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An experienced commercial and corporate litigator, Fred Prickett acts for publicly listed corporations, major private corporations and high wealth individuals in a broad range of matters.

His expertise includes complex contractual disputes, corporations law including directors' duties and shareholder disputes, investigations, competition and consumer law, property and lease disputes and professional negligence.  Fred has extensive experience dealing with regulators, especially ASIC and the ACCC.

Fred was the partner-in-charge of the Melbourne office of Clayton Utz from 2013 to 2016.

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Expertise

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Litigation and Dispute Resolution

Myer shareholder class action: Fred acted for Myer in defending the first shareholder class action to proceed to judgment in Australia.  The case, in the Federal Court, involved alleged contraventions of continuous disclosure obligations under the Corporations Act and misleading or deceptive conduct regarding the financial performance of Myer in FY15.  It was held that notwithstanding certain contraventions, no loss had been established.  The case was widely reported on and described to be "as landmark as it gets".

Myer: Fred also acts for Myer in a broad range of other matters including significant lease disputes with landlords, such as the defence of a claim brought in the Supreme Court of Victoria by the landlord of the Myer store at Chadstone shopping centre.  Myer was successful at trial and on appeal to the Court of Appeal.

Tatts Group: Fred acted for Tatts in a nine figure dispute with the State of Victoria relating to the expiry in 2012 of the licence held by Tatts to operate gaming machines in Victoria. In proceedings in the Supreme Court of Victoria, Tatts successfully claimed compensation together with interest of $540 million under an agreement entered into with the State in 1995. The judgment was upheld in the Court of Appeal but overturned in the High Court.

ASIC investigations and enforcement proceedings: Fred has acted for numerous listed companies and directors in relation to ASIC investigations and enforcement proceedings as well as related internal investigations, including into alleged breaches of directors' duties, continuous disclosure contraventions and insider trading.  Fred also acts for ASIC.

Centro: Fred acted for Centro Retail Trust on its restructure, including the court approval of a $5.4 billion aggregation transaction. This restructure is acknowledged as being one of the most, if not the most, complex restructures ever undertaken in Australia.

RACV: 
Fred acted for RACV in an eight figure dispute in the Supreme Court of Victoria concerning the lease of its former head office at 123 Queen Street, Melbourne.

Amcor:
 Fred was seconded as special general counsel of Amcor in 2005 to handle a major high profile price-fixing investigation conducted by the ACCC and related litigation.

Fletcher Building Group:
 Fred acted for Fletcher Insulation, the manufacturer of Pink Batts, in relation to the collapse of the Federal government's Home Insulation Program.

Toll Holdings: 
Fred acted in the litigation relating to the successful $6.1 billion takeover of Patrick Corporation by Toll, including proceedings in the Supreme Court of Victoria and the Federal Court. The matter involved multiple, large-scale and complex proceedings which played a crucial role in the outcome of the highest profile successful hostile takeover in recent Australian corporate history.

Edingbay: 
Fred acted for over 180 plaintiffs (all high wealth individuals) in multiple proceedings commenced in the Commercial List of the Supreme Court of Victoria against a law firm (Aroni Colman), a major accounting firm (Horwaths), a major Australian bank and the Legal Practice Board concerning a massive and highly publicised corporate fraud. The proceedings also involved as parties several other legal and accounting firms and numerous professional indemnity insurers.

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White Collar Crime and Investigations

ASIC investigations and enforcement proceedings: Fred has acted for numerous listed companies and directors in relation to ASIC investigations and enforcement proceedings as well as related internal investigations, including into alleged breaches of directors' duties, continuous disclosure contraventions and insider trading. Fred also acts for ASIC.

Amcor: Fred was seconded as special general counsel of Amcor in 2005 to handle a major high profile price-fixing investigation conducted by the ACCC and related litigation.

Edingbay: Fred acted for over 180 plaintiffs (all high wealth individuals) in multiple proceedings commenced in the Commercial List of the Supreme Court of Victoria against a law firm (Aroni Colman), a major accounting firm (Horwaths), a major Australian bank and the Legal Practice Board concerning a massive and highly publicised corporate fraud. The proceedings also involved as parties several other legal and accounting firms and numerous professional indemnity insurers.

See White Collar Crime and Investigations

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