Commercial Litigation

Litigation & Dispute Resolution

Litigation & Dispute Resolution » Commercial Litigation

In a competitive and highly regulated business environment, commercial disputes, be they contractual, tortious or relating to misleading or deceptive conduct, are never far off the horizon. While business focus should be on minimising the risk of such disputes, when those disputes do arise, Corrs has the depth and breadth of experience to advise and represent clients in all types of cases - whether they be large scale commercial litigation or highly complex sensitive disputes.

At Corrs, we bring together technical excellence, strategic commercial judgment and unwavering commitment to achieving our client’s preferred commercial outcome. While we cover all the bases in relation to commercial litigation, white collar crime and regulatory investigations, our lawyers are solicited time and again when the stakes for our clients could not be higher.

We advise and represent local and multinational clients across a broad spectrum of industry sectors in all Australian jurisdictions.

Corrs’ litigators are supported by sophisticated infrastructure that streamlines management of the dispute so that every task is completed competently in the most cost-effective manner. Adopting an innovative approach to litigation, with a heavy focus on efficiency through technology, we achieve market-leading efficiencies for our clients without compromising on high-quality legal support solutions.

Our Experts

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Andrew Korbel

Partner Location Sydney Profile
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Anna Ross

Partner Location Sydney Profile
Annette Hughes

Annette Hughes

Consultant Location Melbourne Profile
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Brad Woodhouse

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Chris Pagent

Partner Location Sydney Profile
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Colin Lockhart

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Craig Ensor

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Daniel Marquet

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David Abernethy

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David Yates

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Estelle Blewett

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Frank Lawson

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Ian Dallen

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James Whittaker

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Jim Micallef

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Julie Cameron

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Katrina Sleiman

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Kirsty Sutherland

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Mark Wilks

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Matthew Critchley

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Michael do Rozario

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Michael Kimmins

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Rachael King

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Richard Flitcroft

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Richard Leder

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Sam Delaney

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Sarah Schnabel

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Scott Francis

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Seanna Strong

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Simon Johnson

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Stan Lewis

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Our Experience

Australian airline group

Corrs acted for a major Australian airline group in a contractual dispute which was resolved by international commercial arbitration.

The arbitration was conducted under the arbitration rules of the American Arbitration Association, seated in New York.

More

Australian and US entities

A member of the Corrs team acted for Australian and US entities in relation to the enforcement in Australia of a foreign arbitral award made in Singapore under SIAC Rules.

The litigation included complex and new arguments under the public policy exception in the International Arbitration Act.

More

BAT

Corrs has acted for British American Tobacco companies in Australia and the UK in product liability and regulatory matters since 2002.

These include world first litigation in the High Court of Australia regarding the constitutionality of Australian ‘Plain Packaging’ laws prohibiting tobacco companies from affixing their intellectual property (including trade marks, copyrights, designs and patents) to cigarette packaging. The laws are the first of their kind in the world, and have enormous ramifications across a range of industries, including food and beverage (especially alcohol) industries.

More

Cargill

Corrs is acting for agribusiness giant, Cargill, the plaintiff in complex proceedings in the Supreme Court of Victoria against Glencore and Viterra.

Cargill alleges the sellers falsely represented the financial and operational performance of Joe White Maltings (JWM) during its AU$420 million sale. Cargill claims JWM’s value was based on its ability to produce circa 500,000 tonnes of malt annually in compliance with customer specifications and quality requirements. 

Cargill claims information was false and was premised on the improper practices of supplying malt. Our client is seeking damages  for misleading and deceptive conduct, breach of warranty under the acquisition agreement and negligent misstatement.

Our work on this matter is an example of the strong dispute/agribusiness capabilities for which the team is well known as a market leader in Australia. The case is highly complex and is representative of the growing trend in post-acquisition litigation.

More

Commonwealth of Australia

Corrs is acting for the Commonwealth of Australia (as represented by the Department of Health) in claims for compensation in the Federal Court of Australia at Sydney against a number of global and domestic pharmaceutical companies.

