Shareholder class actions
Aristocrat
Acting for Aristocrat in Federal Court proceedings, arising from a
profit downgrade in 2003. This is the largest shareholder class actions in
Australia to be brought to trial (and now settled).
AWB
Acting for AWB in Federal Court proceedings, commenced by shareholders
alleging breaches by AWB of the ASX's continuous disclosure rules.
Ord Minnett
Representing Ord Minnett in proceedings brought by more than 100
investors, arising from trading in derivatives and equity financial products.
GIO
Advising various insurers on strategic aspects of the $600 million
shareholder class action being brought by former GIO shareholders against GIO's
directors, its advisors and insurers following the takeover by AMP.
Telstra
Acting for a number of witnesses and potential witnesses regarding the
class action which alleged that Telstra had failed to disclose a number of
material financial matters to the market.
Tax schemes
Acting for an insurer in a Federal Court class action brought by
group of retail investors against Cardinal Financial Securities and others,
arising from a tax-driven technology scheme. Unlike many other class actions,
this involved claims for pure economic loss, rather than personal injury, loss
or damage.
Myer Centre
Acting for shareholders/noteholders of Interchase Corporation in
class action proceedings in the Federal Court against officers of the company in
relation to a valuation which appeared in the prospectus for the failed Myer
Centre in Brisbane.
Asia
Acting for various insurers (Chubb, Federal Insurance and AIG) in at leat
four separate securities class actions brought against Hong Kong and Mainland
PRC companies listed in the US. These proceedings are being conducted in the US
Federal Courts (class actions) and US State Courts (derivative actions) and
involve allegations which include financial misreporting and misleading public
statements.
Other class actions
Corrugated packaging cartel
Acting for Amcor in defending a $300 million class
action for alleged cartel conduct with Visy in the corrugated packaging
industry. The Federal Court proceedings were commenced by several customers and
arise out of investigations by the ACCC.
RICO and anti-trust (US)
Acting for AWB in multiple proceedings in the US
Federal District Court brought on behalf of Iraqi citizens alleging breaches by
AWB of the US Federal Racketeer Influenced and Corrupt Organisations (RICO)
statute, and in anti-trust and RICO proceedings brought against AWB by US wheat
farmers.
Air freight cartel
Advising Air France in relation to an ACCC investigation
and related class action concerning the alleged cartel activity in the air
freight industry in Australia. This is a worldwide investigation, involving a
number of international regulators.
Tobacco litigation
Acting for Philip Morris in Australia's first and only
class actions brought against Australian tobacco manufacturers on behalf of
smokers and the Tobacco Control Coalition. The actions were wholly unsuccessful.
Bougainville
Acting for Rio Tinto in class action proceedings in the US
Federal District Court brought on behalf of Bougainville citizens alleging
breaches by Rio Tinto of the US Alien Tort Claims Act regarding the development
and operation of the Panguna mine on Bougainville (PNG).
Mad cow disease
Providing strategic advice to Ridley Corporation in relation
to four Canadian class actions concerning 'mad cow disease' brought by affected
cattle farmers. The case concerns the recovery of alleged pure economic loss
(said to result from the closure of various international trade borders)
estimated to be CAD10 billion.
Breast implants
Acting for Dow Corning in international breast implant class
actions alleging negligent design of the silicone implants and failure to warn
purchasers of the risks involved.
Benlate fungicide
Acting for Du Pont in a class action related to one of the
biggest ever product liability hearings in Australia regarding the worldwide
agricultural product Benlate fungicide. This was a very complex case with
important cross-border implications as it mirrored actions in New Zealand and
the United States.
Longford gas explosion
Acted for United Energy on behalf of the gas businesses
of the Energy Partnership in the class action following the conclusion of the
Royal Commission into the explosion at Esso's Longford gas processing facility
(which curtailed the supply of gas to Melbourne).
Ok Tedi
Acting for Ok Tedi Mining and BHP Billiton in class action proceedings
pursued in Australia and PNG in relation to environmental damage at the OK Tedi
mine.
Lead/zinc smelters
Acting for Pasminco, the world's largest lead and zinc
producer, to dismiss class actions concerning emissions from its smelters in NSW
and South Australia. More than 1,000 plaintiffs alleged that pollutant emissions
led to health problems among residents of nearby towns.