About Matthew McCarthy
Matthew has a broad practice in litigation and dispute resolution, and in insolvency and restructuring matters. He has 15 years' experience in Australia and the United States and has acted for clients in a range of disputes and regulatory matters (including Royal Commissions) canvassing financial services and superannuation, ASX and related securities law compliance, trade practices, taxation, product liability and defamation law. He has particular expertise in class actions and large scale complex commercial litigation. He also advises and acts for insolvency practitioners, creditors and other stakeholders in connection with insolvency administrations, restructurings and workouts.
Relevant experience:
- Epic Games – in two Federal Court proceedings against Apple and Google alleging misuse of market power and other anti-competitive conduct in respect of mobile app distribution and in-app payment systems. This is the first big tech antitrust litigation in Australia and involved complex expert evidence from a range of disciplines including technology, security, payments, antitrust economics, econometrics, behavioural economics and forensic accounting. It involved a 16-week trial and included two related class actions.
- Crown Resorts – acting for entities in the Crown Resorts group in Royal Commissions in Victoria and Western Australia, and in a range of regulatory matters involving the various State-based gaming and liquor regulators.
- Montara class action – advising and acting for PTTEP Australasia in defence of a class action arising from the Montara oil spill and the alleged consequential destruction of the West Timorese seaweed industry, and in a related multi-billion dollar claim by the Indonesian government.
- Ford 'Powershift' class action – acting for Ford Australia in defence of a class action in the Federal Court of Australia seeking compensation in relation to allegedly defective transmissions in certain Ford vehicles.
- Walton Construction class action – acting for National Australia Bank in class action proceedings brought by sub-contractors of the Walton Construction group, seeking compensation for alleged unconscionable conduct and other equitable claims.
- Newcrest class action – acting for Newcrest in a securities class action regarding disclosures associated with the company's FY14 gold production guidance and the recoverable value of an asset, and in separate proceedings against Newcrest's insurer claiming indemnity under its D&O policy.
- Steller Group receivership – acting for the receivers appointed to various entities in the Steller Group of companies, a Melbourne based property development group.
- Great Southern litigation – acting for Bendigo and Adelaide Bank Ltd in its capacity as lender to investors in Great Southern group managed investment schemes including in defending one of the largest class action proceedings ever commenced in the Supreme Court of Victoria, and a multitude of related proceedings in the Supreme Courts of New South Wales and South Australia, and providing strategic advice over the course of the matter.
- Banksia Mortgages restructure – advising the Board of Banksia Mortgages in connection with the appointment of receivers and managers to certain entities in the Banksia Group, a large mortgage debenture fund based in regional Victoria, and the wind down of the group.
- Rio Tinto Limited – advising Rio Tinto in a regulatory investigation relating to continuous disclosure arising from its acquisition of Alcan, Inc.
- ExxonMobil Superannuation Plan litigation – acting for Esso Australia Pty Ltd in contested proceedings in the Supreme Court of Victoria for rectification of the trust deed of its in-house superannuation fund, and in ancillary proceedings seeking compensation from advisers.
- ALE Property Group leasing litigation – acting for ALE in Supreme Court proceedings concerning the interpretation of commercial lease terms.
- Centro Properties Group restructure – advising and acting for the syndicate of senior lenders to Centro in connection with the syndicate's facilities and the restructure of the Centro Group.
- Willmott Forests receivership – acting for the receivers and managers appointed by two leading Australian banks to the Willmott Forests group of companies, which operated a number of forestry managed investment schemes.
Matthew has an impressive capacity to quickly identify the key issues in an assignment, and works closely with his clients to develop strategies and solutions that meet their legal and commercial objectives. He is recognised for his ability to think outside the square, and he has a proven track record of providing clear, concise and timely strategic advice and assistance, which enables his clients to respond quickly and decisively to issues that arise over the course of legal proceedings.
Accreditations, memberships, awards and professional recognition:
- Bachelor of Laws (Honours), University of Adelaide
- Insolvency Education Program, Insolvency Practitioners' Association of Australia
- Member, Law Institute of Victoria
Matthew has been trained formally in Legal Project Management, most recently attending a full‑day LPM workshop delivered by US legal project management expert Susan Raridon Lambreth. Matthew's LPM expertise drives efficient legal and business outcomes for his clients.