The claims are in respect of payments made under the Pharmaceutical Benefits Scheme by the Commonwealth in circumstances where, the Commonwealth contends, those payments would not have been required to be made but for interlocutory injunctive relief sought and obtained by the pharmaceutical companies in connection with disputed patent litigation. The Commonwealth’s claims for compensation arise from the fact that the pharmaceutical companies were ultimately unsuccessful in the patent dispute litigation.

More

ICC Rules

Corrs acted for an Australian client in an international arbitration under the ICC Rules.

The dispute arose out of the wrongful termination of an exclusive distribution agreement for building materials by an Italian party. The arbitration was seated in Singapore and the agreements were governed by Italian law. Corrs led a team of Australian and Italian lawyers.

More

International Shipping Company

Corrs is acting for an international shipping company and its Australian subsidiary in relation to its claims against an international maritime infrastructure company.

The dispute concerns the supply of services to develop infrastructure in connection with an LNG project in Western Australia.  The arbitration is seated in Western Australia.

More

Jordanian principal

A member of the Corrs team represented a Jordanian principal in an ICC arbitration conducted under Jordanian law with respect to a US$360 million claim for wrongful termination of a FIDIC form contract and a $400 million counterclaim for damages, loss of profit and defective works.

Multi-million dollar contractual dispute

Corrs acted in a multi-million dollar contractual dispute arising from equipment malfunction while drilling a well in New Zealand, gathering expert evidence on metallurgical failure, well design and inspection and repair of drilling equipment.

Arbitration was seated in Singapore and conducted under the SIAC Rules.

More

Rivercity class action - Claims involving $2 billion losses on major Australian Infrastructure Project

Corrs is advising Leighton Contractors Pty Limited, the market leader in the Australian construction market, in an investor class action which has been brought in the Federal Court of Australia in Sydney, arising out of the financial failure of the RiverCity Motorway Project (RCMP) in Brisbane, Queensland.

The core issue at stake is whether the forecasting of traffic usage and toll charges in respect of the Clem 7 tunnel (forming part of the RCMP) was deficient and, if so, who was to blameCorrs is representing firm anchor client, Leighton which was a member of the consortium which successfully tendered for the design, construction and operation of the Clem 7 tunnel. We have recently been successful in extracting Leighton from two of the three actions and therefore the claim value has dropped from in AU$1 billion plus to circa AU$200 million in the class action.

More

Singapore International Arbitration Centre

Corrs recently acted for an Australian client in an international arbitration seated in Singapore under the rules of the Singapore International Arbitration Centre.

The dispute concerned the termination of a contract for the provision of drilling services on performance grounds. Corrs worked with Singaporean and Indonesian lawyers in relation to the arbitration.

More

Stockholm Chamber of Commerce

Corrs acted in an international commercial arbitration before the Stockholm Chamber of Commerce concerning a plant constructed in the People’s Republic of China, for a world leading engineering, project management and consultancy company.

The matter included consideration of enforcement of foreign arbitral awards under the New York Convention.

More

Zomojo - High profile claim in relation to complex and ground breaking technology

Corrs is acting for Zomojo Pty Ltd in a high profile claim brought against its former co-managing director and head of research and development, Matthew Hurd, and the Zeptonics group of companies.

Zomojo Pty Ltd, a world leader in financial technology, has developed sophisticated high speed proprietary trading devices and technologies for equity and derivatives markets. With trading speeds of less than 10 microseconds, Zomojo’s devices are classed as the fastest in the world. 

The case concerns the misuse of financial technology devices and techniques acquired by Mr Hurd when acting as a director of Zomojo. Our role has been to investigate and demonstrate the links between the devices and techniques of Zomojo and those offered by Mr Hurd and Zeptonics and protect Zomojo’s intellectual property from misuse in the international market.  

A judgment found that Mr Hurd had wrongfully taken and used Zomojo’s technology and techniques, which he then used to establish competing products under the brand “Zeptonics” and attract international investors and customers. The court ordered the return of the IP to our clients.  Contempt proceedings have now been issued against the respondents and other parties.

