Practice Expertise

  • Corporate
  • Litigation and disputes
  • Education
  •  

Areas of Practice

  • Corporate
  • Education
  • Litigation and disputes
  •  

Profile

I act for those clients in a broad range of binding and non-binding alternative dispute resolution processes - international arbitration, domestic arbitration, adjudication, expert determination and bespoke contractual processes. I also have deep experience in acting for clients in contentious engagements with Commonwealth and State regulators.

I previously served as the Associate to the Honourable Paul de Jersey AC, then Chief Justice of Queensland.

Career highlights

Education

  • Universities – acted for multiple universities in many student disciplinary matters (both academic and general misconduct), including in subsequent challenges lodged with external bodies (including the Supreme Court, Federal Court, High Court, administrative tribunals, crime and corruption State regulators and State ombudsmen)
  • Universities – acted for multiple universities in contentious engagements with the Commonwealth regulator (TEQSA) in relation to applications for renewal of registration and compliance assessments concerning a broad range of enterprise-wide risks, including entry standards, third party provider arrangements, PRISMS reporting obligations, response to and management of allegations of sexual assault and sexual harassment, maintenance of academic freedom and freedom of speech, and corporate and academic governance generally
  • Universities – drafted new grievance and misconduct regulations, policies and procedures, including in relation to allegations of sexual assault and sexual harassment against students, to ensure compliance with the Commonwealth regulatory regime so that administrative decisions withstand legal challenge in the State and Commonwealth courts and tribunals
  • Alphacrucis University College and the Australian College of Theology – acted in proceedings in the Administrative Appeals Tribunal successfully challenging decisions by the Commonwealth regulator (TEQSA) refusing registration in the category of university college
  • Private higher education and vocational education and training providers – acted in many internal review processes and proceedings in the Administrative Appeals Tribunal in relation to cancellation of registration and accreditation (and other adverse) decisions made by the Commonwealth education regulators, TEQSA and ASQA

General

  • Anglo American – represented the company’s subsidiaries in a range of court disputes concerning the supply of coal to Callide Power Station, including in relation to the quality and quantity of coal supplied, liquidated damages claims, the application of force majeure provisions, the exercise of options to extend the contract and rights to terminate the long term supply agreements
  • A major oil and gas company – acted in relation to a confidential international arbitration in Brisbane administered by the Singapore International Arbitration Centre relating to alleged breach of a share sale agreement and misleading or deceptive conduct concerning the sale of significant gas assets
  • A major resources company – acted in relation to a confidential international arbitration in Singapore administered by the International Chamber of Commerce relating to alleged breaches of a resources supply agreement
  • Brisbane City Council – acted in relation to a series of complex IT disputes with TechnologyOne, a company contracted to supply, implement and support a cloud solution
  • Wilmar International Limited – acted for a subsidiary in the first deemed arbitration with sugar growers under the controversial amendments to the Sugar Industry Act 1999 (Qld), securing an award that the provision compelling the parties to arbitration was beyond the legislative power of the Queensland Parliament and therefore unconstitutional
  • Thiess Indonesia – acted in a major sovereign risk case, successfully defending assertions by an Indonesian principal that changes to the mining laws and regulations of Indonesia had the effect of bringing a life-of-mine services contract for an Indonesian mine to an end
  • Wiggins Island Coal Export Terminal – acted in a series of disputes in adjudication, bespoke alternative dispute resolution processes and the Supreme Court of Queensland with Monadelphous and its Malaysian joint venture partner Muhibbah Engineering, one of the major contractors for the construction of the coal export terminal at Gladstone in Queensland
  • Rio Tinto – acted in relation to a dispute against Russian aluminium company RUSAL and one of its Italian subsidiaries concerning the supply of bauxite from Weipa to the Eurallumina refinery in Sardinia, Italy, and the subsidiary’s failure to take the nominated tonnage following the impacts of the global financial crisis
  • Stanwell Corporation – successfully defended Federal Court proceedings brought by the Australian Energy Regulator for alleged breaches of the good faith rebidding obligation regarding the trading of electricity in the National Electricity Market pursuant to the National Electricity Rules (the first case brought by the AER alleging contravention of the National Electricity Rules)
  • Pharmacy Guild of Australia (with the fiat of the Attorney General of NSW) – acted in regulatory proceedings brought against a subsidiary of Coles concerning the purchase of an online pharmacy business in NSW for more than $50 million, in breach of the regulatory restrictions on pharmacy ownership. obtaining orders compelling the subsidiary to divest itself of the interest

