Nick Cooper is a partner in the national Clayton Utz Litigation and Dispute Resolution team, and partner-in-charge of the firm's Perth office.

With more than 20 years' experience in general commercial litigation, Nick works with clients who are active in a range of sectors to help them appropriately manage and achieve commercial outcomes in resolving their complex disputes. He has a special interest and experience in energy and resources litigation, professional negligence, regulatory investigations and proceedings, administrative law and insurance and risk.

Nick's clients include a wide variety of energy, mining and associated companies involved in contractual disputes and regulatory matters. Nick is also regularly instructed by MDA National, defending medical practitioners against negligence claims, regulatory investigations and disciplinary proceedings.

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Expertise

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Litigation and Dispute Resolution

Apache Energy: Nick acted for Apache Energy in relation to a dispute with a contractor concerning the provision of offshore marine geotechnical investigations and surveys. This resulted in a favourable settlement for Apache Energy.

Atlas Drilling: Acted in relation to the 2009 oil and gas leak on the Montara Wellhead Platform. Nick represented Atlas Drilling during the Montara Commission of Inquiry, which resulted in a favourable outcome for the client. He also acted for Atlas Drilling in relation to the investigation conducted by the National Offshore Petroleum Safety Authority, and advised in relation to insurance aspects arising from the total loss of Atlas Drilling's mobile offshore drilling unit.

 

CITIC Pacific Mining/Sino Iron: Acted in a dispute with a former contractor concerning the termination of a Manufacture and Supply Agreement. This matter resulted in a positive outcome for the client.

 

Confidential client: Nick acted for a contractor in a dispute concerning a services agreement in connection with the Gorgon Project. The dispute involved a forensic review of documentation to support various claims for fees under the agreement. Arbitration proceedings were prepared but a mediated settlement on terms favourable to the client was achieved.

 

Confidential client: Acted for a company in a dispute concerning the provision of engineering consultancy services in connection with a port terminal development. The relevant agreement governing the parties' relationship was terminated and a notice of arbitration issued. The dispute was subsequently resolved by way of mediation that resulted in the client receiving payment for the services it had provided.

 

EDL: Acted in an expert determination regarding forecasts and a proposed expansion under the West Kimberley Region Power Purchase Agreement.

 

FMG: Acted for FMG in relation to proceedings commenced by the Australian Securities and Investments Commission concerning alleged misleading statements made to the market and associated breach of continuous disclosure obligations.

 

Grange Resources: Nick provides day to day advice to Grange Resources in relation to its Savage River Iron Ore Mine operations and its Southdown Iron Ore Project.

 

Multiplex: Nick acted for Multiplex in relation to a dispute concerning the design and construction of the Perth Convention and Exhibition Centre.

 

Noble Resources International: Acting for Noble in relation to a dispute concerning a Pre-Payment Facility and Offtake Agreement for the supply of manganese ore mined from tenements in Zambia.

 

Parsons Brinckerhoff: Nick acts for this global consulting firm which assists public and private clients to plan, develop, design, construct, operate and maintain critical infrastructure.

 

PAG: Acting for one of Asia's largest alternative investment funds management firms to register and enforce a New Zealand judgment in Australia.

 

Wright Prospecting Pty Ltd: Acting in relation to significant disputes concerning royalty entitlements arising from the extraction of iron ore and proprietary interests in various mining tenements in Western Australia.

 

Regulatory Investigations & Proceedings


Confidential client: Acted for a high-profile director of a resources company interviewed by the Australian Securities and Investments Commission (ASIC) about insider trading allegations. No further steps were taken by ASIC against the company following the investigation.

 

Confidential client: Acted for a resources company responding to a notice to produce documents issued by the ASIC in relation to compliance with accounting standards. No further steps were taken by ASIC against the company following the investigation.

 

Confidential client: Acted for a resources company in relation to an investigation by ASIC concerned with insider trading allegations. Nick advised the company in responding to a notice to produce documents issued by ASIC, and also represented and advised the chairman of the company during compulsory section 19 interviews. No further steps were taken by ASIC against the company following the investigation.

 

Confidential client: Acted for an individual charged with false trading and market rigging under the Corporations Act 2001/

 

Confidential client: Acted for an individual in relation to an investigation by the Australian Crime Commission.

 

Confidential clients: Nick provides day to day advice to companies on a range of governance and compliance issues including continuous disclosure and directors' duties.

 

Confidential clients: Nick provides advice to numerous health professionals in relation to investigations by the Australian Health Practitioner Regulation Agency into their conduct, and representation in defending any subsequent disciplinary proceedings brought against those health professionals. Nick has successfully defended many medical practitioners in proceedings brought against them by the regulator.

 

Negligence claims


Confidential client:
 Nick defended a general practitioner against a negligence claim commenced by the estate of a deceased patient seeking damages arising from alleged delay in diagnosis of cancer.

 

Confidential client: Nick defended a specialist surgeon against a claim that he failed to warn a patient about the risk of a foam induced microembolism associated with the use foam sclerotherapy. The settlement was on terms extremely favourable to the client.

