image of Gareth JenkinsGareth Jenkins

Clayton Utz Partner , Brisbane T +61 7 3292 7208 +61 438 477 881 https://www.claytonutz.com

Gareth's practice focus is commercial litigation/arbitration, alternative dispute resolution and complex dispute management strategies. He has extensive experience in conducting large, multi-layered commercial disputes. 

Gareth acts for resource companies, financiers, major corporations, administrators and liquidators, government owned corporations and government instrumentalities in a wide range of disputes, as well as for banks and other financiers in complex commercial litigation and also in matters involving the investigation powers of regulatory bodies such as the ASIC.

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Expertise

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Restructuring and Insolvency

Insolvency

  • Foster's Group Limited: Gareth acted for the Foster's Group in defending proceedings brought by the Liquidator of the Emanuel Group of Companies. This complex matter involved litigation in the Supreme Courts of both South Australia and Queensland and in the Federal Court of Australia as well as investigations by the ASIC.
  • Public Trustee of Queensland: Providing general insolvency and litigation advice as well as strategic advice in relation to a number of complex commercial/insolvency matters including the liquidation of Octaviar Limited (formerly MFS Limited). Octaviar has been one of the largest and longest-running collapses in Australian corporate history.
  • Monto Minerals: Gareth represented the administrators and deed administrators of the Monto Group in a sale program for the assets of the Group, implementing the Deeds of Company Arrangement and advisingon the successful recapitalisation of the listed entity (a shell recapitalisation as opposed to a corporate recapitalisation).
  • Building materials manufacturer: Gareth acted in a complex preference recovery action by the liquidator of Australian Building Industries Pty Ltd involving section 588FF of the Corporations Act and the rights of parties affected by orders obtained ex parte to have orders set aside.

See Restructuring and Insolvency

Litigation and Dispute Resolution

  • Tarong Energy:  Gareth conducted the defence of Federal Court of Australia proceedings involving a claim by a potential fuel supplier alleging our client had misused its market power in relation to acquisition of future coal supplies.
  • Bank of Queensland: This was a complex claim brought against BOQ arising out of a failed joint venture to replace its fleet of ATMs.  The action involved proceedings in the New South Wales and Queensland Supreme Courts.
  • Magellan Metals: This dispute arose from a catastrophic lead spill from the Esperance Port which resulted in widespread contamination in Esperance, WA. The incident prompted a Western Australia Parliamentary Inquiry and Gareth acted for Magellan Metals in public hearings, development of a disaster recovery plan and media strategy.
  • Wright Prospecting: This dispute arose from a catastrophic lead spill from the Esperance Port which resulted in widespread contamination in Esperance, WA. The incident prompted a Western Australia Parliamentary Inquiry and Gareth acted for Magellan Metals in public hearings, development of a disaster recovery plan and media strategy.
  • Alcan Alumina: Acted for Alcan in relation to a complex valuation and stamp duty dispute involving the Gove Alumina Refinery. This matter was ultimately resolved in the High Court and is an ongoing authority with respect to "land rich" transactions and taxation/duties law. 
  • Alcan (Rio Tinto): This dispute arose from the restructure of the alumina refinery operation at Nhulunbuy in the Northern Territory. It involved a stamp duty claim by the Northern Territory government based on a view that the restructure involved a transfer of refinery assets. The case was ultimately decided in the High Court and provided clarification on the concept of "land" and "land rich" transactions in relation to duty law.
  • BESIX: This dispute arises from the construction of a breakwater at the Wheatstone Project in the Pilbara, WA. Gareth acts for BESIX, a Belgian-based construction and engineering company, in a dispute arising from a quarry products supply agreement. This matter is ongoing in the Supreme Court of WA and involves not just defending the claim by the plaintiff but also managing the joint venture relationship with Thiess.

See Litigation and Dispute Resolution

Energy and Resources

  • Monto Minerals: Gareth represented the administrators and deed administrators of the Monto Group in a sale program for the assets of the Group, implementing the Deeds of Company Arrangement and advisingon the successful recapitalisation of the listed entity (a shell recapitalisation as opposed to a corporate recapitalisation).
  • Tarong Energy:  Gareth conducted the defence of Federal Court of Australia proceedings involving a claim by a potential fuel supplier alleging our client had misused its market power in relation to acquisition of future coal supplies.
  • Magellan Metals: This dispute arose from a catastrophic lead spill from the Esperance Port which resulted in widespread contamination in Esperance, WA. The incident prompted a Western Australia Parliamentary Inquiry and Gareth acted for Magellan Metals in public hearings, development of a disaster recovery plan and media strategy.
  • Wright Prospecting: This dispute arose from a catastrophic lead spill from the Esperance Port which resulted in widespread contamination in Esperance, WA. The incident prompted a Western Australia Parliamentary Inquiry and Gareth acted for Magellan Metals in public hearings, development of a disaster recovery plan and media strategy.
  • Alcan Alumina: Acted for Alcan in relation to a complex valuation and stamp duty dispute involving the Gove Alumina Refinery. This matter was ultimately resolved in the High Court and is an ongoing authority with respect to "land rich" transactions and taxation/duties law. 
  • Alcan (Rio Tinto): This dispute arose from the restructure of the alumina refinery operation at Nhulunbuy in the Northern Territory. It involved a stamp duty claim by the Northern Territory government based on a view that the restructure involved a transfer of refinery assets. The case was ultimately decided in the High Court and provided clarification on the concept of "land" and "land rich" transactions in relation to duty law.
  • BESIX: This dispute arises from the construction of a breakwater at the Wheatstone Project in the Pilbara, WA. Gareth acts for BESIX, a Belgian-based construction and engineering company, in a dispute arising from a quarry products supply agreement. This matter is ongoing in the Supreme Court of WA and involves not just defending the claim by the plaintiff but also managing the joint venture relationship with Thiess.

See Energy and Resources

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