More

Queen’s Wharf

Advising the Queensland Government on all tax aspects of the Queen’s Wharf Brisbane Integrated Resort Development in the Brisbane central business district.

The project is to comprise a mixed-use destination of circa nine hectares including over 1,100 premium hotel rooms in five new hotels.  This will include Brisbane’s first six-star hotel, three residential towers with circa 2,000 apartments, a new casino and a pedestrian bridge over the Brisbane River.

More

Gold Coast Light Rail

Advised the Queensland Government on Stages One and Two of the Gold Coast Light Rail (formally known as the Gold Coast Rapid Transit Project), a landmark infrastructure project for the construction and operation of a light rail linking key centres on the Gold Coast.

Corrs was involved from the outset of the project and advised the Queensland Government on all tax related issues including income tax, GST, stamp duty, land tax and council rates.

More

Confidential Client

Acted for an international pension fund service provider in relation to its participation as the second largest equity investor in a Consortium, which bid for the Transgrid New South Wales electricity transmission assets in the competitive privatisation process.

Our experienced team acted as lead tax counsel in respect of its proposed equity stake, which was the second largest in the consortium. Our team also advised on the tax aspects of the consortium structure, including advising on the entity for the provider’s investment, engagement with consortium tax advisors, engagement with the ATO on pre-bid clearance of tax issues for foreign members of the bid consortium and liaison with foreign counsel on local tax issues.

More

CLEM7

Advised the Macquarie/Thiess consortium on all tax aspects in relation to its bid for the CLEM7 project, a $3 billion public private partnership for a 6.7km tolled motorway with a 4.8km twin tunnel located in central Brisbane.

Melbourne Convention Centre

Advised the Victorian Government on the tax aspects associated with the development of the Melbourne Convention and Exhibition Centre (MCEC).

The team has continued to advise on various tax issues associated with the land tenure for the project and has more recently advised on the $210 million Stage 2 expansion of the MCEC. 

More

Victorian Comprehensive Cancer Centre

Advised Macquarie, Brookfield Multiplex and Acciona consortium in relation to all tax aspects of its bid for the $1 billion Victorian Comprehensive Cancer Centre.

The development comprises a new 13-storey building, as well as new facilities housing world-leading cancer organisations that have come together to share knowledge and resources and drive the next generation of cancer research, education, treatment and care. The Project is jointly funded by the Victorian and Australian governments.

More

Schools Projects

Advised the Victorian, Queensland, Western Australian and South Australian Governments on the tax issues associated with the delivery of schools projects by way of public private partnerships.

Corrs involvement ensured that Government understood the private sector’s complex models and transaction documents for delivering the projects and took into account the tax risk associated with the those models when evaluating competing bids for the projects.

More

Our Thinking

Roadblocks in London but Uber’s route looks clear in Australia

We look at the recent decision by the London regulator not to renew the ride-sharing company’s licence to operate and consider any implications for Australia.

More

No merit in Meriton’s conduct: Federal Court finds serviced apartment operator misled consumers on TripAdvisor

Businesses that try to manipulate online reviews to improve their rankings and avoid negative feedback do so at their peril.

More

‘Heroic’ or just plain risky? Twitter’s approach to proceedings backfires

A recent Supreme Court of New South Wales case involving Twitter is a timely reminder for any online platforms that may publish confidential information.

More

Commercially Sensitive: Confidential meets Open Justice

How can you protect commercially sensitive information when it’s being tendered in evidence?

More

Self incrimination, regulators and commissions – do I really have to answer that question? Part 2

This is our second article in this series. In this article we consider who can receive or make use of the transcript of a compulsory examination – including third parties – and the protections available to a person pleading a defence in court proceed

More

Reform fatigue as superannuation consultation commences once again

The Productivity Commission’s review into the competitiveness and efficiency of Australia’s superannuation system is underway with public consultation now occurring.

More

Self incrimination, regulators and commissions – do I really have to answer that question?

