Stuart Clark is a commercial litigator whose practice focuses on the defence of class actions and other complex litigation.  

He currently serves as President of the Law Council of Australia (LCA), the peak representative body for the Australian legal profession.

Stuart has been intimately involved in the development of Australian class action practice and procedure since the late 1980s. He has acted in the defence of some of Australia's most significant class actions, including complex product liability and economic loss-based class claims. He has a particular interest in securities and financial loss claims.

He also advises corporations, financial institutions, government agencies and individuals in relation to regulatory investigations and other inquiries.  These include Royal Commissions, investigations conducted by the NSW Independent Commission Against Corruption (ICAC) and similar agencies.  He also advises clients dealing with matters arising under foreign legislation, including the US Foreign Corrupt Practices Act (FCPA), the UK Bribery Act.

Stuart provides crisis management advice to a number of clients, both government and commercial. 

He writes and lectures extensively, both in Australia and overseas, in relation to class actions and complex litigation. His work in this field led to his appointment in 2010 as an Adjunct Professor at Macquarie University Law School.

Stuart is a Fellow of the Australian Institute of Company Directors and the Australian Academy of Law.

Read More

Expertise

Expand all

Class Actions

GD Search & CO and Monsanto: The successful defence of GD Searle & Co and Monsanto Corporation in the landmark Gravigard (Copper 7) intrauterine contraceptive device litigation. This quasi-class action was described by the trial judge in his judgment as: "the longest running and most complex product liability action yet heard in Australia".


Fen-Phen class action:
 The successful defence of the Australian Fen-Phen class action litigation. The class action proceedings were ultimately dismissed by the Federal Court of Australia with an order that the class plaintiff pay the costs incurred by the defendant in opposing the class action.


Sydney Water Corporation:
 Representing the Sydney Water Corporation in the Royal Commission arising out of contamination crisis that affected the Sydney water supply and two subsequent class actions in the Federal Court of Australia.

 

St Jude Medical Inc: The defence and subsequent resolution of the class actions that were brought against St Jude Medical Inc in relation to implantable cardiac pacemakers. The Courtney class action was the first involving a drug or medical device to be taken to verdict. The proceedings established a number of important principles in Australian class action jurisprudence.


BP Australian Limited:
 The successful defence of BP Australia Limited in class action proceedings in the Supreme Court of New South Wales. The class comprised petroleum retailers who were endeavouring to recover moneys paid to BP (which it had then paid on to the NSW Government) in respect of licence fees that the High Court of Australia held to be unconstitutional.

See Class Actions

Product Liability

GD Search & CO and Monsanto: The successful defence of GD Searle & Co and Monsanto Corporation in the landmark Gravigard (Copper 7) intrauterine contraceptive device litigation. This quasi-class action was described by the trial judge in his judgment as: "the longest running and most complex product liability action yet heard in Australia".

Fen-Phen class action: The successful defence of the Australian Fen-Phen class action litigation. The class action proceedings were ultimately dismissed by the Federal Court of Australia with an order that the class plaintiff pay the costs incurred by the defendant in opposing the class action.

 

Sydney Water Corporation: Representing the Sydney Water Corporation in the Royal Commission arising out of contamination crisis that affected the Sydney water supply and two subsequent class actions in the Federal Court of Australia.

 

St Jude Medical Inc: The defence and subsequent resolution of the class actions that were brought against St Jude Medical Inc in relation to implantable cardiac pacemakers. The Courtney class action was the first involving a drug or medical device to be taken to verdict. The proceedings established a number of important principles in Australian class action jurisprudence.

See Product Liability

White Collar Crime and Investigations

Prior to joining Clayton Utz as a partner Stuart practised as a barrister at the New South Wales Bar where his experience included prosecuting federal criminal cases on behalf of the federal Director of Public Prosecutions. Since joining Clayton Utz Stuart has acted in the defence of both corporations and individuals who have been charged with a range of white collar offences.

See White Collar Crime and Investigations

Pharmaceutical and Medical Devices

GD Search & CO and Monsanto: The successful defence of GD Searle & Co and Monsanto Corporation in the landmark Gravigard (Copper 7) intrauterine contraceptive device litigation. This quasi-class action was described by the trial judge in his judgment as: "the longest running and most complex product liability action yet heard in Australia".


Fen-Phen class action:
 The successful defence of the Australian Fen-Phen class action litigation. The class action proceedings were ultimately dismissed by the Federal Court of Australia with an order that the class plaintiff pay the costs incurred by the defendant in opposing the class action.


St Jude Medical Inc:
 The defence and subsequent resolution of the class actions that were brought against St Jude Medical Inc in relation to implantable cardiac pacemakers. The Courtney class action was the first involving a drug or medical device to be taken to verdict. The proceedings established a number of important principles in Australian class action jurisprudence.

See Pharmaceutical and Medical Devices

International Services

See International Services

Litigation and Dispute Resolution

Royal Commissions Investigations and Inquiries


Stuart represents corporations, government agencies and individuals who are the subject of investigations or inquiries in both Australia and in other parts of the world. His experience includes the representation of corporations, government agencies and individuals that are the subject of investigation by the NSW Independent Commission Against Corruption (ICAC), the US Department of Justice, the US Securities and the Exchange Commission and the US Food and Drug Administration. This work includes matters arising under the US Foreign Corrupt Practices Act. He also represents clients before both Federal and State parliamentary committees.

See Litigation and Dispute Resolution

Knowledge

    Related knowledge information is loading