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Experience
Capability
Advertising and Marketing
Agribusiness
Arbitration
Banking and Finance
Biotech and Pharmaceutical
Capital Markets
Class Actions
Clubs, Gaming & Hospitality
Competition and Regulation
Construction and Infrastructure
Corporate and Advisory
Defence
Education
Employment, Workplace Relations and Safety
Energy and Resources
Environment & Planning
Financial Services
Franchising
Fund Management
Government
Health, Aged Care, Disability & Retirement Living
Insurance
Intellectual Property
Litigation and Disputes
Media, Broadcasting & Entertainment
Mergers and Acquisitions
Privacy
Property
Restructuring and Insolvency
Sports Law
Tax
Technology
Technology Commercialisation
Technology and Telecommunications
Trade marks
Transport and Logistics
Wills and Estates
people-profiles
EPA prosecutions
Acting for industrial and mining clients in relation to EPA prosecutions in the Land & Environment Court and other enforcement matters.
Court litigation
Representing numerous Australian and international companies with household brand names brands in high stakes litigation in the Federal Court of Australia.
Leighton Holdings
Partner Scott Castledine acted for Leighton Holdings (now CIMIC) in its defence and $70 million settlement of a securities class action arising out of a $1 billion profit downgrade in connection with AirportLink in Brisbane, a Desalination Project in Victoria and investments in the Middle East.
Wage audit
Advising one of Australia's largest health care providers on an audit of alleged underpayments of wages and allowances and managing notifications to affected employees and the Fair Work Ombudsman.
Mineral Resources
Lead adviser to Mineral Resources in relation to its proposed development and operation of a 25mtpa iron ore export transhipment terminal in the Port of Ashburton.
Wind farms
Advising New Zealand wind farm companies on the regulatory regimes for the establishment of wind farms in Australia.
Major developer
Acting for a major developer in respect to A$1.2 billion in debt facilities. Works included drafting and negotiating loan note subscription agreements, syndicated facility agreements and associated securities, comprehensive due diligence and providing advice on complex financial structures and trust arrangements.
ANZ
Advising ANZ in relation to the leasing of helicopters to the Victorian police and New South Wales ambulance services.
Class actions
Fuel Labelling Class Action: currently defending Mitsubishi Motors in $1 billion diesel emissions consumer class action. Dick Smith Proceedings: successfully defended Deloitte following the collapse of the electronics retailer. QBE: defended securities class action and "common fund" application.
Celebrity agreements
Drafting and advising on advertising celebrity agreements, sponsorship agreements and promotional agreements.
Becton Property Group
Acting on the development of “Divercity” at Waterloo, Sydney, a 30,000m2 multi-tower residential property project, advising Becton Property Group on initial set up, titling, financing and selling of residential and mixed use lots.
QBiotics
Advising on the $130 million merger of the QBiotics Group, by the use of two schemes of arrangement to tophat existing companies, Qbiotics Limited and EcoBiotics Limited, with a new holding company, QBiotics Group Limited.
Dick Smith
Partner Scott Castledine's class action experience includes successfully defending Deloitte in multiple class actions and other proceedings (NSW Supreme Court) arising out of the collapse of electronics retailer, Dick Smith, resulting in a successful discontinuance against Deloitte.
Irrigation schemes
Acting for irrigation schemes and unincorporated associations in relation to their irrigation infrastructure, constitutions including rights and obligations of members and the transfer of water entitlements between outgoing members and incoming members.
Port of Wyndham
Acted for Kimberley Ports Authority on port management agreement and associated arrangements for appointing a port manager at the Port of Wyndham, Western Australia.
LBT Innovations
Assisting ASX-listed LBT Innovations throughout the development, prototyping, and commercialisation of its medical technology products. Recently assisted in concluding a A$6 million joint venture based in Switzerland to develop and distribute a diagnostic imaging device.
Resolute Mining
Assisting Resolute Mining with a US$90 million sale process for its Bibiani gold mine in Ghana which involved multiple bidders from a range of jurisdictions as well as co-ordinating the sale process with other advisors both in Australia and in Ghana.