This is the first in a two-part series covering some of the issues arising from compulsory examinations, the privileges that may be available to a person being examined, and how the answers can be used.

More

Financial advice: The computer will see you now – Six considerations for deploying robo-advice in Australia

Traditional financial services business structures are under threat from rapid digital innovation. Financial advisers are increasingly being replaced by sophisticated computer programs.

More Download

Governance-driven reforms stir controversy in superannuation sector

Superannuation has long been an emotionally charged area of Australian political debate. The highest standards of governance, coupled with regulatory stability, are essential to maintain the public’s confidence in a system which manages over $2 trill

More Download

Contracting with a Chinese counterparty? Answers to your top three concerns

Transacting with Chinese counterparties has never been more common, but there are some recurring issues that often concern clients.

More

Email negotiations - Beware, you might already be bound!

Courts are ruling that email negotiations create binding contracts and businesses are finding themselves caught.

More

The pros and cons of making a submission to a parliamentary inquiry

Weighing up the benefits against the time and cost.

More

The real cost of litigation to your business: Five lessons to manage it

Don’t let litigation cost you more in time and money than it needs to.

More

Dispute resolution in Indonesia: Arbitration vs litigation

What are the common options for dispute resolution in Indonesia?

More

The rise and fall of a builder's duty of care to owners corporations

Builders and developers will be relieved to learn of the High Court’s decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan.

More

Victorian Inquiries Bill is a signal to business: Be ready to respond

Governments are increasingly using public inquiries to respond to difficult issues, and this has implications for private business and not-for-profits.

More

The International Arbitration Review 2014

The International Arbitration Review is an annual guide to international commercial and investment arbitration in the most significant jurisdictions worldwide and to the principal international arbitration institutions.

More

The rise of the information barrier: Managing potential legal conflicts within commercial law firms

The risk of potential client conflicts within law firms is growing as more firms merge and the sector consolidates.

More Download

Dining on international arbitration in Japan - What are you eating?

Japan is a reliable place for international arbitration, but it pays to know what you’re biting into.

More

Courts remind lawyers they have skin in the litigation game following the introduction of the Civil Procedure Act

Lawyers can be punished for breaching their overarching obligations under the CPA.

More

Protecting major sporting events held in Australia - Legislating against ambush marketing

A Bill that increases protection against businesses that free load off major sporting events is timely and welcome.

More

The evil of the grapevine - Defamed on social media

If defamatory allegations about you spread on Twitter or Facebook, what options do you have for recourse?

More

Is that search warrant valid? Give me back my documents and computer files

It is always worth a look at the fine print to see if a ground for challenging a warrant exists.

More

Damaged Goods. High price paid for warranty breach

Addressing unusual subject matter, donor sperm used in assisted reproductive technologies (ART), the majority High Court decision in Clark v Macourt [2013] HCA 56 confirms the manner in which damages are to be calculated for breach of contract.

More Download

What you should know about ‘reasonable endeavours’ after Verve

A successful High Court appeal reiterates the importance of clearly defining ‘reasonable endeavours’ obligations.

More

Court reminds experts of their obligations and warns of adverse costs orders for non-compliance

Experts who fail to meet court deadlines can find themselves on the wrong side of the law.

More

The need for speed: Is fast track arbitration suitable for your dispute?

It is often a case of ‘more haste, less speed’ before launching into fast track arbitration.

More

The High Court takes a defendant-friendly approach to extending the scope of liability for a failure to warn

Corrs Chambers Westgarth has contributed to the latest edition of Australian Product Liability Reporter.

More Download

Resolving disputes about Conduct and Compensation Agreements in Queensland

When compensation negotiations between resource companies and landowners stall, which dispute resolution method works best to get an agreement?

More

Kate Middleton obtains injunction in relation to topless photos - But can the Palace contain further publication of the images in the digital age?

The unauthorised pictures of the Duchess come at a time of renewed debate on privacy laws in the UK and when privacy reform in Australia is imminent.

