Sally Stitz has significant experience in commercial litigation and dispute resolution, particularly for clients in financial services, corporate and energy sectors.

Sally has a particular specialty in conducting and managing complex litigation. Her experience includes commercial litigation and dispute resolution, class actions, insolvency and contentious regulatory investigations.

Sally has acted for leading retail and investment banks, insolvency practitioners, major corporations, energy and resources entities and government owned corporations in a broad range of contentious matters both in Australia and London.

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Expertise

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Litigation and Dispute Resolution

Sally is an experienced litigator. She has advised leading financial institutions, corporate clients and energy entities in relation to a broad range of contentious matters, with experience in Australia and London.  

Banking and Financial Services Litigation

  • Acting for HSBC Bank plc in the Bank Charges Test Case in London, including litigation between eight major retail financial institutions and their regulators to determine whether terms providing for unarranged overdraft charges constituted penalties or unfair terms.
  • Advising Australia's leading retail banks on a broad range of banking litigation and secured recovery matters, including contentious enforcement of bank securities, proceedings for possession of secured property, recoveries against guarantors, caveats, recoveries of mistaken payments, cheque cases and restitution.
  • Acting for investment banks and other financial institutions in litigious matters involving, for example, collateralised debt obligations and other debt securities and actions for recovery of foreign tax credits.
  • Advising the UK subsidiary of an international financial services provider on enforcement action undertaken by the former Financial Services Authority in London regarding its mortgage lending practice.

Commercial Litigation

  • Acting for corporate clients and government owned corporations on a diverse range of matters across multiple industries, including in relation to share sale disputes, directors' duties, members' remedies, restraints of trade, negligent valuations, negligent audits, asset sale agreements, prospectus and offering document liabilities, fraud, lease, licence and franchise disputes and stock lending issues.
  • Acting for Swiss and UK insurance companies on a portfolio of contentious matters following the collapse of several after the event legal expense insurance schemes.
  • Acting for government bodies in relation to legal liability and risk management issues.

Energy and Resources Litigation

  • Acting for energy and resources clients in a broad range of contentious and semi-contentious matters, including disputes about joint venture arrangements, project documents, off-take arrangements, operations and audits.  Sectors include coal, oil and gas.

See Litigation and Dispute Resolution

Class Actions

Sally's class action experience includes:

  • Acting for HSBC Bank plc in the Bank Charges Test Case in London, including the management of thousands of individual proceedings by customers pending the outcome of the test case.
  • Acting for Swiss and UK insurance companies in the TAG Group Litigation in London, involving the prosecution of over 600 solicitors for negligence and breach of contract in relation to the conduct of tens of thousands of individual matters. 
  • Acting for Deutsche Bank in numerous contentious matters arising from the collapse of the Parmalat Group, including the management of claims by tens of thousands of investors in Parmalat bonds and shares. 

See Class Actions

Restructuring and Insolvency

Sally has acted for financial institutions and insolvency practitioners in Australia and London, including:

  • Acting for the liquidators of two Octaviar Group subsidiaries in relation to the insolvent administration of those companies, including third party claims.
  • Advising the liquidators of Lehman Brothers Australia Limited (in liquidation) on the insurance related aspects of the winding up, involving an investor class action, successful settlement of claims on local and global insurance policies and the development of an investor claims resolution process.
  • Acting for Deutsche Bank in insolvency litigation arising from the collapse of the Parmalat Group including successfully settling multiple claims by the Italian Extraordinary Administrator, dealing with Italian criminal insolvency related proceedings and advising on the management of claims by tens of thousands of investors.
  • Acting for insolvency practitioners generally in relation to recovery, insolvency management and restructuring issues.  Prosecuting and defending claims for voidable transactions, breach of directors' duties and alleged sales at undervalue.
  • Acting for insolvency practitioners in urgent and contentious circumstances, including obtaining orders appointing administrators to the UK subsidiaries of major Icelandic banks.

See Restructuring and Insolvency

Insolvency

Sally has acted for financial institutions and insolvency practitioners in Australia and London, including:

  • Acting for the liquidators of two Octaviar Group subsidiaries in relation to the insolvent administration of those companies, including third party claims.
  • Advising the liquidators of Lehman Brothers Australia Limited (in liquidation) on the insurance related aspects of the winding up, involving an investor class action, successful settlement of claims on local and global insurance policies and the development of an investor claims resolution process.
  • Acting for Deutsche Bank in insolvency litigation arising from the collapse of the Parmalat Group including successfully settling multiple claims by the Italian Extraordinary Administrator, dealing with Italian criminal insolvency related proceedings and advising on the management of claims by tens of thousands of investors.
  • Acting for insolvency practitioners generally in relation to recovery, insolvency management and restructuring issues.  Prosecuting and defending claims for voidable transactions, breach of directors' duties and alleged sales at undervalue.
  • Acting for insolvency practitioners in urgent and contentious circumstances, including obtaining orders appointing administrators to the UK subsidiaries of major Icelandic banks.

See Insolvency

Investigations and Crisis Management

Sally's experience includes:

  • Advising the UK subsidiary of an international financial services provider on enforcement action undertaken by the former Financial Services Authority in London regarding its mortgage lending practice.
  • Advising on various investigations by the Office of Fair Trading, former Financial Services Authority and Serious Fraud Office in London. 
  • Undertaking internal investigations for financial institutions. 

See Investigations and Crisis Management

Knowledge

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