Burswood Care
Advising Burswood Care on the $25 million Duncan Street, Victoria Park Nursing Home development. This involved providing strategic advice and advocacy through Council, JDAP and ultimately SDAU process and resulted in the SDAU approving a new 4 storey, 120 bed, high care facility with significant variations to the existing planning framework.
1300Smiles
Acting for ASX-listed Australian dental surgery chain 1300Smiles on its A$165 million sale to trans-Tasman dental operator Abano Healthcare Group.
Sydney Roosters
Advising National Rugby League club Sydney Roosters on the partnership deal that will see it play home games and finals at the Allianz Sydney Football Stadium for at least the next 25 years when it opens in 2022.
Television broadcasters
Acting for three broadcasters challenging the imposition of a no-fly zone over public protests that stopped a media helicopter from filming them. The no-fly zone was revoked.
J. G. Boswell Company
Advising J.G. Boswell Company on the sale of one of Australia’s largest land, water and infrastructure agribusinesses, Australian cotton grower and producer Auscott Limited to Australian Food & Fibre following a competitive sale process run by PwC.
Rohde & Schwarz Australia
Advising integrated communications solutions provider Rohde & Schwarz Australia on the awarding of a major contract to supply the integrated communications systems for Australia’s new Hunter class frigates being built in South Australia by BAE Systems Maritime Australia.
Car maker
Assisting a leading global automotive company to review and update their existing Australian privacy compliance program to create a robust framework that satisfies the Australian law requirements. As part of this matter, we assisted with audit procedures, followed by a review and update of existing privacy practices and procedures and a comprehensive all of company privacy training program.
Nutanix
Advising Nutanix on a contract to provide IT solutions for systems used by the Department of Defence.
Codafication
Advising Codafication on deployment of Codafication’s proprietary Virtual Assist, Crunchwork, and Unity Cloud business automation platforms-as-a-service, particularly with Suncorp, QBE, IAG, and other significant insurers and brokers.
Dye & Co
Acting for liquidators, Dye & Co in relation to IPO wealth Holdings No 10 Pty Ltd to obtain control of a company in England and companies in Italy which owned an island in Venice. This matter involved dealing with authorities in Venice in order to facilitate to sale of this asset and conducting public examinations of the company's directors and creditors.
National sport organisation
Drafting Member Protection Policies including membership applications, Code of Conduct, training materials, management guides and tribunal rules. For a State constituent of the same organisation, advised about constitutional reform, including drafting new constitutions for the umbrella body and its affiliate clubs.
Domino’s Pizza Enterprises
Advising in relation to all documentation for new franchisees, leases, franchise sales, disposals, acquisitions, ACCC, ASIC and other regulatory compliance and Domino’s IPO, and its international expansion.
Restructure
Advising a major post-secondary education provider about a restructure of its businesses across Australia, including the strategy for implementation and communication of a large number of redundancies.
Roshana Group
Advising Roshana Group on the $15 million Valencia Nursing Home redevelopment. This involved providing strategic advice and advocacy through multiple SAT mediations and JDAP meetings to facilitate approval for a 120 bed redevelopment of an existing aged care facility in the City of Kalamunda.
Domino’s Pizza
Thomson Geer advised Domino’s Pizza Enterprises on its acquisition of Domino’s Pizza in Malaysia, Singapore and Cambodia for A$214 million with an earn-out of up to A$142 million.
Mark Moran Vaucluse
Advising on the development of the retirement living, aged care and wellness precinct, Mark Moran Vaucluse.
Social media giant
Assisting a global social media giant on the Australian components of their data breach response framework, including advising on the Australian notification requirements and considerations.
Dee Why RSL Club
Successfully defending Dee Why RSL Club which was the subject of a major disciplinary investigation into the conduct of gambling activities.
General Dynamics
Advising General Dynamics on a contract for the deployment of complex technology for the Australian Defence Force.
Legal practices
Appointed as Manager variously by the Victorian Legal Services Board, Legal Practice Board of WA and Queensland Law Society to facilitate the management, sale and wind down of legal practices, both in Melbourne and nationally.
