Scott Grahame's main focus is on contractual disputes and tortious actions ‒ particularly in energy and resources markets ‒ mass consumer remediation, and regulatory investigations.

His work in regulatory investigations sees him dealing with complex factual and legal issues in a high-pressure, high-profile environment in which the client's reputation and business are on the line.

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Expertise

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Litigation and Dispute Resolution

Mass Consumer Remediation and Regulatory Engagement

Commonwealth Bank of Australia: Scott has been advising the Bank on 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: Scott has also advised the Bank in relation to compliance with a licence conditions regime imposed by ASIC. This required it to address perceived inadequacies in some earlier client remediation programs.

Litigation

WesTrac Pty Ltd: Scott acted for WesTrac in a variety of contractual disputes with third party suppliers.

OneSteel Recycling: Scott acted for OneSteel Recycling in relation to claims made for alleged breaches of a commercial lease.

UK pensions regulator: Scott acted for a UK pensions regulator to enforce a judgment of the UK High Court in Australia.

Westpac Banking Corporation: Scott acted for a major Australian bank in the Federal Court of Australia against an international accounting firm in a claim for contractual warranty breaches and misleading and deceptive conduct. 

Ardent ​Leisure: Scott advised this company in relation to various claims concerning alleged breaches of commercial leases and intellectual property disputes.

Middle East Construction company: Scott advised a company operating in the Middle East in relation to disputes with the head contractor, sub-contractor and third parties over the construction of large-scale hospitals.

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Insurance and Risk

Australian Rail Track Corporation Limited: Scott acted in relation to numerous claims with contractual counterparties and insurers.

Commonwealth Government: Scott advised the Commonwealth Government in relation to a large-scale insurance recovery concerning the collapse of Pan Pharmaceuticals.

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Energy and Resources

Integrated energy company: Scott advised this company in relation to competition law issues in the Australian gas industry.

Australian mining company: Scott advised this company in relation to entitlement to royalty payments under royalty agreements. The matter was contested by Rio Tinto in the Supreme Court of New South Wales, the New South Wales Court of Appeal and the High Court of Australia

NSW Department of Resources and Primary Industries: Scott advised a NSW Government Department in relation to internal investigation over the allocation of coal licences.

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International Arbitration

Canadian telecommunications company: Scott advised this company while working in NYC in relation to an international arbitration involving a sale of a telecommunications company in the French West Indies.

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Knowledge

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