Nicholas Mavrakis is the Clayton Utz National Practice Group Leader of Commercial Litigation.  Nicholas has over 20 years experience in managing large and complex litigation in commercial disputes, class actions, securities law, cartel disputes, fraud and tax disputes.

Nicholas advises domestic and international corporate and bank clients with their local and global disputes, regulatory and internal investigations and follow on regulatory enforcement action and court proceedings.

Nicholas has acted on major complex commercial litigation in a range of areas.  He also has extensive experience in complex investigations undertaken by Australian regulatory bodies, including ASIC investigations, ATO investigations, ACCC cartel investigations and bribery and corruption investigations.  He is regularly called upon by clients to assist with those investigations and with related class actions disputes. 

Nicholas has considerable experience working with overseas counsel on global disputes, and on investigations across a range of regulators in the US, Europe and Asia.

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Expertise

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Litigation and Dispute Resolution

Financial services disputes and investigations

 

Nicholas has acted for numerous clients in disputes and regulatory investigations, across a whole range of issues. This includes acting for companies such as Centro, Commonwealth Bank of Australia, JP Morgan Limited, Macquarie Group Limited, Australia And New Zealand Banking Group Limited, RBS Morgans Limited, Trust Company Limited and Challenger Limited.

 

Commonwealth Bank of Australia/Colonial First State: acted for Colonial First State in successfully resolving a class action arising out of its financial advisory business and a related ASIC investigation and a related ASIC investigation.

 

Australian Securities and Investment Commission v Citigroup: acted for the Australian Financial Markets Association in its involvement with the ASIC v Citigroup proceedings.

 

Commonwealth Bank of Australia: Storm Financial: acted for Commonwealth Bank in the investigation conducted by ASIC arising out of the collapse of Storm Financial. 

 

Taxation disputes

 

Macquarie Bank: acted for Macquarie Bank in various successful tax appeals against the Commissioner of Taxation concerning allegations of Part IVA and separately disallowance of certain tax deductions claimed by the bank arising out of its investment in R&D syndicates.

 

The Virgin Group: successfully acted in a tax appeal in the Federal Court of Australia for the Virgin Group against the Commissioner of Taxation involving the interpretation of complex international tax treaties. Also acted for the Aviva group, successfully defending it in proceedings in the Federal Court of Australia involving similar issues.

 

Other complex litigation

 

Korean Air Lines: acts for the airline in penalty proceedings commenced by the ACCC for price fixing conduct arising out of its air cargo business, and in a related class action.

 

Lenfest Communications Inc: acted in the successful defence of a complex litigation claim seeking damages in excess of $700 million against Lenfest Communications Inc.

 

Takeovers Panel: advised the Takeovers Panel in proceedings commenced by the Panel in the Federal Court of Australia arising from the Colonial Mirvac bid.

See Litigation and Dispute Resolution

Class Actions

Commonwealth Bank of Australia/Colonial First State: acted for Colonial First State in successfully resolving a class action arising out of its financial advisory business and a related ASIC investigation and a related ASIC investigation.

See Class Actions

Competition

Korean Air Lines: acts for the airline in penalty proceedings commenced by the ACCC for price fixing conduct arising out of its air cargo business, and in a related class action.

See Competition

Enforcement and Cartels

Korean Air Lines: acts for the airline in penalty proceedings commenced by the ACCC for price fixing conduct arising out of its air cargo business, and in a related class action.

See Enforcement and Cartels

Governance and Compliance

Financial services disputes and investigations: Nicholas has acted for numerous clients in disputes and regulatory investigations, across a whole range of issues. This includes acting for companies such as Centro, Commonwealth Bank of Australia, JP Morgan Limited, Macquarie Group Limited, Australia And New Zealand Banking Group Limited, RBS Morgans Limited, Trust Company Limited and Challenger Limited.

See Governance and Compliance

Investigations and Crisis Management

Financial services disputes and investigations: Nicholas has acted for numerous clients in disputes and regulatory investigations, across a whole range of issues. This includes acting for companies such as Centro, Commonwealth Bank of Australia, JP Morgan Limited, Macquarie Group Limited, Australia And New Zealand Banking Group Limited, RBS Morgans Limited, Trust Company Limited and Challenger Limited.

 

Korean Air Lines: acts for the airline in penalty proceedings commenced by the ACCC for price fixing conduct arising out of its air cargo business, and in a related class action.

 

Commonwealth Bank of Australia: Storm Financial: acted for Commonwealth Bank in the investigation conducted by ASIC arising out of the collapse of Storm Financial.

See Investigations and Crisis Management

Knowledge

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