Expand allCollapse all
Litigation and Dispute Resolution
Boral: Xuelin acted for Boral in proceedings against a joint venture partner involving a multi-million dollar claim for the proceeds of sale from a property development.
Myer: Xuelin acted for Myer in proceedings commenced against a high-end women's fashion designer for breach of an exclusivity supply contract.
Shell (Viva Energy): Xuelin acted for Shell in defence of a claim made by a neighbour for a prescriptive easement over property owned by Shell in Carlton, Victoria.
Spotless: Xuelin acted for Spotless against a former employee and a competitor in proceedings involving claims that the ex-employee had, during the course of his employment, provided confidential information to a competitor and used that information for the benefit of the competitor.
St George Bank: Xuelin acted for the bank in numerous matters involving large recoveries of debts pursuant to loan facilities, mortgages and guarantees.
PPG: Xuelin defended PPG in proceedings commenced by the landlord for unpaid rent and outgoings after PPG vacated the premises over concerns about the safety and structural condition of the premises.
See Litigation and Dispute Resolution
Investigations and Crisis Management
ASIC investigations: Xuelin regularly acts for clients in ASIC investigations across a range of issues. For example, she has acted for the directors of Gunns Ltd, ANZ and the CEO of Mariner Corporation Ltd.
ACCC investigations: Xuelin regularly acts for clients in ACCC investigations. For example, she has defended Origin in ACCC proceedings involving allegations of misleading and deceptive conduct and false misrepresentations in internet and contract material issued as part of an advertising campaign.
See Investigations and Crisis Management
Governance and Compliance
See Investigations and Crisis Management matters above.
See Governance and Compliance
ACCC investigations: Xuelin acted for clients in ACCC investigations, including in the defence of Origin in ACCC proceedings involving allegations of misleading and deceptive conduct and false misrepresentations in internet and contract material issued as part of an advertising campaign.
Restructuring and Insolvency
Centro: Xuelin acted for Centro Retail Trust on its restructure, including the court approval of a $5.4 billion aggregation transaction. This restructure is acknowledged as being one of the most, if not the most, complex restructures ever undertaken in Australia.
Spotless: Xuelin acted for Spotless in respect of the sale of all its shares to private equity firm Pacific Equity Partners pursuant to a scheme of arrangement.
Pitcher Partners: Xuelin acted for liquidators in proceedings commenced for freezing orders and the recovery of millions of dollars which a director had taken from a company. The funds had been fraudulently obtained, by way of fuel tax credits, from the ATO.
See Restructuring and Insolvency
Centrelink: Xuelin has been seconded to Centrelink as ACT Advocacy Site Manager and Principal Legal Services Officer. She was responsible for managing litigation concerning claims for welfare payments, providing administrative law advices to business areas and assisting in the development of the Commonwealth's income management framework.
Commonwealth: Xuelin acted for the Commonwealth as amicus curiae in High Court proceedings in support of the position of Central Bayside Division of General Practice that government funding with "strings attached" does not affect a body's charitable status, at least where the body is independent from the government and the mechanisms are necessary for financial accountability.
Department of Defence: Xuelin defended the Commonwealth (as represented by Defence) in proceedings commenced by a contractor for damages in respect of a contract for the provision of various services (eg. catering, merchandising, sponsorship, publications) at the RAAF 75th Anniversary celebration events which were scheduled to be held at various locations around Australia.
Department of Immigration: Xuelin appeared for the Department in a range of merits review proceedings concerning citizenship and visa applications. She has also been seconded to the Department, during which time she instructed panel firms in litigation matters, undertook policy liaison and analysis, and presented at administrative law strategy discussions.
Australian Human Rights Commission (formerly HREOC): Xuelin defended HREOC in a number of proceedings involving the judicial review of decisions and conduct of its officers, which related to claims of discrimination.
Medicare Australia (formerly Health Insurance Commission): Xuelin acted for Medicare Australia in numerous matters involving the recovery of moneys from doctors and pharmacists as part of the Medicare scheme and the Pharmaceutical Benefits Scheme.
National Disability Insurance Agency: Xuelin has been seconded to the NDIA as Principal Lawyer who managed the litigation team. She was responsible for overseeing litigation nationally, and also advised internal stakeholders the operation of the regulatory framework for the National Disability Insurance Scheme.
See Government Services