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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
BHP
Advising BHP Billiton on its major steel works remediation project on the Hunter River, Newcastle.
ARCH Emerging Markets Partners
Advising UK-based investment advisor ARCH Emerging Markets Partners on the cornerstone investment.
92 Energy
Advising Canada-focused uranium explorer 92 Energy Limited on its successful A$8.7 million capital raising using Canada’s flow-through share regime. This regime provides tax incentives to eligible Canadian investors and enables shares to be placed at a higher price than would otherwise be possible.
Aircraft leasing
Acting for a US-based global leader in aircraft leasing in respect of a London Court of International Arbitration commenced against a Chinese cargo operator for delivery up and US$150 million in contractual damages for ongoing breaches of a 747 freighter lease.
Australian Pharmaceutical Industries
Advising Australian Pharmaceutical Industries (Priceline) on performance management programs; dealing with long-term absentee employees; and enterprise agreements at distribution centres across Australia.
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.
Sea Harvest
Assisting South Africa-based seafood company, Sea Harvest Group Limited, on the acquisition of the Western Australia fishing assets of leading seafood company, MG Kailis. Thomson Geer advised Sea Harvest on all aspects of the deal, including securing a large number of approvals from a range of state and federal regulatory authorities, as well as assisting Sea Harvest with numerous property approvals, leases, sub-leases and licences.
EPA licence
Advising the receivers and managers of a manufacturing facility on a negotiation of a 10 year EPA licence (the first to be granted by the regulator).
News Corp
Acting for News Corp Australia in a world-first defamation case brought by a former youth offender, Dylan Voller, in which the High Court held that media outlets are publishers of comments made by third parties on their Facebook pages.
L&A Social M&A
Advising 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.
Major club – assisting with diversification projects
Assisting major club hospitality group with diversification projects including establishing an innovation and incubation hub, and facility for manufacture of pulp-based products, with international licensors and distribution channels.
TGA submissions
Drafting and advising on submissions to the Therapeutic Goods Administration in response to complaints under the Therapeutic Goods Advertising Code.
Luxury goods conglomerate
Assisting a global luxury goods conglomerate on a range of privacy and surveillance matters, and advice on compliance framework and enforcement matters.
Havilah Resources M&A
Advising ASX-listed Australian minerals explorer, Havilah Resources Limited on the proposed A$205 million acquisition of its Kalkaroo Project by OZ Minerals.
CO2CRC
Advising CO2CRC on the commercialisation of intellectual property and structuring of entities and constitution, membership, subscription agreements and project Agreements.
ReNu Energy
Advising ReNu Energy Limited (ASX:RNE) on its $100 million bioenergy alliance with Resonance Industrial Water Infrastructure Fund (RIWIF). ReNu is an independent power producer which delivers its customers with clean energy products, at a lower price, with no upfront costs.
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.
Trustee appointment
Appointed by the NSW Supreme Court as a trustee for sale of a parcel of rural land in NSW during the course of a dispute by the owners of the land.
Village Roadshow Limited
Acting for Village Roadshow Limited in obtaining a Class Ruling from the Australian Taxation Office confirming the taxation treatment of a return of share capital to shareholders.
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.
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.
Super death benefit
Acting for a superannuation trustee in an appeal to the Federal Court regarding the manner of distribution of a superannuation death benefit.
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.
Priority disputes
Acting for the liquidators of a listed entity in relation to priority disputes with PPSA creditors, providing advice as to vesting of interests under the PPSA, undertaking public examinations and acting in relation to a variety of proceedings, including uncommercial transaction proceedings and breach of director’s duties claims.
Chris O’Brien Lifehouse Project
Advising Chris O’Brien Lifehouse Project on the A$260 million Lifehouse facility for the provision of integrated cancer services in a new purpose-built facility on the Royal Prince Alfred Hospital campus in Sydney.
Life insurance policies
Advising an offshore life insurance company about selling life insurance policies covering Australian residents.
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.