More

Commercial arbitration in Queensland gets much needed overhaul

New commercial arbitration legislation will bring Queensland in step with other States.

More

Social media explosion leaves defamation law at the starting gate

The social media phenomenon is testing our laws that protect privacy and reputation.

More

New rules on discovery should be applauded

In an age of information overload, the return of necessity as the express foundation for discovery in the new Federal Court rules should be applauded.

More

Do you have the tactical and strategic edge in litigation?

From time to time you will be faced with a step which is unusual and not generally taken by lawyers. But if followed in the appropriate way it can save the client considerable time and money.

More

Reducing the costs of litigation

The cost of litigation has always been a focus, but economic factors in recent years have increased this further. But don’t forget, the costs are not always financial.

More

Early dispute resolution efforts compulsory in Federal Courts

The new Civil Dispute Resolution Act 2011 requires potential litigants to take, as far as possible, genuine steps to resolve disputes before initiating civil proceedings.

More

Making an international footprint

We may be down under, but we’re also down to earth.

More

Show me the money! Player agents and conflicts of interest!

Player agents operate in a competitive and lucrative industry. It is trite to say that professional sport in the 21st century is big business.

More Download

Our Experience

Australian airline group

Corrs acted for a major Australian airline group in a contractual dispute which was resolved by international commercial arbitration.

The arbitration was conducted under the arbitration rules of the American Arbitration Association, seated in New York.

Australian and US entities

A member of the Corrs team acted for Australian and US entities in relation to the enforcement in Australia of a foreign arbitral award made in Singapore under SIAC Rules.

The litigation included complex and new arguments under the public policy exception in the International Arbitration Act.

BAT

Corrs has acted for British American Tobacco companies in Australia and the UK in product liability and regulatory matters since 2002.

These include world first litigation in the High Court of Australia regarding the constitutionality of Australian ‘Plain Packaging’ laws prohibiting tobacco companies from affixing their intellectual property (including trade marks, copyrights, designs and patents) to cigarette packaging. The laws are the first of their kind in the world, and have enormous ramifications across a range of industries, including food and beverage (especially alcohol) industries.

Cargill

Corrs is acting for agribusiness giant, Cargill, the plaintiff in complex proceedings in the Supreme Court of Victoria against Glencore and Viterra.

Cargill alleges the sellers falsely represented the financial and operational performance of Joe White Maltings (JWM) during its AU$420 million sale. Cargill claims JWM’s value was based on its ability to produce circa 500,000 tonnes of malt annually in compliance with customer specifications and quality requirements. 

Cargill claims information was false and was premised on the improper practices of supplying malt. Our client is seeking damages  for misleading and deceptive conduct, breach of warranty under the acquisition agreement and negligent misstatement.

Our work on this matter is an example of the strong dispute/agribusiness capabilities for which the team is well known as a market leader in Australia. The case is highly complex and is representative of the growing trend in post-acquisition litigation.

Commonwealth of Australia

Corrs is acting for the Commonwealth of Australia (as represented by the Department of Health) in claims for compensation in the Federal Court of Australia at Sydney against a number of global and domestic pharmaceutical companies.

The claims are in respect of payments made under the Pharmaceutical Benefits Scheme by the Commonwealth in circumstances where, the Commonwealth contends, those payments would not have been required to be made but for interlocutory injunctive relief sought and obtained by the pharmaceutical companies in connection with disputed patent litigation. The Commonwealth’s claims for compensation arise from the fact that the pharmaceutical companies were ultimately unsuccessful in the patent dispute litigation.

ICC Rules

Corrs acted for an Australian client in an international arbitration under the ICC Rules.

The dispute arose out of the wrongful termination of an exclusive distribution agreement for building materials by an Italian party. The arbitration was seated in Singapore and the agreements were governed by Italian law. Corrs led a team of Australian and Italian lawyers.

International Shipping Company

Corrs is acting for an international shipping company and its Australian subsidiary in relation to its claims against an international maritime infrastructure company.

