Disputes & Investigations
In an environment of increased regulatory scrutiny and litigation risk, it is critical to have systems and processes in place to manage business and conduct risk in your organisation.
Should those risks materialise into disputes or investigations, strategies are required that are aligned to reputational and commercial drivers, and that enable effective responses - often under tight timeframes.
How we can help
We are experts in assisting clients with complex disputes and investigations matters
Ranked as a band-1 disputes practice by Chambers Global, we act in the most complex, high-value and reputationally significant disputes and investigations in the Australian market. Our clients have access to leading practitioners with experience across a range of sectors.
We advise on:
- Commercial and contractual disputes;
- Regulatory inquiries and investigations;
- Corporate crime;
- Cyber attacks and data breaches;
- Internal investigations, and our award winning eDiscovery & Regulatory Services;
- Royal Commissions/Commissions of Inquiry/coronial inquests;
- Class actions;
- Product liability and product recall;
- Projects, infrastructure and construction disputes;
- Taxation disputes & Investigations;
- Risk and compliance advisory;
- Arbitration;
- Insurance claims and advisory; and
- Employment and safety matters.
Working alongside our clients in a changing environment
Our team works side by side with clients as they confront the challenges of a constantly changing legal and regulatory landscape, with regulatory reform and new enforcement approaches by regulators high on the agenda.
Acting decisively and immediately when faced with an unexpected major incident, crisis or litigation
We mobilise quickly, listen to your concerns and base our recommendations on what's most important to you, ensuring we minimise reputational and legal risk.
Leveraging leading technology and expertise to collect and review vast quantities of documents and data
Through our eDiscovery & Regulatory Services, we combine low cost document review, AI and predictive coding with legal insight to help clients reduce costs and meet deadlines.
Experience
Crown Resorts
Acting for Crown Resorts in relation to two Royal Commissions (Victoria and Western Australia), and a Commission of Inquiry (NSW) into the suitability of Crown to hold casino licences in those states respectively, and a subsequent AUSTRAC investigation, securities class action and other contentious matters.
Nissan Takata airbags class action
Acted for Nissan Motors Australia in class action proceedings relating to alleged safety issues with Takata airbags. This case was conducted in parallel with the largest safety recall in Australian history and class actions in other countries.
Commonwealth Bank of Australia
Advising CBA in a class action against two of its wealth advice businesses and CommInsure (now AIA), concerning allegations that financial advisers failed to act in customers' best interests by recommending CommInsure life insurance products over 'substantially equivalent or better' policies with lower premiums.
Rio Tinto mining dispute
Advised in connection with its involvement in a complex dispute between Hancock Prospecting, Wright Prospecting and DFD Rhodes over the multibillion-dollar Hope Downs iron ore project in Western Australia. The proceedings involved disputes and resources specialists across our Sydney and Perth offices.
Defence of Asahi claim
Advised the Hong Kong-based Unitas Capital private equity group defending an $800 million claim by Asahi for misleading or deceptive conduct in connection with Asahi's acquisition in 2011 of alcoholic beverages producer Independent Liquor.
CITIC US$10bn litigation
Acted for CITIC in connection with a range of litigation with Mineralogy, Clive Palmer, and other Palmer-related entities, concerning the massive Sino Iron Project in the Pilbara, Western Australia.
Australian and New Zealand Banking Group Limited
Acted for ANZ in relation to an ACCC investigation and subsequent criminal cartel prosecutions brought against ANZ, two global investment banks and six senior executives regarding a $2.5 billion institutional share placement undertaken by ANZ in August 2015.
ISPT dispute
Advised on a number of issues concerning its major redevelopment of the Forrest Chase shopping centre in Perth. This included acting in a complex dispute with a business located adjacent to the shopping centre.
Westpac Banking Corporation
Allens advised Westpac on its dispute with Industry, Innovation and Science Australia (IISA) in respect of a number of transformative software innovation projects that put in place Westpac's internet banking platform (and other platforms) for the next two decades.
Hornsdale Wind Farm (HWF1 Pty Ltd)
Acted for HWF1 Pty Ltd (now owned by Neoen and First Sentier Investors in a joint venture) in its defence of civil penalty proceedings brought by the Australian Energy Regulator in relation to the state-wide blackout that occurred in South Australia on 28 September 2016.
Aware Super Pty Ltd as trustee for Aware Super (Aware Super)
Following a Financial Services Royal Commission case study, and an Australian Securities and Investments Commission (ASIC) investigation, Allens acted for Aware Super, and its subsidiary Aware Financial Services Australia Limited (Aware Financial Services), in responding to an ASIC civil penalty proceeding in relation to 'Fees for No Service' conduct.
Commonwealth Bank of Australia
Allens is advising CBA in relation to an application filed by two of its shareholders in the Federal Court of Australia regarding the financing of certain oil and gas-related projects in the context of CBA's public commitments relating to climate change, as well as documents relating to CBA's implementation of those public commitments.