Teacher's Pet
Advising on production of Australia’s most downloaded podcast “The Teacher’s Pet” about a man accused of murdering his wife in 1982. Providing extensive pre-publication advice through the production phase of the podcast, and dealing with a journalist’s involvement in the criminal trial of the accused, who was found guilty of murder 40 years after his wife disappeared.
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.
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.
Genesis Minerals
Thomson Geer advising gold company Genesis Minerals Ltd (ASX:GMD) on its merger with mining neighbour St Barbara Ltd (ASX:SBM) to form a leading Australian gold company to be called Hoover House.
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.
Australian Securities Exchange
Advising ASX on the acquisition of new technology from a Swedish company to support and operate a new share trading platform.
Recycling
Acting for seven local councils in relation to the 'China Sword' issue, the ban on sending paper and plastic to China which is forcing up recycling costs. This is a national problem with Councils reaching out to State Governments for funding to cover the gap and provide a solution.
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.
Energy360
Assisting Australian biogas systems provider Energy360 on its acquisition by energy giant AGL. Thomson Geer advised Energy360 on all aspects of the deal, including due diligence, drafting and negotiation of the transaction documents and implementing the acquisition.
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.
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.
Recovering property and guardianship proceedings
Acting for a litigation guardian in Supreme Court proceedings to recover a property an elderly person transferred to a family member in circumstances where the person could not comprehend the nature and effect of the transaction. Also advised on separate proceedings to enable a Guardian and Financial Manager to be appointed to assist the elderly person outside of the proceedings.
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.
Parade College
Working with Melbourne school Parade College to partner with English Premier League champions Manchester City to launch the first Manchester City Football School in Australia.
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.
Marillana Project
Lead adviser to Mineral Resources in relation to its mine to ship infrastructure, rail and shipping services agreement with the Brockman Mining Marillana Joint Venture concerning the construction and operation of over 300km of rail and a new iron ore export terminal at Port Hedland within an open access structure.
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.
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.
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.
CTP Regulator
Advising the CTP Regulator in relation to the entry of insurer Youi into the South Australian compulsory third party insurance market.
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.
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.
Engineering group
Acting for a leading global plant construction and mechanical engineering group domiciled in Germany in its defence of a EUR 100 million Singapore International Arbitration Centre arbitration brought by an Indian counterpart for breach of contract.
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.
Testamentary capacity
Representing an executor to defend a claim by a disappointed beneficiary brought on the basis that the deceased lacked capacity to make a will.
Incannex Healthcare
Advised medicinal cannabis pharmaceutical company Incannex Healthcare on a A$23.6 million capital raising through the exercise of loyalty options.
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.
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.
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.
Concessions
Advising health, educational, charitable, and religious groups on obtaining federal, state and territory revenue concessions for restructuring of their tax exempt entities and dealing with revenue authorities to obtain concessions.
CQ Energy
Assisting energy consulting firm CQ Energy on its acquisition by software and services company Energy One in a deal valued at A$36 million. Thomson Geer acted for CQ Energy on all aspects of the acquisition, including a restructure of the firm, tax matters, share agreements, property leases, ASX listing rules and compliance matters.
Litigation funder
Advising a litigation funder in relation to a proposed class action involving allegations of very significant underpayment to employees across a chain of hospitality businesses.
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.
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.
Investor – State dispute
Advising on enforcement of award made under the Convention for the Settlement of Investment Disputes between States and Nationals of Other States (ICSID), including issues of foreign state immunity.
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.
Construction company
Thomson Geer won a landmark case clarifying for the Victorian building industry when the 10-year limitation period for commencing a building action takes effect. The win in the Victorian Court of Appeal overturned an earlier Supreme Court decision which held that where multiple occupancy permits are issued for the same building works, the limitation period under section 134 of the Building Act 1993 (Vic) commences on the date of the ‘final’ occupancy permit for the works.
Loan transactions
Acting for financial institutions in relation to loan transactions and securities, including drafting security documentation involving rural properties, water entitlements, livestock and crops.