The dispute concerns the supply of services to develop infrastructure in connection with an LNG project in Western Australia.  The arbitration is seated in Western Australia.

Jordanian principal

A member of the Corrs team represented a Jordanian principal in an ICC arbitration conducted under Jordanian law with respect to a US$360 million claim for wrongful termination of a FIDIC form contract and a $400 million counterclaim for damages, loss of profit and defective works.

Multi-million dollar contractual dispute

Corrs acted in a multi-million dollar contractual dispute arising from equipment malfunction while drilling a well in New Zealand, gathering expert evidence on metallurgical failure, well design and inspection and repair of drilling equipment.

Arbitration was seated in Singapore and conducted under the SIAC Rules.

Rivercity class action - Claims involving $2 billion losses on major Australian Infrastructure Project

Corrs is advising Leighton Contractors Pty Limited, the market leader in the Australian construction market, in an investor class action which has been brought in the Federal Court of Australia in Sydney, arising out of the financial failure of the RiverCity Motorway Project (RCMP) in Brisbane, Queensland.

The core issue at stake is whether the forecasting of traffic usage and toll charges in respect of the Clem 7 tunnel (forming part of the RCMP) was deficient and, if so, who was to blameCorrs is representing firm anchor client, Leighton which was a member of the consortium which successfully tendered for the design, construction and operation of the Clem 7 tunnel. We have recently been successful in extracting Leighton from two of the three actions and therefore the claim value has dropped from in AU$1 billion plus to circa AU$200 million in the class action.

Singapore International Arbitration Centre

Corrs recently acted for an Australian client in an international arbitration seated in Singapore under the rules of the Singapore International Arbitration Centre.

The dispute concerned the termination of a contract for the provision of drilling services on performance grounds. Corrs worked with Singaporean and Indonesian lawyers in relation to the arbitration.

Stockholm Chamber of Commerce

Corrs acted in an international commercial arbitration before the Stockholm Chamber of Commerce concerning a plant constructed in the People’s Republic of China, for a world leading engineering, project management and consultancy company.

The matter included consideration of enforcement of foreign arbitral awards under the New York Convention.

Zomojo - High profile claim in relation to complex and ground breaking technology

Corrs is acting for Zomojo Pty Ltd in a high profile claim brought against its former co-managing director and head of research and development, Matthew Hurd, and the Zeptonics group of companies.

Zomojo Pty Ltd, a world leader in financial technology, has developed sophisticated high speed proprietary trading devices and technologies for equity and derivatives markets. With trading speeds of less than 10 microseconds, Zomojo’s devices are classed as the fastest in the world. 

The case concerns the misuse of financial technology devices and techniques acquired by Mr Hurd when acting as a director of Zomojo. Our role has been to investigate and demonstrate the links between the devices and techniques of Zomojo and those offered by Mr Hurd and Zeptonics and protect Zomojo’s intellectual property from misuse in the international market.  

A judgment found that Mr Hurd had wrongfully taken and used Zomojo’s technology and techniques, which he then used to establish competing products under the brand “Zeptonics” and attract international investors and customers. The court ordered the return of the IP to our clients.  Contempt proceedings have now been issued against the respondents and other parties.

Queen’s Wharf

Advising the Queensland Government on all tax aspects of the Queen’s Wharf Brisbane Integrated Resort Development in the Brisbane central business district.

The project is to comprise a mixed-use destination of circa nine hectares including over 1,100 premium hotel rooms in five new hotels.  This will include Brisbane’s first six-star hotel, three residential towers with circa 2,000 apartments, a new casino and a pedestrian bridge over the Brisbane River.

Gold Coast Light Rail

Advised the Queensland Government on Stages One and Two of the Gold Coast Light Rail (formally known as the Gold Coast Rapid Transit Project), a landmark infrastructure project for the construction and operation of a light rail linking key centres on the Gold Coast.

Corrs was involved from the outset of the project and advised the Queensland Government on all tax related issues including income tax, GST, stamp duty, land tax and council rates.

