About Guy Stuckey-Clarke
Guy specialises in complex commercial disputes, regulatory investigations and enforcement proceedings.
He has a broad practice acting in significant disputes and litigation for clients across a range of sectors, including financial services, technology, healthcare and professional services. He has deep experience advising clients in the banking, insurance and superannuation sectors, particularly in matters involving alleged breaches of financial services and superannuation laws, misleading or deceptive conduct, and breaches of directors' and officers' duties. He also advises clients on transfer pricing disputes with the ATO.
Guy is known for his strategic and pragmatic approach. Clients particularly value his experience advising market-leading organisations on high-profile matters of major reputational, financial and strategic importance.
Guy's recent litigation experience includes acting for:
- Epic Games: in two Federal Court proceedings against Apple and Google alleging misuse of market power and other anti-competitive conduct in respect of mobile app distribution and in-app payment systems. This is the first big tech antitrust litigation in Australia and involved complex expert evidence from a range of disciplines, including technology, security, payments, antitrust economics, econometrics, behavioural economics and forensic accounting. It involved a 16-week trial and included two related class actions
- ANZ: in its defence of ASIC civil penalty proceedings in relation to reporting of secondary market bond turnover data to the AOFM, including allegations of misleading or deceptive conduct, failure to breach report and breaches of Australian financial services licensee obligations
- Whistleblower litigation: a major ASX-listed group and several of its directors and officers in the defence of Federal Court proceedings brought by former senior employees in relation to alleged breaches of the whistleblower protections in the Corporations Act
- Westpac superannuation trustee: defending a test case brought by ASIC at first instance and on appeal in relation to whether personal advice had been provided to customers on outbound superannuation consolidation calls
- Westpac life Insurance class action: in its defence of a class action relating to premiums associated with life insurance, including a successful appeal in the High Court of Australia in relation to common fund orders (Westpac Banking Corporation v Lenthall [2019] HCA 45)
- NAB superannuation trustee: in its defence of a class action against NAB superannuation trustees brought by 330,000 fund members in relation to the transition to MySuper
- Crown Resorts Limited and its subsidiaries: on its response to the Victorian Royal Commission
- Major financial institutions: a range of leading banks, insurers and superannuation trustees in relation to matters involving ASIC and APRA, particularly in relation to allegations of misleading or deceptive conduct.