Trina Storm practises in commercial litigation competition and consumer law. She has conducted a wide range of civil litigation in both Western Australia and England for over 20 years.
Trina has acted for corporate clients and high net-worth individuals in relation to various disputes in the Federal Court (including on appeal), in the Western Australian Supreme Court and in International Arbitration. She has acted for a number of national and multi-national clients in disputes arising from contracts, joint ventures and royalty agreements for energy and resources projects.
Trina has conducted and managed investigations into anti-competitive practices and applications for immunity or leniency in a number of jurisdictions. She has advised clients in relation to informal merger clearances and in relation to compliance with the Australian Consumer Law, including acting in claims arising from misleading or deceptive conduct and unconscionable conduct.
Trina acted for a number of corporate clients in the UK leisure industry including project litigation involving the exercise of options to renew leases and concerning the anti-competitive effect of a beer tie in leases of public houses.
In addition, Trina acted for the owner of the UK national gas transmission system in a high profile matter concerning interference by protesters with the construction of a high pressure LNG pipeline.
In 2018, she was seconded to the Sydney competition team of Clayton Utz for 12 months.
Trina also specialises in advising Australian and international entities in relation to the reporting obligations arising under the Modern Slavery Act 2018 (Cth).
Expertise
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Litigation and Dispute Resolution
- Corporate: Acting for a company in a dispute with shareholders over directors' remuneration.
- Commercial: Advising and acting for the purchaser of a group of companies in a claim involving breaches of warranty and misleading or deceptive conduct.
- Oil and Gas Regulatory: Trina acted for Atlas Drilling in relation to the Commission of Inquiry into the Montara Wellhead Platform oil and gas leak in 2009.
- Joint Ventures: Trina acted for Wesfarmers Premier Coal Limited in a Supreme Court action concerning breach of a joint venture for the exploration and development of a coal resource which involved issues such as the proper exercise of a right of pre-emption, trusts and damages for loss of the opportunity to participate in a coal to liquids project concerning a lignite deposit north of Esperance, WA.
- Oil and Gas contractual dispute: Trina acted for the owners of productions licences situated in Northwest Western Australia in a dispute with the contractor providing the services of a Floating Production Storage and Offloading vessel. The dispute was conducted pursuant to the ICC Rules of Arbitration and involved contractual interpretation and complex evidence regarding the chemical and physical properties of the fluids produced.
- Property Dispute: Trina acted for a corporate client in a Supreme Court matter concerning sale of property and termination of contract for repudiatory breach which resulted in a multi-million dollar award of damages in favour of our client.
- Tax Controversy: Trina acted in a number of Federal Court cases in concert with the Clayton Utz Taxation Team concerning objections to assessment of taxation for both foreign and domestic entities, including the proper application of the US-Australia treaty for the avoidance of double taxation.
See Litigation and Dispute Resolution
Australian Consumer Law
- Unfair Contract Terms: Trina has advised an international airline on the application of the Unfair Contract Terms provisions of the Australian Consumer Law.
- Misleading or deceptive conduct: Trina acted for the purchaser of a business where the vendor had engaged in misleading and deceptive conduct.
- Safety defects: Trina acted for a global manufacturer responding to allegations that goods it manufactured were defective and caused a fire.
- Actions brought pursuant to the consumer protection provisions of the Competition and Consumer Act, particularly involving allegations of false and misleading conduct.
See Australian Consumer Law
International Arbitration
- Iron ore offtake disputes: Trina has acted for a number of parties involved in arbitrations concerning long term iron ore contracts including misrepresentation claims, breach of the purchaser's obligation to take nominated quantities and quantification of damages.
- Mining equipment: Trina acted on instructions from solicitors in the United Kingdom on behalf of the insurer of Komatsu Mining Germany GMBH, the manufacturer of mining plant and equipment, in relation to a claim brought against it in the Supreme Court of Western Australia. The case involved jurisdictional issues and was ultimately resolved through mediation.
See International Arbitration
Competition
- Competition investigations: Trina has simultaneously managed teams in New York, Denver, London, Sydney and Perth undertaking the collection and review of documentation concerning anti-competitive conduct in a number of jurisdictions. This has involved careful and close co-ordination with parts of the client organisation as well as a number of law firms.
- Pacific National: Trina acted for Pacific National in relation to litigation arising from its proposed acquisition of Acacia Ridge Terminal.
- Hydro Tasmania: Trina was on the team acting for Hydro Tasmania in an arbitration to determine ongoing gas transportation arrangements with Tasmanian Gas Pipeline Pty Ltd.
- Confidential client: Trina has advised an entity in relation to the potential competition issues arising from a prospective acquisition of transport services.
- Confidential client: Trina assisted a company bidding for the award of a management contract in respect of WA government owned infrastructure which was required to obtain clearance from the ACCC in respect of the potential award. The client was successful and the contract was awarded.
- Confidential client: Trina has advised a private organisation in relation to the acquisition of services to be shared with a government facility. This involved exploring various mechanisms including collective acquisition.
- Confidential client: Trina acted for the target of an acquisition in the advertising business which was the subject of a successful informal clearance application.
See Competition