Described by clients as "amazing, incredibly pragmatic, commercial, and engaged", Ross McInnes traverses the lifecycle of mass consumer disputes ‒ from early investigation and regulatory engagement, to developing and implementing remediation programs, and managing litigation and class action disputes ‒ so clients can understand and manage the risks at every stage.

Knowing that regulator investigations, enforcement and remediation can be precursors to class action litigation, Ross will often become involved at an early stage in contentious matters, to resolve consumer disputes and proactively manage class action risk.

Ross has been intimately involved in some of Australia's most recent large-scale consumer remediation programs. Starting with the initial strategic management of the issues, Ross works to implement and develop the consumer remediation programs, and, once they are operational, give ongoing strategic advice.

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Expertise

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Litigation and Dispute Resolution

Commonwealth Bank of Australia: Ross has been advising the Bank on the its Open Advice Review program, open to any customer who had received financial advice from CBA's financial planning businesses between 2003 and 2012. This matter has been particularly sensitive due to the controversy regarding the financial advice industry and is one of the most contentious issues facing the Australian legal sector now. The CBA Program, which is a whole of business, customer-focused remediation Program, is the largest program of its type in Australia and extremely important to the CBA business and brand.

Commonwealth Bank of Australia: Ross has also advised the Bank in relation to compliance with a licence conditions regime imposed by ASIC. This required it to address perceived inconsistencies in earlier remediation programs.

Commonwealth Bank of Australia: Represented Commonwealth Bank of Australia in defending a number of class actions, including proceedings commenced by ASIC and a class action commenced for and on behalf of a group of margin loan customers.

Merck & Co Inc and MSDA: Ross acted in one of the largest product liability class actions before the Australian courts, in the defence of claims by hundreds of group members who alleged they suffered cardiovascular injuries as a result of their consumption of the client's drug.

Jaguar Land Rover Australia: Ross has acted for Jaguar Land Rover for many years, providing a range of commercial and contentious advice and defending the company in litigious matters.

Eli Lilly: Ross acted for Lilly in a number of threatened class action claims. Clayton Utz assisted Lilly in its defence of a complex class action dispute involving a number of defendants. There were two class actions proceeding involving a class of drugs prescribed for the treatment of Parkinson's disease.

Class action advice: Ross has advised a range of clients considering mergers and acquisitions of target companies with class action liabilities. He has been involved in a number of transactions where the exposure to potential class actions has had a significant impact on the proposed acquisition.

Pharma regulatory and pricing: Ross works with the Product Liability team servicing a suite of clients and assisting them with regulatory and pricing advice and disputes.

Competition: Ross works with the Competition team providing litigation support in a range of contentious anti-trust work, including matters involving allegations of cartel behaviour, misuse of market power, and other restrictive trade practices allegations. Ross has written a range of articles on the interplay between class action litigation and regulator activity, particularly in the area of the competition law and the enforcement of the (former) Trade Practices Act.

Department of Defence: Ross successfully defended a class action commenced by former RAAF workers concerning exposure to toxic chemicals. Procedural and jurisdiction challenges to the class action resulted in the original class actions being struck out a few months after being filed.

See Litigation and Dispute Resolution

Class Actions

Citibank: Acting for Citibank in the "bank exception fees" class action. This matters is part of a large suite of class actions brought against the banks involving a purpose build litigation funder who is funding the claims.

Commonwealth Bank of Australia: Represented Commonwealth Bank of Australia in defending a number of class actions, including proceedings commenced by ASIC and a class action commenced for and on behalf of a group of margin loan customers.

Merck & Co Inc and MSDA: Ross acted in one of the largest product liability class actions before the Australian courts, in the defence of claims by hundreds of group members who alleged they suffered cardiovascular injuries as a result of their consumption of the client's drug. Eli Lilly: Acted for Lilly in a number of threatened class action claims. Clayton Utz assisted Lilly in its defence of a complex class action dispute involving a number of defendants. There were two class actions proceeding involving a class of drugs prescribed for the treatment of Parkinson's disease.

Class action advice: Ross has advised a range of clients considering mergers and acquisitions of target companies with class action liabilities. He has been involved in a number of transactions where the exposure to potential class actions has had a significant impact on the proposed acquisition.

Department of Defence: Ross successfully defended a class action commenced by former RAAF workers concerning exposure to toxic chemicals. Procedural and jurisdiction challenges to the class action resulted in the original class actions being struck out a few months after being filed.

See Class Actions

Product Liability

Merck & Co Inc and MSDA: Ross acted in one of the largest product liability class actions before the Australian courts, in the defence of claims by hundreds of group members who alleged they suffered cardiovascular injuries as a result of their consumption of the client's drug.

Eli Lilly: Acted for Lilly in a number of threatened class action claims. Clayton Utz is currently assisting Lilly in its defence of a complex class action dispute involving a number of defendants. There were two class actions proceeding involving a class of drugs prescribed for the treatment of Parkinson's disease.

St Jude Medical Inc: Ross acted in the defence of the resolution of class actions that were brought against St Jude Medical in relation to implantable cardiac pacemakers.

See Product Liability

Pharmaceutical and Medical Devices

Pharma regulatory and pricing: Ross works with the Product Liability team servicing a suite of clients and assisting them with regulatory and pricing advice and disputes.

Merck & Co Inc and MSDA: Ross acted in one of the largest product liability class actions before the Australian courts, in the defence of claims by hundreds of group members who alleged they suffered cardiovascular injuries as a result of their consumption of the client's drug.

Eli Lilly: Acted for Lilly in a number of threatened class action claims. Clayton Utz assisted Lilly in its defence of a complex class action dispute involving a number of defendants. There were two class actions proceeding involving a class of drugs prescribed for the treatment of Parkinson's disease.

St Jude Medical Inc: Ross acted in the defence of the resolution of class actions that were brought against St Jude Medical in relation to implantable cardiac pacemakers.

See Pharmaceutical and Medical Devices

Knowledge

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