Confidential Client

Acted for an international pension fund service provider in relation to its participation as the second largest equity investor in a Consortium, which bid for the Transgrid New South Wales electricity transmission assets in the competitive privatisation process.

Our experienced team acted as lead tax counsel in respect of its proposed equity stake, which was the second largest in the consortium. Our team also advised on the tax aspects of the consortium structure, including advising on the entity for the provider’s investment, engagement with consortium tax advisors, engagement with the ATO on pre-bid clearance of tax issues for foreign members of the bid consortium and liaison with foreign counsel on local tax issues.

CLEM7

Advised the Macquarie/Thiess consortium on all tax aspects in relation to its bid for the CLEM7 project, a $3 billion public private partnership for a 6.7km tolled motorway with a 4.8km twin tunnel located in central Brisbane.

Melbourne Convention Centre

Advised the Victorian Government on the tax aspects associated with the development of the Melbourne Convention and Exhibition Centre (MCEC).

The team has continued to advise on various tax issues associated with the land tenure for the project and has more recently advised on the $210 million Stage 2 expansion of the MCEC. 

Victorian Comprehensive Cancer Centre

Advised Macquarie, Brookfield Multiplex and Acciona consortium in relation to all tax aspects of its bid for the $1 billion Victorian Comprehensive Cancer Centre.

The development comprises a new 13-storey building, as well as new facilities housing world-leading cancer organisations that have come together to share knowledge and resources and drive the next generation of cancer research, education, treatment and care. The Project is jointly funded by the Victorian and Australian governments.

Schools Projects

Advised the Victorian, Queensland, Western Australian and South Australian Governments on the tax issues associated with the delivery of schools projects by way of public private partnerships.

Corrs involvement ensured that Government understood the private sector’s complex models and transaction documents for delivering the projects and took into account the tax risk associated with the those models when evaluating competing bids for the projects.

Our Thinking

Roadblocks in London but Uber’s route looks clear in Australia

We look at the recent decision by the London regulator not to renew the ride-sharing company’s licence to operate and consider any implications for Australia.

No merit in Meriton’s conduct: Federal Court finds serviced apartment operator misled consumers on TripAdvisor

Businesses that try to manipulate online reviews to improve their rankings and avoid negative feedback do so at their peril.

‘Heroic’ or just plain risky? Twitter’s approach to proceedings backfires

A recent Supreme Court of New South Wales case involving Twitter is a timely reminder for any online platforms that may publish confidential information.

Commercially Sensitive: Confidential meets Open Justice

How can you protect commercially sensitive information when it’s being tendered in evidence?

Self incrimination, regulators and commissions – do I really have to answer that question? Part 2

This is our second article in this series. In this article we consider who can receive or make use of the transcript of a compulsory examination – including third parties – and the protections available to a person pleading a defence in court proceed

Reform fatigue as superannuation consultation commences once again

The Productivity Commission’s review into the competitiveness and efficiency of Australia’s superannuation system is underway with public consultation now occurring.

Self incrimination, regulators and commissions – do I really have to answer that question?

This is the first in a two-part series covering some of the issues arising from compulsory examinations, the privileges that may be available to a person being examined, and how the answers can be used.

Financial advice: The computer will see you now – Six considerations for deploying robo-advice in Australia

Traditional financial services business structures are under threat from rapid digital innovation. Financial advisers are increasingly being replaced by sophisticated computer programs.

Governance-driven reforms stir controversy in superannuation sector

Superannuation has long been an emotionally charged area of Australian political debate. The highest standards of governance, coupled with regulatory stability, are essential to maintain the public’s confidence in a system which manages over $2 trill

Contracting with a Chinese counterparty? Answers to your top three concerns

Transacting with Chinese counterparties has never been more common, but there are some recurring issues that often concern clients.

Email negotiations - Beware, you might already be bound!

Courts are ruling that email negotiations create binding contracts and businesses are finding themselves caught.

The pros and cons of making a submission to a parliamentary inquiry

Weighing up the benefits against the time and cost.