Product disclosure statement
Reviewing a major insurer’s product disclosure statement and heavy motor insurance policy with an emphasis on the use of plain English terminology and formatting suitable for online sales and promotion.
1300Smiles
Acting for ASX-listed Australian dental surgery chain 1300Smiles on its A$165 million sale to trans-Tasman dental operator Abano Healthcare Group.
Submarine contractor
Advising on a large safety due diligence project for a large contractor involved in the sustainment of the Collins Class submarine fleet. This work included the delivery of a governance safety system to ensure leaders can deliver excellence in the governance of safety and compliance with its due diligence obligations under the harmonised Work Health and Safety (WHS) laws.
Overturning deregistration
Successfully acting for major Australian private higher education provider in having a decision of the Commonwealth regulator (TEQSA) to deregister the Australian business overturned and the client’s accreditation was renewed for a further six years.
Regulator engagement
Advising and representing clients in actions against them by regulators such as the Australian Competition and Consumer Commission alleging misleading or deceptive conduct in relation to advertising claims.
Havilah Resources
Advising ASX-listed Australian minerals explorer, Havilah Resources Limited on the proposed A$205 million acquisition of its Kalkaroo Project by OZ Minerals.
PMB Defence
Advising the supplier of batteries to the Collins Class submarine on many aspects of the company’s operations and legal needs.
Okeland Communities
Acting for Okeland Communities on its $75 million acquisition of its 252 hectare, 3500+ lot master-planned community site in Bullsbrook, Western Australia.
SmartSat
Advising the SmartSat CRC, a consortium of universities and other research organisations, on its IP management strategies.
AFSL requirements
Advising a major managed investment scheme manager on all aspects of AFSL requirements.
DHL Supply Chain
Acting for DHL Supply Chain, part of Germany-based the Deutsche Post Group, in its acquisition of Australian logistics group, The Glen Cameron Group. The strategic combination strengthened DHL’s position in the evolving Australian road freight market and created one of the largest logistics companies in the country with combined revenue of over A$1 billion.
Personal injury claims
Acting for the insurer in defending personal injury claims for damages arising from incidents that occurred in the heavy transport sector.
Microba Life Sciences
Assisted gut health business Microba Life Sciences Ltd on its successful listing on the Australian Securities Exchange in an IPO that raised A$30 million.
InterGrain
Acting for InterGrain, a wheat, barley and oat breeder, in relation to multiple strategic alliances and technology commercialisation, including most recently in relation to the acquisition of a crop breeding program and commercialisation licence.
Australian Express
Involvement in one of the largest civil trade practices cases in Australia’s history involving allegations of contravention of Part IV of the then Trade Practices Act.
Pro-invest Australian Hospitality
Successfully acting for Pro-invest Australian Hospitality Opportunity (ST) Pty Ltd (as trustee) in defending a $6.1 million Supreme Court of Queensland proceeding commenced by contractor Built Qld Pty Ltd.
Misappropriation
Acting for a superannuation trustee in circumstances where approximately $100,000 of misappropriated funds had been deposited into a member’s account.
CO2CRC
Advising CO2CRC on the commercialisation of intellectual property and structuring of entities and constitution, membership, subscription agreements and project Agreements.
FKP Commercial Developments
Advising FKP Commercial Developments in relation to the Gasworks multi-use development at Newstead, Brisbane. Work included drafting and implementing complex titling arrangements for this significant mixed use master planned development.
Australian Securities Exchange
Advising ASX on the acquisition of new technology from a Swedish company to support and operate a new share trading platform.
GeelongPort
Acting for GeelongPort in negotiating a complex Agreement for Lease and Lease with TT-Line in relation to the relocation of the Spirit of Tasmania ferry from Melbourne’s Station Pier to Geelong.
Gamuda Australia
Advising Gamuda Australia on its successful bid with consortium partner Laing O’Rourke for a A$2.16 billion contract to deliver a major tunnels and civils package for the Sydney Metro West project. Thomson Geer advised and supported Gamuda Australia on all of the contract documentation issued by Sydney Metro for the Project.
