acts in Royal Commissions and inquiries, including most recently advising a national aged care provider in the Royal Commission into Aged Care Quality and Safety.
ICAC investigations: Douglas has acted on a number of ICAC and ACCC investigations for Government departments / private sector clients, including whistle blower investigations, allegations of corruption, including in instances involving contractor engagement, procurement and tender manipulation.
Government: Douglas acts for Federal, State and Local Government departments and utilities, including Statutory Corporations on a wide range of matters. These entities include the Department of Defence, Department of Education, Employment and Workplace Relations, State Port Authorities, Australian Rail Track Corporation and UrbanGrowth.
Rothschild & Co Australia Limited: Douglas acted to recover transaction fees (Federal Court proceeding NSD 649/2019 Rothschild ats Maoneng).
Australian Listed Financial Institutions: Douglas acts for various Australian retail banks and ASX listed financial services companies in superior Court proceedings involving common law and statutory claims arising from financial service businesses.
Australian Taxation Office: Acting on instructions from the ATO in relation to defamation claims, including acting for the Commissioner of Taxation defending defamation proceedings brought against him by Sydney accountant Vanda Gould in the Federal Court of Australia, which included the Commissioner's application for access to information and documents held by the ATO to defend the proceedings (Jordan v Gould NSD 1735 of 2017. Douglas also acted in a related matter Jordan, Commissioner of Taxation v Second Commissioner of Taxation NSD 180 of 2019).
Real property and lease disputes
Pacific National: Acted for Pacific National in a dispute in the Supreme Court of NSW in relation to repair obligations arising under a lease of railway sidings. The case was ultimately settled at mediation.
Woolworths Group Limited: Douglas advised Woolworths on various property and leasing aspects of its successful A$1.7bn sale of Woolworths-owned fuel and convenience sites to EG Group. Doug is also acting for Woolworths in NSW Supreme Court proceedings related to a contractual dispute with a private developer.
Walker Corporation: Douglas acts in a variety of matters arising from its construction and property development activities throughout NSW, Victoria and South Australia.
International / private law
Firebird Global Master Fund v Republic of Nauru: Acted for the appellant in registering and enforcing a foreign judgment against a sovereign state culminating in the High Court. See Firebird Global Master Fund II v Republic of Nauru (2015) 258 CLR 31.
See Litigation and Dispute Resolution
Investigations and Crisis Management
Regulatory investigations: Douglas regularly acts for financial services organisations in regulatory matters, including ASIC investigation and prosecutions.
International Financial Services Group: Douglas acted for the Australian subsidiary of an international financial services group in relation to an inquiry by the NSW Police Fraud & Cyber Squad.
Royal Commissions and Inquiries: Douglas regularly acts in Royal Commissions and inquiries, including most recently advising a national aged care provider in the Royal Commission into Aged Care Quality and Safety.
ICAC investigations: Douglas has acted on a number of ICAC and ACCC investigations for Government departments / private sector clients, including whistle blower investigations, allegations of corruption, including in instances involving contractor engagement, procurement and tender manipulation.
Australian Taxation Office: Acting on instructions from the ATO in relation to defamation claims, including acting for the Commissioner of Taxation defending defamation proceedings brought against him by Sydney accountant Vanda Gould in the Federal Court of Australia, which included the Commissioner's application for access to information and documents held by the ATO to defend the proceedings (Jordan v Gould NSD 1735 of 2017. Douglas also acted in a related matter Jordan, Commissioner of Taxation v Second Commissioner of Taxation NSD 180 of 2019).
Large telecommunications provider: Advised on various defamation and media issues.
Commonwealth Department of Defence: Douglas has acted for the Department in relation to various related proceedings in the Supreme Court of NSW concerning contentious and highly sensitive public interest disclosure and defamation allegations.
French v Fraser: Douglas represented the plaintiff in a significant defamation claim. This included a successful outcome for the plaintiff, whereby Brendan French was awarded $300,000 as a result of Michael Fraser's defamation and aggravating conduct.
McMillan v Federal Capital Press: Douglas acted for the plaintiff for defamation in relation to a publication of an article that appeared in the Canberra Times. The proceedings were ultimately settled.
See Investigations and Crisis Management
White Collar Crime and Investigations
International Financial Services Group: Douglas acted for the Australian subsidiary of an international financial services group in relation to an inquiry by the NSW Police Fraud & Cyber Squad.
ICAC investigations: Douglas has acted on a number of ICAC and ACCC investigations for Government departments / private sector clients, including whistle blower investigations, allegations of corruption, including in instances involving contractor engagement, procurement and tender manipulation.
See White Collar Crime and Investigations
Energy and Resources
Wright Prospecting: Douglas acted for the successful lead plaintiff in the High Court in relation to $130 million of outstanding Royalties for 2 mines, Eastern Range and Channar. Success in this matter protected the future income stream from these two mines, which is substantial. This matter related to two separate appeals, one from our client, Wright Prospecting, and the other from Rio Tinto. See Mount Bruce Mining v Wright Prospecting (2015) 256 CLR 104.
Arrium (OneSteel): Douglas acted in an insurance dispute involving business interruption claims against insurers and reinsurers - this involved working co-operatively with Arrium's SA based law firm; acted in NSW Supreme Court litigation in a contract claim concerning site remediation.
See Energy and Resources
Social Media
As well as heading up our Social Media group, Douglas advises and acts for various private sector and government entities on defamation, misleading conduct and brand/reputational protection and regulatory issues arising from social media.
Australian retail banks and financial services entities: Acted for various Australian retail banks and financial services entities in relation to defamation allegations by former financial advisers.
Australian Taxation Office: Acting on instructions from the ATO in relation to defamation claims, including acting for the Commissioner of Taxation defending defamation proceedings brought against him by Sydney accountant Vanda Gould in the Federal Court of Australia, which included the Commissioner's application for access to information and documents held by the ATO to defend the proceedings (Jordan v Gould NSD 1735 of 2017. Douglas also acted in the related matter Jordan, Commissioner of Taxation v Second Commissioner of Taxation NSD 180 of 2019).
Commonwealth Department of Defence: Douglas is acting for the Department in relation to various related proceedings in the Supreme Court of NSW concerning contentious and highly sensitive public interest disclosure and defamation allegations.
French v Fraser: Douglas represented the plaintiff in a significant defamation claim. This included a successful outcome for the plaintiff, whereby Brendan French was awarded $300,000 as a result of Michael Fraser's defamation and aggravating conduct.
McMillan v Federal Capital Press: Douglas acted for the plaintiff for defamation in relation to a publication of an article that appeared in the Canberra Times. The proceedings were ultimately settled.
See Social Media
Insurance and Risk
ANZ Wealth: Advising ANZ Wealth on a large and complex insurance liability recovery arising from the fraudulent and other misconduct of a financial adviser, which since 2018 has been the subject of Supreme Court litigation.
Enerpac Tool Group: Douglas acted for one of three respondents in proceedings filed in the Admiralty Division of the Federal Court. The proceeding is essentially a maritime negligence claim for loss and damaged claimed to have been suffered by the applicants, the occupier and operator of a coal terminal, during Cyclone Dylan in January 2014.
Arrium (OneSteel): Douglas acted in an insurance dispute involving business interruption claims against insurers and reinsurers - this involved working co-operatively with Arrium's SA based law firm; acted in NSW Supreme Court litigation in a contract claim concerning site remediation.
See Insurance and Risk