Sally Stitz is an experienced commercial litigator with a specialty in conducting and managing complex disputes, particularly for clients in the financial services, corporate and energy sectors.

Sally's experience includes commercial litigation and dispute resolution, insolvency, class actions and contentious regulatory investigations. 

Sally has acted for insolvency practitioners, leading retail and investment banks, major corporations, energy and resource 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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Restructuring and Insolvency

Insolvency

  • Octaviar Group: Acting for the liquidators of two Octaviar Group subsidiaries in relation to the insolvent administration of those companies, including the management of inter-company and creditor disputes and third party claims.
  • Lehman Brothers: 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.
  • Deutsche Bank: 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.
  • UK subsidiaries of major Icelandic banks: Acting for insolvency practitioners in urgent and contentious circumstances, including obtaining orders appointing administrators.

See Restructuring and Insolvency

Litigation and Dispute Resolution

Banking and Financial Services Litigation

  • HSBC: Acting in the Bank Charges Test Case and regulatory investigation in London, including litigation between eight major retail financial institutions and their regulator, and the management of thousands of proceedings between the bank and its customers, to determine whether terms providing for unarranged overdraft charges constituted penalties or unfair terms.
  • Australia's leading retail banks: Advising 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.
  • International investment banks: Acting in litigious and contentious regulatory matters involving, for example, collateralised debt obligations and other debt securities, rogue trading incidents and actions for recovery of foreign tax credits.

Commercial Litigation

  • Corporate clients: Acting on a diverse range of issues 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 and licence disputes and stock lending issues.
  • Energy and resource clients: Acting in a broad range of contentious matters, including disputes about joint venture arrangements, sale and purchase agreements, project documents, off-take arrangements, operations and audits.  Sectors include coal, oil and gas.

Government bodies: Advising in relation to legal liability and risk management issues. 

See Litigation and Dispute Resolution

Class Actions

  • TAG group litigation: 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.
  • HSBC: Acting for HSBC Bank plc in the Bank Charges Test Case and regulatory investigation in London, including litigation between eight major retail financial institutions and their regulator, and the management of thousands of proceedings between the bank and its customers, to determine whether terms providing for unarranged overdraft charges constituted penalties or unfair terms.
  • Deutsche Bank: Acting in numerous contentious matters arising from the collapse of the Parmalat Group, including advice on managing claims by tens of thousands of investors in Parmalat bonds and shares. 

See Class Actions

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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