 

Confidential client: Defending a specialist medical practitioner against a claim that he failed to properly interpret certain MRI images with the consequence that the patient allegedly underwent unnecessary surgery which resulted in trauma causing paraplegia.

 

Confidential client: Defended an oncologist against a claim that he failed to inform a patient about the risks associated with the treatment of cancer including the risk of suffering from acute radiation necrosis. The settlement was on terms extremely favourable to the client. 


See Litigation and Dispute Resolution

Energy and Resources

Apache Energy: Nick acted for Apache Energy in relation to a dispute with a contractor concerning the provision of offshore marine geotechnical investigations and surveys. This resulted in a favourable settlement for Apache Energy.

Atlas Drilling: Acted in relation to the 2009 oil and gas leak on the Montara Wellhead Platform. Nick represented Atlas Drilling during the Montara Commission of Inquiry, which resulted in a favourable outcome for the client. He also acted for Atlas Drilling in relation to the investigation conducted by the National Offshore Petroleum Safety Authority, and advised in relation to insurance aspects arising from the total loss of Atlas Drilling's mobile offshore drilling unit.

 

CITIC Pacific Mining/Sino Iron: Acted in a dispute with a former contractor concerning the termination of a Manufacture and Supply Agreement. This matter resulted in a positive outcome for the client.

 

Confidential client: Nick acted for a contractor in a dispute concerning a services agreement in connection with the Gorgon Project. The dispute involved a forensic review of documentation to support various claims for fees under the agreement. Arbitration proceedings were prepared but a mediated settlement on terms favourable to the client was achieved.

 

EDL: Acted in an expert determination regarding forecasts and a proposed expansion under the West Kimberley Region Power Purchase Agreement.

 

FMG: Acted for FMG in relation to proceedings commenced by the Australian Securities and Investments Commission concerning alleged misleading statements made to the market and associated breach of continuous disclosure obligations.

 

Grange Resources: Nick provides day to day advice to Grange Resources in relation to its Savage River Iron Ore Mine operations and its Southdown Iron Ore Project.

 

Noble Resources International: Acting for Noble in relation to a dispute concerning a Pre-Payment Facility and Offtake Agreement for the supply of manganese ore mined from tenements in Zambia.

 

Wright Prospecting Pty Ltd: Acting in relation to significant disputes concerning royalty entitlements arising from the extraction of iron ore and proprietary interests in various mining tenements in Western Australia. 


See Energy and Resources

Governance and Compliance

Confidential client: Acted for a high-profile director of a resources company interviewed by the Australian Securities and Investments Commission (ASIC) about insider trading allegations. No further steps were taken by ASIC against the company following the investigation. 

Confidential client: Acted for a resources company responding to a notice to produce documents issued by ASIC in relation to compliance with accounting standards. No further steps were taken by ASIC against the company following the investigation.

 

Confidential client: Acted for a resources company in relation to an investigation by ASIC concerned with insider trading allegations. Nick advised the company in responding to a notice to produce documents issued by ASIC, and also represented and advised the chairman of the company during compulsory section 19 interviews. No further steps were taken by ASIC against the company following the investigation.

 

Confidential client: Acted for an individual charged with false trading and market rigging under the Corporations Act 2001.

 

Confidential client: Acted for an individual in relation to an investigation by the Australian Crime Commission.

 

Confidential clients: Nick provides day to day advice to companies on a range of governance and compliance issues including continuous disclosure and directors' duties.

 

Confidential clients: Nick provides advice to numerous health professionals in relation to investigations by the Australian Health Practitioner Regulation Agency into their conduct, and representation in defending any subsequent disciplinary proceedings brought against those health professionals. Nick has successfully defended many medical practitioners in proceedings brought against them by the regulator.  


See Governance and Compliance

Insurance and Risk

Advises various clients in relation to claims under contract works, D&O, business interruption and property damage policies. 

See Insurance and Risk

Investigations and Crisis Management

Confidential client: Acted for a high-profile director of a resources company interviewed by the Australian Securities and Investments Commission (ASIC) about insider trading allegations. No further steps were taken by ASIC against the company following the investigation.

Confidential client: Acted for a resources company responding to a notice to produce documents issued by the ASIC in relation to compliance with accounting standards. No further steps were taken by ASIC against the company following the investigation.

Confidential client: Acted for a resources company in relation to an investigation by ASIC concerned with insider trading allegations. Nick advised the company in responding to a notice to produce documents issued by ASIC, and also represented and advised the chairman of the company during compulsory section 19 interviews. No further steps were taken by ASIC against the company following the investigation.

Confidential client: Acted for an individual charged with false trading and market rigging under the Corporations Act 2001.

Confidential client: Acted for an individual in relation to an investigation by the Australian Crime Commission.

Confidential clients: Nick provides day to day advice to companies on a range of governance and compliance issues including continuous disclosure and directors' duties.

Confidential client: Nick is acting for a confidential client in relation to a fraud committed by a former contractor. Nick advised the company in relation to the forensic investigation and the preparation of the report. Nick the advised and represented the client in commencing a recovery action against the former contractor which included successfully obtaining a freezing order in the Supreme Court of Western Australia.

See Investigations and Crisis Management

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