Drew Buckley

Clayton Utz
Special Counsel Canberra
Overview

Drew has extensive experience in commercial disputes and litigation and is a trusted advisor to a diverse range of government and public sector clients. Drew regularly acts and advises on contractual and common law claims, planning and property development disputes, and Royal Commissions and public inquiries.  Drew focuses on achieving commercial and practical outcomes, and assists his clients to effectively utilise dispute prevention strategies and alternative dispute resolution processes. Drew is committed to ensuring that his clients meet their objectives timely and efficiently.

Notable Work
  • ACT property developer: Acting for a large ACT property developer in proceedings in the Federal Court of Australia and the ACT Supreme Court concerning multi-use developments, including claims for breach of contract, negligence and breach of statutory duty. 

  • ACT owners corporation: Acting for the owners corporation for a 300+ unit apartment complex in defending proceedings challenging a statutory rectification order requiring the builder's nominee to complete extensive rectification work (valued in excess of $20m).  The owners corporation has been successful in proceedings in the ACT Civil and Administrative Tribunal and an appeal to the ACT Supreme Court.

  • Planning litigation: Acting in judicial review proceedings in the ACT Supreme Court and merits review proceedings in the ACT Civil and Administrative Tribunal concerning challenges to development application decisions, rates decisions, and lease variation charges.

  • Commonwealth Department: Successfully defending a Federal Court proceeding concerning alleged misleading or deceptive conduct and negligence in respect of a department's transition to use of an online platform to deliver a significant national program.  This included successfully opposing an application for urgent injunctive relief by a service provider, which would have significantly disrupted the implementation of the platform if granted.

  • Commonwealth Department: Developing and managing a large-scale process to resolve compensation claims by multiple service providers for breach of contract.

  • Leasing disputes for the Commonwealth: Acting for multiples Commonwealth agencies in disputes concerning their leased property portfolios, including in litigation, mediations and expert determinations.  

  • Department of Veterans' Affairs: Supporting the Department (including through a full-time secondment) with its engagement with various Royal Commissions, including The Royal Commission into Aged Care Quality and Safety, The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, and the Royal Commission into Defence and Veteran Suicide.

  • Royal Commission into the Robodebt Scheme: Acted for the Department of Social Services in relation to the Royal Commission into the Robodebt Scheme.

  • Insolvency proceedings: Acting in proceedings for insolvency practitioners and creditors, including conducting public examinations, applying for declarations and orders regarding administration and liquidation processes, and conducting winding up proceedings.  Provided key support to the administrators and liquidators of the National Heal Co-operative Limited, including obtaining a court-ordered extension to the administration convening period. This facilitated a successful business sale process and the orderly transfer of medical clinics without disruption to patient care.

  • Shareholders and directors disputes: Acting in disputes involving the shareholders and directors of companies, including shareholder oppression suits in the Federal Court of Australia and processes for the division and sale of assets.

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