QBE
Partner Scott Castledine acted for QBE in its defence of a securities class action (Federal Court of Australia) arising out of a $1 billion profit downgrade and “common fund” application.
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.
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.
Australian Finance Industry Association
Acting for the Australian Finance Industry Association (AFIA) on the drafting, development and consultation of the AFIA Car Rental Code of Practice. The Code for members of AFIA, who have approximately 75% of the total market share by revenue of the car rental market in Australia, went live on 1 March 2018.
Dexus
Acting for Dexus on the acquisition and development of a 127 hectare industrial estate at Ravenhall, Victoria, including drafting and negotiating complex lease documentation for tenants such as Amazon, Scalzo Foods, HelloFresh, eStore Logistics and Electrolux.
ATO negotiations
Advising accountants and clients in negotiations with the ATO on substantive tax matters, including tax planning, structuring, penalty minimisation, and audit case management.
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.
Mistaken contributions
Acting for a superannuation trustee in circumstances where an employer had made mistaken superannuation contributions of approximately $85,000.
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.
Oklo Resources
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.
Unfair contracts
Advising clients on the application of the unfair contracts regime under the Australian Consumer Law, including conducting contract review, assessing risk and drafting necessary amendments.
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.
Court litigation
Representing numerous Australian and international companies with household brand names brands in high stakes litigation in the Federal Court of Australia.
Reckitt
Acting for multinational healthcare and consumer goods company Reckitt alleging a competitor had infringed its trade mark on a popular dishwashing capsule.
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.
Fashion designer
Advising a well-known fashion designer to understand the Australian privacy and surveillance landscape and how it applies to their retail operations in Australia. The client was developing global surveillance policies and consents for its personnel, and we provided Australian law review.
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.
Victor Smorgon Group
Acting for Victor Smorgon Group subsidiary VBS Exchange on its off market bid for ASX-listed base and battery metals producer Altamin Ltd.
ANZ and Bank of Melbourne
Negotiating and documenting a A$120 million club facility for the development of Caulfield Racecourse, Melbourne, by Beck group interests.
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.
Security of payment
Acting on large infrastructure related adjudications under Security of Payment legislation ranging from A$1 million to $80 million in Queensland, New South Wales, Victoria, South Australia, Northern Territory, and Western Australia.
Mitsubishi class action
Acting for Mitsubishi in a class action relating to allegedly misleading fuel consumption claims for its popular Triton ute.
EPA prosecutions
Acting for industrial and mining clients in relation to EPA prosecutions in the Land & Environment Court and other enforcement matters.
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.
PMB Defence
Advising the supplier of batteries to the Collins Class submarine on many aspects of the company’s operations and legal needs.
Barley Australia
Advising the peak body for the Australian barley and malting industry, Barley Australia, on its merger with Grains Australia. Thomson Geer advised Barley Australia on the terms of the merger and on intellectual property matters.
Agribusiness transactions
Acting on and drafting documentation for land transactions (sales, purchases, leases, share farming agreements etc.), water transactions (sales, purchases, leases etc. of water entitlements) and rural business transactions.
Cattle business
Acting for an Australian bank in respect of its A$70 million corporate facilities to an integrated cattle business to assist with, amongst other things, its equity contribution towards the development of a cattle processing facility in northern 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.
Southern Palladium
Advising Southern Palladium Ltd on its successful dual listing on the Australian Securities Exchange and Johannesburg Stock Exchange after an oversubscribed A$19 million initial public offering.
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.
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.
UniQuest
Acting for UniQuest (the commercialisation company for the University of Queensland) in relation to a range of intellectual property licensing and commercialisation transactions; drafting precedent document for UniQuest including confidentiality agreements and intellectual property commercialisation agreements; Katrina is the primary legal adviser for UniQuest.
Royal Commission
Acting for aged care providers in relation to the Royal Commission into Aged Care Quality and Safety.
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.
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