Will Atfield
Clayton Utz
Partner
Melbourne
Recognised by peers as one to watch in Class Action Litigation
– Best Lawyers Australia
Overview
Experienced litigator, specialising in class actions and complex commercial disputes. Will has a particular interest in product liability and consumer law issues. He has a history of acting for clients in the pharmaceutical, medical device, automotive and consumer electronics industries.
Notable Work
- Bayer: acts in a class action commenced in the Victorian Supreme Court relating to the Essure contraceptive device.
- VW Group: acted in five class actions in the Federal Court of Australia, in respect of diesel emissions and regulatory issues.
- Johnson & Johnson Medical Pty Ltd, Ethicon Sàrl and Ethicon, Inc.: acted in a class action in the Federal Court concerning pelvic mesh medical devices.
- Product liability: acts for market-leading global Silicon Valley consumer electronics company in relation to several product liability proceedings involving lithium-ion batteries.
- Australian Consumer Law: acts for Australian and overseas clients in product liability, product safety and recall issues under the Australian Consumer Law.
- Illinois Tool Works: acted to recall multiple consumer goods that present a potential safety risk in Australia and New Zealand, and to design and implement a remediation scheme for products sold business-to-business.
- Automotive product liability: acts for Australian and international motor vehicle manufacturers with regards to product liability and owner care issues.
- Make-up and skincare products manufacturer: acts for a market-leading manufacturer in relation to product liability and regulatory compliance issues.
- Occupational health litigation: acts for clients in the defence of dust diseases claims in the Victorian Supreme Court and the NSW Dust Diseases Tribunal, especially those associated with occupational exposure to asbestos.
- Commonwealth Bank of Australia: acted in its response to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.
Insights
Certainty for class action funders as High Court greenlights common fund orders, but plaintiff firms miss out
6 Aug 2025 | Article
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High Court clarifies the availability of pre-mediation class closure: Lendlease v Pallas
25 Jun 2025 | Article
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CFOs are no longer UFOs: Galactic class action is good to go with its common fund order
23 May 2024 | Article
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New product standards for furniture: navigating the new regime to address toppling furniture
21 May 2024 | Article
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Justice in the class action context: recent developments in litigation funding
24 Nov 2023 | Article
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"Soft class closure" orders increase the chance of settlement at mediation
20 Oct 2023 | Article
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The ACCC's product safety focus for 2023-24: consumers online, sustainability and infant safety
19 Jul 2023 | Article
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Litigation funders watching for certainty on common fund orders in class actions
30 Mar 2023 | Article
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High Court ruling on foreign residents as group members in Australian class actions raises practical issues for respondents
12 Oct 2022 | Article
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The ACCC's product safety priorities for 2022/2023 – "Protecting Tomorrow's Consumers Today"
24 Jun 2022 | Article
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Can class action reform be expected from the new Labor Government - not a question of "if", but "when"?
26 May 2022 | Article
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Does the limitation clock tick on after an abandoned class action? The Federal Court has its say
12 May 2022 | Article
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After 30 years, class action regime still plagued with uncertainty
7 Mar 2022 | Article
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Supreme Court of Victoria grants first successful application to secure contingency fee class action funding arrangement
3 Mar 2022 | Article
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First contingency fee decision is another example of court discretion over funding class actions
28 Oct 2021 | Article
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Countdown continues until strict button battery standards become mandatory
22 Jul 2021 | Article
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Reforming Australia’s litigation funding and class actions 06: Common Fund Orders and legislative reform
27 May 2021 | Article
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Door shut for declassing motion in Richmond Valley Council v Jardine Lloyd Thompson
29 Apr 2021 | Article
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Product safety 101: Managing a recall to avoid crisis management
15 Apr 2021 | Article
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The ACCC's product safety focus in 2021: bikes, babies and button batteries included
1 Apr 2021 | Article
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Reforming Australia's litigation funding and class actions 02: increased regulation of litigation funding
18 Mar 2021 | Article
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Contingency fees now available for class actions in the Victorian Supreme Court, so expect more class actions
19 Jun 2020 | Article
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The divergence in the acceptance of Common Fund Orders continues post-Brewster – where to next?
28 May 2020 | Article
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Soft closure mis-deploys: another hurdle for class action settlements?
23 Apr 2020 | Article
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