The real cost of litigation to your business: Five lessons to manage it

Don’t let litigation cost you more in time and money than it needs to.

Dispute resolution in Indonesia: Arbitration vs litigation

What are the common options for dispute resolution in Indonesia?

The rise and fall of a builder's duty of care to owners corporations

Builders and developers will be relieved to learn of the High Court’s decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan.

Victorian Inquiries Bill is a signal to business: Be ready to respond

Governments are increasingly using public inquiries to respond to difficult issues, and this has implications for private business and not-for-profits.

The International Arbitration Review 2014

The International Arbitration Review is an annual guide to international commercial and investment arbitration in the most significant jurisdictions worldwide and to the principal international arbitration institutions.

The rise of the information barrier: Managing potential legal conflicts within commercial law firms

The risk of potential client conflicts within law firms is growing as more firms merge and the sector consolidates.

Dining on international arbitration in Japan - What are you eating?

Japan is a reliable place for international arbitration, but it pays to know what you’re biting into.

Courts remind lawyers they have skin in the litigation game following the introduction of the Civil Procedure Act

Lawyers can be punished for breaching their overarching obligations under the CPA.

Protecting major sporting events held in Australia - Legislating against ambush marketing

A Bill that increases protection against businesses that free load off major sporting events is timely and welcome.

The evil of the grapevine - Defamed on social media

If defamatory allegations about you spread on Twitter or Facebook, what options do you have for recourse?

Is that search warrant valid? Give me back my documents and computer files

It is always worth a look at the fine print to see if a ground for challenging a warrant exists.

Damaged Goods. High price paid for warranty breach

Addressing unusual subject matter, donor sperm used in assisted reproductive technologies (ART), the majority High Court decision in Clark v Macourt [2013] HCA 56 confirms the manner in which damages are to be calculated for breach of contract.

What you should know about ‘reasonable endeavours’ after Verve

A successful High Court appeal reiterates the importance of clearly defining ‘reasonable endeavours’ obligations.

Court reminds experts of their obligations and warns of adverse costs orders for non-compliance

Experts who fail to meet court deadlines can find themselves on the wrong side of the law.

The need for speed: Is fast track arbitration suitable for your dispute?

It is often a case of ‘more haste, less speed’ before launching into fast track arbitration.

The High Court takes a defendant-friendly approach to extending the scope of liability for a failure to warn

Corrs Chambers Westgarth has contributed to the latest edition of Australian Product Liability Reporter.

Resolving disputes about Conduct and Compensation Agreements in Queensland

When compensation negotiations between resource companies and landowners stall, which dispute resolution method works best to get an agreement?

Kate Middleton obtains injunction in relation to topless photos - But can the Palace contain further publication of the images in the digital age?

The unauthorised pictures of the Duchess come at a time of renewed debate on privacy laws in the UK and when privacy reform in Australia is imminent.

Commercial arbitration in Queensland gets much needed overhaul

New commercial arbitration legislation will bring Queensland in step with other States.

Social media explosion leaves defamation law at the starting gate

The social media phenomenon is testing our laws that protect privacy and reputation.

New rules on discovery should be applauded

In an age of information overload, the return of necessity as the express foundation for discovery in the new Federal Court rules should be applauded.

Do you have the tactical and strategic edge in litigation?

From time to time you will be faced with a step which is unusual and not generally taken by lawyers. But if followed in the appropriate way it can save the client considerable time and money.

Reducing the costs of litigation

The cost of litigation has always been a focus, but economic factors in recent years have increased this further. But don’t forget, the costs are not always financial.

Early dispute resolution efforts compulsory in Federal Courts

The new Civil Dispute Resolution Act 2011 requires potential litigants to take, as far as possible, genuine steps to resolve disputes before initiating civil proceedings.

Making an international footprint

We may be down under, but we’re also down to earth.

Show me the money! Player agents and conflicts of interest!

Player agents operate in a competitive and lucrative industry. It is trite to say that professional sport in the 21st century is big business.

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