Bankstown RSL Club
Assisting Bankstown RSL Club on procuring tenders and anchor tenants for its $100 million mixed use development and ongoing advisory work with catering, licensing and tenancy operations.
Ingenia Communities
Advising Ingenia Communities on its acquisition of five rental retirement villages and a tourist park. The purchases incorporated 274 senior village rental units and 236 cabin and camp sites. The units are located throughout New South Wales, Victoria, and Tasmania.
Defamation
Successfully defending the publisher of The Daily Telegraph and The Sunday Telegraph in defamation proceedings brought by former sport journalist Josh Massoud. The NSW District Court found the media had made out its truth defence and proved that Mr Massoud was a bully who threatened and intimidated his work colleagues.
Qualcomm Inc
Acting for Qualcomm Inc and Qualcomm Australia Pty Ltd advising on protection of Qualcomm’s confidential commercial information including source codes in the Apple and Samsung patent and anti-trust Federal Court proceedings.
Code of conduct
Successfully representing a business owner in a claim alleging breach of the Franchising Code of Conduct and seeking damages with respect to the alleged claim.
Incannex Healthcare
Advised medicinal cannabis pharmaceutical company Incannex Healthcare on a A$23.6 million capital raising through the exercise of loyalty options.
Tax law
Advising on tax law administration, including appearing on behalf of taxpayers before ATO investigations, and dealing in white-collar crime including offences under the Criminal Code Act and the Proceeds of Crime Act.
Flight Centre Limited
Advising in relation to the establishment of the Escape Travel franchise, structure, documents (internal and external), including disclosure and other necessary documentation.
s50 Antitrust regulation
Regularly advising clients on whether transactions are at risk of substantially lessening competition, and if so, advising on the appropriate approach to the regulator, the Australian Competition and Consumer Commission.
Iconic building
Acting for a university as proprietor in relation to the major refurbishment of an iconic building and surrounds, and associated long term leasing arrangements, including advising and documenting arrangements for relocation and pop up/temporary accommodation.
Construction finance
Advising on senior and mezzanine financing of construction of a 123 lot mixed residential and commercial development in Bondi Junction, Sydney.
BankSA, Westpac
Advising BankSA and Westpac Banking Corporation in relation to the documentation and negotiation of property development and project finance transactions involving syndications, "club" transactions and participations, including finance for the construction and operation of hotels, apartment developments, office developments, warehouse developments, ships and aircraft.
Injunction
Commencing urgent interlocutory injunctive proceedings in respect of misleading or deceptive television commercials produced by the clients’ competitors and managing vigorously contested litigation up to and including final hearing.
MACA Ltd
Thomson Geer advised Perth-based ASX-listed mining and infrastructure services company MACA Ltd on the approx. A$350 million takeover bid announced by Thiess.
Immunity application
Acting for an ASX-listed company in an immunity application to the Australian Competition and Consumer Commission (ACCC) relating to cartel conduct engaged in by a subsidiary of the company.
Microba Life Sciences
Assisting gut health business Microba Life Sciences Ltd on its successful listing on the Australian Securities Exchange in an IPO that raised A$30 million.
Lawyer X
Acting for The Herald Sun newspaper in a five year campaign to overturn suppression orders in the “Lawyer X” scandal that reached the High Court. Also appeared in The Royal Commission into the Management of Police Informants in relation to the matter.
Queensland University of Technology
Acting for Queensland University of Technology in relation to rationalisation of its complex intellectual property ownership and commercialisation agreements with respect to gene edited bananas including drafting and negotiation of a Master Commercialisation Agreement with Australian Banana Research Pty Ltd, and subsequently acting in relation to drafting and negotiation of new research agreements.
Norman & Associates
Advising Norman & Associates, in their role as Development Manager, on securing approvals for waste water treatment and disposal system and project advice related to the freeholding of 432 licensed allotments at the Fishermans Bay, South Australia, existing development.
