Asialaw Profiles
The Guide to the legal markets of the Asia-Pacific

Allens Arthur Robinson has established itself as “one of the leading practices in commercial litigation and dispute resolution in Australia”, says a rival partner. The firm once again had another strong year and was involved in some of the highest profile cases.

For example, it advised News Limited in the Supreme Court against Publishing and Broadcasting Limited in a case that has now exceeded US$250 million. This is the largest and most complex piece of litigation currently before a Court in New South Wales.

Allens also advised Financial Wisdom in litigation brought by renowned Australian artist Ken Done. The dispute involved the financial planning subsidiary of Commonwealth Bank of Australia, among other parties, and related to mismanagement of an investment portfolio.

The past year saw Mallesons Stephen Jaques advised JHNIV in the highly publicised and unprecedented case of the Australian Securities and Investments Commission versus James Hardie Industries (JHIL).

In this complex case, ASIC alleged that an Information Memorandum (IM) for a 2001 scheme of arrangement that proposed the restructure of the James Hardie group was misleading. It claimed that the IM failed to disclose pertinent information relating to the meeting of JHIL’s future liabilities.

Another highlight for the team was acting for BHP Billiton in a US$2.1 billion losses claim by Saskatchewan relating to tax credits due as an incentive for the Jansen plant.

Atanaskovic Hartnell’s dispute team has developed a nice reputation for being “aggressive and thorough in its representation and cutting edge in knowledge and skills”, says a client. Peers in the litigation field are equally impressed. “The firm is certainly a tough opponent to handle.”

Star partner John Atanaskovic enjoys a “well known reputation within the legal industry as being a tough and aggressive negotiator, but also very skilled in the corporate area”, says another client.

The past year saw the team handling the ASIC case in the James Hardie civil penalty proceeding, with th firm representing four of the seven defendants.

Another notable transaction was advising International Finance Trust Company’s appeal to the High Court of Australia. This succeeded in having legislation declared unconstitutional and invalid on the basis of a constitutional doctrine in an earlier case.

“I would recommend Blake Dawson as it has the experience and skills required to run large scale litigation for a client”, says one satisfied client of the firm. The team has a strong bench of practitioners that are “well equipped in knowledge to make assessment of the advantages and disadvantages at hand”, adds another client.

Practice leader Ashley Wharton leads a practice that “has always provided timely advice that addresses both the strategic issues as well as the relevant details”.

The team advised the liquidators of Lehman Brothers Australia in the largest class action before the courts in Australia. The case involved representing Lehman Brothers’ estate in defending a US$378 million class action by investors involving financial products that were promoted by Lehman/Grange between 2003 and 2008.

The firm is also representing ANZ in defending a class action brought in the Federal Court in Melbourne by Maurice Blackburn. This is on behalf of customers to recover a range of fees charged by ANZ on consumer and business transaction accounts and credit cards.

The Clayton Utz dispute team had a busy year acting in high profile cases. For example, it advised Merrill Lynch in proceedings brought by Cheung Kong Infrastructure Holdings in the Federal Court arising from the failed sale of an iron sands mine in New Zealand for US$209 million.

Another deal highlight was representing ASIC in relation to civil proceedings brought against 12 defendants. This is a leading case on the duties of directors and officers. It is also the first case to establish that ASIC’s duty of fairness in civil penalty proceedings extends to calling witnesses to give evidence in certain circumstances.

“I rate Johnson Winter & Slattery very highly,” says one client, “in particular for its ability to be innovative in finding solutions.” Competitors of the firm also note: “The firm has a strong understanding of the national regulatory environment.”

Partner Tony Johnson is a highly skilled, experienced lawyer “who has a deep understanding of our business and the regulatory environment in which we operate” adds another client. “His tactical advice is critical. In fact, I would recommend any of lawyers at the firm as it has assembled a great team for what I require.”

Last year saw the firm advise ASIC on claims for compensation arising out of the collapse of companies in the Westpoint Group. This headline case contained complex sets of proceedings involving claims in the Federal and Supreme Courts in different states.

Clifford Chance has quickly settled into the Australian legal market. One satisfied client says: “I rate Clifford Chance positively against the very top firms in Australia.”

Advising client across an array of industries, another adds: “I would recommend the firm as its service and advice is fit for purpose.”

Last year, the firm acted for Mosaic Oil on its US$130 million takeover by AGL Energy by way of a court approved scheme of arrangement.

The past year saw the Gilbert + Tobin team busy advising Cement Australia on ACCC proceedings involving alleged breaches of the Competition and Consumer Act. This included an alleged misuse of market power and arrangements to substantially lessen competition in relation to the fly ash industry in Queensland.

The team also acted for National Telecom Group in a significant damages case against a Fairfax Media Group company.

The Norton Rose dispute resolution team considerably strengthened this year with the recruitment of the highly regarded Ernest Van Burren from Blake Dawson.

The team acted in two group proceedings arising from the Black Saturday bushfires, which occurred in Victoria in 2009. It also advised ERG Australia, which operates in the development and supply of integrated fare management and software systems for the transit industry. The proceedings were brought by Public Transport Ticketing Corporation, which was seeking US$87 million in damages.

Samaha & Associates

Samaha & Associates acted as plaintiff and cross-defendant for Macquarie Telecom in proceedings brought to the Supreme Court of NSW by a telecom reseller against a major corporate customer. The firm’s team was able to settle the matters, which involved early cancellation payments attacked as penalties, issues concerning quality of mobile telecom services, and misleading and deceptive conduct alleged at the time contracts were formed.

Wotton + Kearney

Wotton + Kearney acted for the primary Professional Indemnity and Directors & Officers insurers of stockbroker and securities lender, the Opes Prime group of companies. The case concerned Opes Prime’s collapse in April 2008, which resulted in losses exceeding US$648 million. The team worked on hundreds of claims across Australia and Southeast Asia.