image of Karen IngramKaren Ingram

Clayton Utz Partner , Sydney T +61 2 9353 4589 https://www.claytonutz.com

An expert in project managing large-scale litigation, Karen Ingram specialises in complex commercial litigation and disputes, particularly Corporations Act disputes, private equity disputes and alternative dispute resolution.  

Using her specialised knowledge of Corporations Act disputes, Karen advises her clients on disputes over directors' duties, shareholder rights and remedies and schemes of arrangement. 

She is also an expert in advising private equity investors on disputes over the acquisition, disposal and daily operation of portfolio companies. 

Karen's particular interest in dispute resolution, such as informal negotiations, facilitation of dispute resolution procedure and structured mediations, means her clients get a practical, tailored approach to the resolution of their disputes.

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Expertise

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Litigation and Dispute Resolution

Complex commercial litigation

Financial Services Royal Commission: Karen was part of the core team advising the Commonwealth Bank of Australia in its response to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry. Karen led a national team in excess of 100 lawyers, partners and Forensic Technology specialists, and was responsible for CBA's response to over 120 urgent notices over 12 months.   

NSW Ministry of Health and Sydney Local Health District: Karen acted at first instance and on appeal in two proceedings concerning possession of land, construction of a hospital and car park, and a claim for mesne profits damages. The NSW Court of Appeal determined both matters in favour of SLHD. Both matters are now on special leave to the High Court. These matters involve contractual and construction disputes, financial loss, environmental law, and recovery from the counter-party by repossession of land and recovery of judgment sums and legal costs.

Noble Group Holdings: Karen is acting in disputes concerning mining and commodities royalty and marketing contracts, both in and out of court.

Project Mastery: Acting for Mitsubishi Jisho Residence in proceedings commenced by Crown Group Holdings in the Supreme Court of NSW concerning the Shareholder Deed governing the joint venture to develop land in Waterloo, Sydney. The current dispute involves the Supreme Court litigation as well as a contractual mediation process and Karen is also advising MJR on strategy with regards to its investment.

RMS and TfNSW: Advising in relation to dispute avoidance and dispute management and risk mitigation for the relevant sub-streams of the remaining interest in the WestConnex road network. This involved the potential for contractual and construction disputes, financial loss, recovery from a third party (or the need to defend applications for recovery by a third party). Each stage was structured to facilitate a fast-tracked procurement to meet Government's timelines for the WestConnex scheme, so providing advice concerning the mitigation of potential risks was critical through the separate procurement of design and construction, operations and maintenance and finance.

Olbia Pty Ltd (Tenix): Karen has acted in a number of disputes arising from the sale of one of Australia's largest defence contracting conglomerates, involving an international mediation, negotiations with international and domestic defence-force agencies, insurance claims with internationally-based reinsurers, and Supreme Court litigation in two Australian jurisdictions. The matter was ultimately settled on commercial terms.

Retail Employees Superannuation Pty Ltd:Karen represented REST's operating subsidiary in a dispute concerning the exercise of pre-emptive rights under a partnership agreement in an expedited hearing in the Supreme Court and an expedited appeal to the Court of Appeal.

Woolworths Limited: Karen has represented Woolworths in various Supreme Court and Federal Court litigation matters, including investigations and crisis management, which were either settled on commercially acceptable terms or pursued to successful judgment.

Mayne Group Limited: Karen represented the client in Supreme Court commercial litigation over the disposal of its logistics business.


Corporations Act litigation

Morningstar Inc: 
Karen acted for the international ratings agency for fund managers, in relation to Corporations Act proceedings concerning breach of directors' duties and shareholder rights and remedies.

Symbion Health Limited: Karen acted in the defence of Federal Court litigation for Symbion Health Ltd and its board of directors, involving claims of breach of directors' duties.

Healthscope Group and Officers: Karen acted in two Supreme Court proceedings concerning allegations of breach of contract, breach of fiduciary duty and breach of directors' duties. These claims were ultimately settled on commercial terms. 


Private equity litigation

Ironbridge Capital: Karen represented Ironbridge Capital and other institutional and non-institutional vendors in relation to the recovery of unpaid escrow amounts following the disposal of the Affinity Group Hospitals in 2005. The litigation was ultimately settled  on commercial terms.  Karen continues to act for Ironbridge and various of its portfolio companies as the need arises.

Pacific Equity Partners: Karen represented PEP and its then-portfolio company, TCG, in the defence of Federal Court litigation brought by global advertising agency WPP.  The litigation was ultimately settled and Karen continues to act for PEP's portfolio companies as the need arises.

See Litigation and Dispute Resolution

Investigations and Crisis Management

Financial Services Royal Commission: Karen was part of the core team advising the Commonwealth Bank of Australia in its response to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry. Karen led a national team in excess of 100 lawyers, partners and Forensic Technology specialists, and was responsible for CBA's response to over 120 urgent notices over 12 months.   

Woolworths Limited: Karen has represented Woolworths in various Supreme Court and Federal Court litigation matters, including investigations and crisis management, which were either settled on commercially acceptable terms or pursued to successful judgment.

See Investigations and Crisis Management

Healthcare and Life Sciences

NSW Ministry of Health and Sydney Local Health District: Karen acted at first instance and on appeal in two proceedings concerning possession of land, construction of a hospital and car park, and a claim for mesne profits damages. The NSW Court of Appeal determined both matters in favour of SLHD. Both matters are now on special leave to the High Court. These matters involve contractual and construction disputes, financial loss, environmental law, and recovery from the counter-party by repossession of land and recovery of judgment sums and legal costs.

Healthscope Group and Officers: Karen acted in two Supreme Court proceedings concerning allegations of breach of contract, breach of fiduciary duty and breach of directors' duties. These claims were ultimately settled on commercial terms. 

Symbion Health Limited: Karen acted in the defence of Federal Court litigation for Symbion Health Ltd and its board of directors, involving claims of breach of directors' duties.

See Healthcare and Life Sciences

Knowledge

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