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Scott Grahame's focus as a commercial litigator is on the special challenges faced by highly regulated clients ‒ such as financial institutions ‒ in resolving disputes and regulatory and internal investigations. Scott has extensive experience in advising clients on Royal Commissions and large-scale regulatory inquiries.

Scott regularly advises the Commonwealth Bank of Australia (CBA) in relation to large scale regulatory investigations and acted for CBA in relation to the APRA inquiry into culture, governance and accountability. He was also one of the lead partners for the Bank in the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry. In addition, Scott advised Anglicare in the Royal Commission into Aged Care Quality and Safety and is currently acting for Sunnyfield in the Disability Royal Commission.

Qualifications

Bachelor of Arts, Rhodes University, South Africa (1996)
Bachelor of Laws, Rhodes University, South Africa (1998)
Foreign Associate, Patterson Belknap Webb & Tyler LLP (2009 -2010)

Admitted To Practice

New South Wales (2002)
High Court of Australia (2003)

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Expertise

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Litigation and Dispute Resolution

Commonwealth Bank of Australia (CBA) / APRA inquiry: Scott was one of two Clayton Utz partners who advised CBA in relation to all aspects of APRA's inquiry into governance, culture and accountability in 2017 and 2018. Scott was largely responsible for preparing over 70 of the Bank's leadership team (including CBA Board members) to give their evidence to APRA and in responding to multiple requests from APRA for documentary evidence and written submissions. 

Commonwealth Bank of Australia: Scott advised the Bank on its Open Advice Review program, open to any customer who had received financial advice from CBA's financial planning businesses. This matter was particularly sensitive due to the controversy regarding the financial advice industry and is still one of the most contentious issues currently faced by the Australian legal sector. The CBA Program, which is a whole of business, customer-focused remediation Program, is the largest program of its type in Australia and integral to CBA's business and brand. 

Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry / CBA: Scott was one of the lead Clayton Utz partners who advised CBA on every Melbourne and Sydney round of the Banking Royal Commission during 2018. Scott was involved in formulating CBA's strategic response to the Banking Commission and led CBA's witness preparation team which involved preparing CBA's most senior executives (including the Chairman, Deputy CEO and Head of Home Buying) to give their evidence under incredibly tight deadlines while those executives met the demands of their daily jobs. Scott has become a trusted adviser to many of the CBA executives who relied on him to help them through the demands of the Banking Commission.

Royal Commission into Aged Care Quality and Safety: Scott advised Anglican Community Services (Anglicare), one of the largest providers of aged care services in Australia. Scott's role involved providing strategic advice to the Board and management on how best to prepare for the Royal Commission and manage any negative publicity. Scott also prepared Anglicare's witnesses on the case study into restrictive practices in aged care facilities.

Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability: Scott has provided strategic advice to Sunnyfield Disability Services Board and management on how to prepare for the demands of the Disability Royal Commission and engage with stakeholders.

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

Australian Rugby Union (ARU): Scott advised the ARU in relation to all aspects of the dispute with the Western Force rugby team.

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Banking and Finance

Commonwealth Bank of Australia: Scott advised the Bank on its Open Advice Review program, open to any customer who had received financial advice from CBA's financial planning businesses. This matter was particularly sensitive due to the controversy regarding the financial advice industry and is still one of the most contentious issues currently faced by the Australian legal sector. The CBA Program, which is a whole of business, customer-focused remediation Program, is the largest program of its type in Australia and integral to CBA's business and brand. 

Commonwealth Bank of Australia (CBA) / APRA inquiry:
Scott was one of two Clayton Utz partners who advised CBA in relation to all aspects of APRA's inquiry into governance, culture and accountability in 2017 and 2018. Scott was largely responsible for preparing over 70 of the Bank's leadership team (including CBA Board members) to give their evidence to APRA and in responding to multiple requests from APRA for documentary evidence and written submissions. 

ANZ:
Scott acted for the Bank in an ASIC investigation and enforcement action into alleged market manipulation in the BBSW market, and successfully settled civil penalty proceedings commenced in the Federal Court.  

Commonwealth Bank of Australia – Financial Planning/Revised Licence Conditions program:
Scott was the partner tasked with ensuring CBA's compliance with the bank's revised financial services licence conditions for their financial planning businesses. 

Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry / CBA:
Scott was one of the lead Clayton Utz partners who advised CBA on every Melbourne and Sydney round of the Banking Royal Commission during 2018. Scott was involved in formulating CBA's strategic response to the Banking Commission and led CBA's witness preparation team which involved preparing CBA's most senior executives (including the Chairman, Deputy CEO and Head of Home Buying) to give their evidence under incredibly tight deadlines while those executives met the demands of their daily jobs. Scott has become a trusted adviser to many of the CBA executives who relied on him to help them through the demands of the Banking Commission.

Stateplus:
Scott advised Stateplus on the design and implementation of a client remediation program, including in relation to engagement with ASIC on the design and methodology documentation.

Macquarie Bank:
Scott regularly advises the Bank in relation to various financial advice disputes. 

See Banking and Finance

Investigations and Crisis Management

Commonwealth Bank of Australia (CBA) / APRA inquiry: Scott was one of two Clayton Utz partners who advised CBA in relation to all aspects of APRA's inquiry into governance, culture and accountability in 2017 and 2018. Scott was largely responsible for preparing over 70 of the Bank's leadership team (including CBA Board members) to give their evidence to APRA and in responding to multiple requests from APRA for documentary evidence and written submissions. 

Commonwealth Bank of Australia:
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. 

ANZ:
Scott acted for the Bank in an ASIC investigation and enforcement action into alleged market manipulation in the BBSW market, and successfully settled civil penalty proceedings commenced in the Federal Court.  

See Investigations and Crisis Management

Knowledge

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