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Litigation and Dispute Resolution
Lindsey has been part of a team advising Wright Prospecting Pty Limited on the construction of royalty agreements, potential litigation outcomes and other issues, and acting in various disputes in the Supreme Courts of New South Wales (including Court of Appeal) and Western Australia, and the High Court of Australia. This included a recent successful appeal to the High Court, in conjunction with Hancock Prospecting Pty Ltd, in respect of iron ore royalties payable by Hamersley Iron from the Channar mine in Western Australia.
Wright Prospecting also successfully defended an appeal in respect of royalties found payable to it (and Hancock Prospecting) from the nearby Eastern Ranges mine. Clayton Utz was ultimately successful in recovering the payment of royalties for the Channar and Eastern Range mines for Wright Prospecting. The decision also secures the payment of future royalties from those mines.
Lindsey has been acting for a corporate trustee services provider in defending a class action brought by debenture holders and related proceedings commenced by the liquidators in the Supreme Court of Victoria concerning the collapse of Banksia Securities Limited. Lindsey also assists on the various insolvency issues and associated Court proceedings that have arisen in this matter. The proceedings are ongoing, with a trial likely to take place in the first half of 2017.
Lindsey also previously acted for Lehman Brothers in numerous disputes involving allegations of misleading or deceptive conduct and breaches of fiduciary duty, contract and the duty of care owed to investors with respect to the placement of structured financial products (including in various proceedings in the Federal Court and Supreme Court of Queensland).
Lindsey recently acted for a property developer in relation to a dispute in the NSW Supreme Court and Court of Appeal regarding the termination of a project manager for a substantial residential development in NSW. The manager claimed substantial damages, primarily for loss of profits associated with the development. The outcome was a wholly successful defence of proceedings, and subsequently successful in securing dismissal of appeal to the NSW Court of Appeal for the appellants' non-payment of security for costs.
Defamation / reputation management
Lindsey regularly advises both private and public sector clients on defamation issues that can arise in a range of situations, such as the publication of results of investigations, submissions on government and privately-created websites and other publications defamatory of client employees.
Alternative dispute resolution
Lindsey has acted in many mediations across her practice to secure quicker and more cost-effective resolution of disputes, including multi-party mediations arising out of complex disputes. She has also previously acted for a mining company in a significant joint venture dispute in a domestic arbitration, and property clients in expert determinations.
See Litigation and Dispute Resolution