image of Scott GrahameScott Grahame

Clayton Utz Partner , Sydney T +61 2 9353 4676 +61 434 651 129 https://www.claytonutz.com

Scott is a commercial litigator with extensive experience in acting for clients in large scale commercial litigation, regulatory inquiries, mass consumer remediation programs and Royal Commissions.

Scott was one of the lead partners that acted for CBA in the Banking Royal Commission and APRA's inquiry into culture, governance and accountability. 

He regularly advises corporations facing regulatory investigations and consumer remediation litigation and compensation programs.
 
Scott is currently advising the Port of Newcastle on a range of access disputes with Glencore and the New South Wales Minerals Council.

He is experienced in acting for clients involved in Royal Commissions and acted for Anglicare in the Royal Commission into Aged Care Quality and Safety, nbn in the Royal Commission into Natural Disasters and Sunnyfield in the Disability Royal Commission. 

 

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Expertise

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Litigation and Dispute Resolution

Count Financial:  Scott is advising Count Financial in defending a class action in relation to the payment of commissions on financial products and / or life insurance. 

Port of Newcastle: Scott is advising the Port on a range of access disputes currently before the High Court of Australia and the Australian Competition Tribunal. 

ANZ: Scott acted for ANZ 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.

Macquarie Bank: Scott has acted for the Bank on a range of litigious financial planning matters.

New South Wales Government: Scott advised a NSW Government Department in relation to an internal investigation over the allocation of coal exploration licences.

Rugby Australia: Scott was the lead partner in relation to Rugby Australia's dispute in arbitration and litigation proceedings with the Western Force rugby team.

See Litigation and Dispute Resolution

Financial Services Regulatory

CBA: Scott regularly advises CBA on ASIC enforcement matters and in responding to statutory notices.

CBA: Scott is advising CBA on the defence of enforcement proceedings taken by ASIC in relation to monthly account fees on savings and transactions accounts.

CBA: 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.

CBA / APRA inquiry: Scott advised CBA in relation to APRA's inquiry into governance, culture and accountability in 2017 and 2018. Scott was 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 ANZ 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 Financial Planning and Financial Wisdom: Scott was involved in designing and implementing a large scale remediation program designed to meet revised licence conditions imposed by ASIC.  

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. 

See Financial Services Regulatory

Investigations and Crisis Management

Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability: Scott is providing strategic advice to Sunnyfield Disability Services Board and management on all aspects of the Disability Royal Commission.

Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry: Scott was one of the lead Clayton Utz partners who advised CBA on all aspects of the Banking Royal Commission and every round of hearings.

Royal Commission into Aged Care Quality and Safety: Scott acted for 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 arising from its participation in hearings.

Royal Commission into Natural disasters (Bushfires): Scott advised nbn in the Bushfire Royal Commission; including drafting written submissions and preparing nbn witnesses to give evidence to the Royal Commission.

See Investigations and Crisis Management

Knowledge

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