Grace Ness
Clayton Utz
Grace Ness is a Special Counsel in our Melbourne commercial litigation team, specialising in class actions and product liability. She helps clients navigate complex disputes, including major pharmaceutical, automotive, and shareholder class actions. Grace provides clear, practical advice in relation to the Australian Consumer Law, regulatory compliance, product approvals and recalls. Her approach centres on delivering effective solutions tailored to each client’s needs, and balancing the cultivation of key regulator relationships with the strategic management of litigation risk.
Toyota Motor Corporation Australia: managing two high profile class actions, both the first of their kind in Australia, the first in relation to the performance of its Diesel Particulate Filter (DPF) in compliance with Australian Design Regulations, the second being a class action issued in the Supreme Court of Victoria in relation to the emissions controls utilised in diesel vehicles to reduce pollutant emissions in compliance with Australian Design Regulations.
Australian and international manufacturing clients: providing advice to Australian and international companies regarding notification requirements to the ACCC of voluntary recalls and injury reporting and managing ongoing regulatory engagement. Separately providing advice regarding importation and sale of products in the Australian market, including compliance with various safety, labelling and approval requirements..
Johnson & Johnson Medical Pty Limited, Ethicon Sarl and Ethicon Inc.: acted in a class action in the Federal Court concerning pelvic mesh medical devices.
Myer: successfully defended a shareholder class action in the Federal Court involving allegations that Myer engaged in misleading or deceptive conduct and contravened its continuous disclosure obligations.
Financial Services Royal Commission: acted for CBA in its response to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.