Education
LLB (HONS FIRST CLASS, UNIVERSITY MEDAL) (UNIVERSITY OF QUEENSLAND, 2004); BCOMM (UNIVERSITY OF QUEENSLAND, 2002)

Areas of Practice

  • Corporate
  • Education
  • Litigation and disputes

Professional Career

Professional Associations
  • Queensland University of Technology Animal Ethics Committee, Member
  • Queensland University of Technology Human Ethics Committee, Alternate Member


Articles

  • The future of Australia's higher education sector: Unravelling the Accord Interim Report

    The Australian Universities Accord Interim Report has now been released, raising immediate issues that should be given due consideration by the sector.

  • TEQSA update 2018

    Changes and developments relating to TEQSA and its regulatory activities over the past year.

  • Higher education third party provider viability risk during COVID-19

    Where universities and other higher education providers rely on third parties to enrol or deliver courses to students on their behalf, it is important they consider and plan for the financial, practical and regulatory risks that may be associated with potential insolvency of the third party.

  • A year in review at TEQSA: regulatory change and developments

    Our annual review of recent changes and developments relating to the Tertiary Education Quality and Standards Agency (TEQSA) and its regulatory activities, ing into the SOUL Conference and TEQSA Conference.


  • Inquiry into foreign interference in Australian universities

    The Australian Government has recently launched its inquiry into the national security risks affecting the higher education and research sector.

  • Universities' power to discipline students who engage in misconduct

    The Queensland Court of Appeal has confirmed that universities can discipline students that engage in misconduct that could amount to a criminal offence if the conduct was separately proven before a Court exercising criminal jurisdiction. The Court of Appeal has given the sector a timely reminder of the challenges of ensuring procedural fairness in student disciplinary proceedings involving such conduct.

  • People's Republic of China employment considerations during COVID-19

    Like all Australian businesses operating in China, Australian universities may need to consider appropriate ways to manage their labour costs in China during and after the COVID-19 health emergency.

  • Doing construction work? Introduction to Security of Payment

    Does Security of Payment apply to universities? Yes! Universities who engage contractors, consultants, manufacturers, suppliers and other parties to perform construction work or supply construction-related goods and services in Australia will be subject to Security of Payment legislation.

  • An overview of recent allegations of corrupt conduct in universities
  • Compliance, COVID-19 and the move away from face-to-face teaching

    As COVID-19 continues to disrupt face-to-face teaching across Australia, it is important that universities and other higher education providers consider how they will adjust course delivery and still comply with educational regulatory requirements. This includes providers of higher education courses, foundation programs and ELICOS courses.

  • How Australian universities can help China-based students during COVID-19 and dealing with China-based contractors
    Although much of the attention in the education sector has shifted to managing things on the home front, Australian universities and other education providers are assessing a variety of online delivery models for overseas students stuck outside Australia, particularly those in China.
  • Globalisation of higher education - the rise of Australian providers operating overseas

    This article is part I of II on the globalisation of higher education and is focussed on the regulatory issues that may arise when Australian universities and other higher education providers operate overseas.

  • Legislative reforms strengthen ASQA's powers and operations

    On 1 July 2020, the National Vocational Education and Training Regulator Amendment Act 2020 (Amending Act) came into force, introducing a suite of amendments to the National Vocational Education and Training Regulator Act 2011 (the Act).

  • Force majeure and frustration of university contracts during COVID-19

    The spread of COVID-19 does not mean that a force majeure clause will be operative or that a contract will be frustrated. Universities will need to consider the specific impact of COVID-19 on how they perform obligations in the context of each of their contracts.

  • Higher Education in Focus: University Webinar Series

    Our higher education team provide specialist legal and consulting services based on an in-depth understanding of the complex, unique and high-risk opportunities and challenges facing clients within the sector.

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