Dispute Resolution & Risk Management

• Acting for the State of South Australia its successful defence of proceedings brought by the former Chief Executive of the Attorney General’s Department and Department of Justice, where issues included the application of departmental funds outside budgetary approval.
• Successfully appealing to the Full Court of the Federal Court on behalf of the former chairman of MTAA Super, and securing orders that the fund fully indemnify him in respect of costs incurred in defending claims that had been brought against him by MTAA Super.  The proceedings involved issues relating to the duties of a director/chairman of directors to the company, and the extent to which those duties might impact on a director’s right to indemnification from the company.
• Representing the Ombudsman in proceedings brought by the City of Charles Sturt in respect of the Ombudsman’s investigation into the revocation of Community Landstatus of the St Clair Reserve by the council.  The proceedings were resolved at mediation, and the investigation proceeded.
• Successfully striking out a claim in the preliminary stages of the proceedings brought against the Canadian multi-national, Ovivo, following the sale of an aspect of Ovivo’s Australian operations.
• Advising Adelaide Brighton in successfully managing the maritime claims arising out of the collision of the MV Accolade II with Klein Point wharf, and in the related recovery on marine insurance policies.
• Obtaining orders on behalf of Harris Scarfe as a result of the defendant being shown to have made insufficient disclosure of documents in the proceedings, including orders that the defendant pay substantial indemnity costs forthwith, during ongoing court proceedings brought by Harris Scarfe against its former Chief Buying Officer.