L&A Social
Advised the owner of social media and branding agency L&A Social in relation to the sale of all of the shares in the L&A Social to Tag Worldwide (Australia) Pty Ltd (a subsidiary of Wertheimer UK Limited). The deal enables L&A Social to combine its social media expertise and Tag's strong end to end offering to provide a more holistic service and deliver continued growth for clients and businesses.
Registered clubs
Assisting several registered clubs with amalgamations and other transactions including Mounties Group, Blacktown Workers Club, Windsor RSL and Campsie RSL.
Oklo Resources M&A
Advising ASX-listed gold explorer, Oklo Resources Limited, in relation to its acquisition by Canada-based gold miner, B2Gold Corp, in a cash and scrip deal valuing the company at A$90 million.
Mistaken contributions
Acting for a superannuation trustee in circumstances where an employer had made mistaken superannuation contributions of approximately $85,000.
Life insurance policies
Advising an offshore life insurance company about selling life insurance policies covering Australian residents.
Class actions
* Fuel Labelling Class Action: currently defending Mitsubishi Motors in $1 billion diesel emissions consumer class action. * Dick Smith Proceedings: successfully defended Deloitte following the collapse of the electronics retailer. * QBE: defended securities class action and "common fund" application.
Company director
Successfully represented a former company director of a mining company who was sued by the company for damages for breaches of the Corporations Law resulting in a finding of no liability.
Discrimination complaint
Acting for a superannuation trustee in disability discrimination complaints to the NSW Civil and Administrative Tribunal and the ACT Civil and Administrative Tribunal.
Estate dispute
Representing an estate to defend a claim by friends of the deceased for the entire estate comprised of multiple properties to be transferred to them due to representations apparently made by the deceased during their lifetime.
Independent supermarkets
Advising a group wishing to form and register a national brand, in relation to the registration, supply agreements, the franchise system to support the formation of the brand and the acquisition of the warehouse business.
Licella Holdings
Acting for Licella Holdings Limited in relation to its commercialisation of its patented Cat-HTR technology for conversion of waste feedstocks into biofuels including licensing of international and Australian joint venture entities and advising in relation to participation in a CRC-P Partners Agreement.
Family provision application
Working with a beneficiary of farmland to defend a claim by a relative of the deceased who was seeking a significant portion of the land on the basis that the claimant was not adequately provided for in the deceased’s will.
Reckitt
Acting for multinational healthcare and consumer goods company Reckitt alleging a competitor had infringed its trade mark on a popular dishwashing capsule.
ARCH Emerging Markets Partners
Advising UK-based investment advisor ARCH Emerging Markets Partners on the cornerstone investment.
Training
Developing and implementing training packages for aged care providers and retirement village operators.
Competition law
Advising corporate clients on Competition and Consumer Act Part IV (restrictive trade practices) issues and Australian Consumer Law compliance and enforcement issues, including acting for various corporate clients in trade practices disputes.
Defence contractors
Advising defence contractors in connection with the Australian Government’s Offshore Patrol Vessel Program and the Future Submarine Program.
Sporting club
Assisting a prominent Australian sporting club client to respond to a privacy related complaint lodged with an Australian regulator. The matter involved analysis of the legal risks and regard to the various nuances of the situation and the personalities involved, to arrive at a response that resolved the matter efficiently and commercially with the complainant and the regulator.
Paraway Pastoral Company
Acting for Paraway Pastoral Company (Macquarie Pastoral Fund) on its purchases, divestments, and leases of rural properties in NSW, including the purchase of access rights, water rights, and licences.
South Australian National Football League Inc
Advising the South Australian National Football League on the disposal of AAMI Stadium. The site is to be developed on a stage by stage basis with the developer gaining control on a progressive basis. The 23.5ha site will be redeveloped to include around 1600 homes along with cafes, restaurants and a “boutique shopping strip”.
Estia Health
Acting for Australian aged care provider Estia Health on a deal to acquire a portfolio of aged care homes and development sites worth more than A$100 million from Premier Health Care.
Mitsubishi
Acting for Mitsubishi in a class action relating to allegedly misleading fuel consumption claims for its popular Triton ute.
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