Robert is one of Australia's leading commercial litigation lawyers specialising in large scale, complex disputes and class actions.
Robert has been involved in many of Australia’s most high profile commercial claims and class actions including directors' and officers' liability, professional indemnity claims, trustee cases, regulatory proceedings, most of the major the multi-billion dollar infrastructure “traffic forecasting” class actions and more recently, many of the significant shareholders' class actions.
Robert has been involved in class actions in Australia since the regime was introduced and is recognised as one of Australia’s leading lawyers in that field. He defended AMP in the first ever major shareholder class action, defended Permanent Trustee in ASIC’s first ever s50 class action and has more recently been involved in the MFS, Dick Smith, Opal Tower and Quintis class actions. His expertise was also recognised by the judiciary with his appointment by the Full Federal Court as one of the first “contradictors” to assist the court in a ground-breaking appeal involving contingency fees.
Robert is also a recognised insurance expert not only advising on policy wordings and recoveries but having the confidence of insurers who have appointed him as defence counsel in numerous matters including class action defence work.
Additionally, Robert has dealt extensively with regulators including ASIC, APRA, the ACCC and the ASX. He also has Royal Commission and other major enquiries experience.
Robert is endorsed by his peers as a leading expert in the areas of dispute resolution, class actions, insurance and reinsurance including in Chambers and Partners, Legal 500 Asia Pacific, Euromoney’s Expert Guides, Legal Who’s Who, Doyle’s Guide and Best Lawyers. He is regarded as “strategic and approachable”, a lawyer who “really looks after his clients” with an “outstanding level of personal service”. Clients say Robert Johnston stands out for his mastery of the class action discipline describing him as "an outstanding communicator who keeps me completely up to date and can put a legal argument into straightforward language" and with his presence being one of the key reasons for using the practice for one major client.
Advising in relation to numerous filed and potential product liability and environmental damage class actions around Australia.
Acting for the complainant in the first ever Australian Privacy group action for damages against Facebook over its data breaches involving Cambridge Analytica.
Acting in the defence of 3 shareholder class actions involving continuous disclosure breaches and audit negligence claims.
Acting for institutions in a $300M shareholder class action.
Personally appointed by the President of the Federal Court as an expert to assist the court in a significant class action.
Acting in defence of the $250 million IPO shareholder class action which included claims against AECOM’s traffic forecasts.
Advising on the class action against Commonwealth and company arising from the TGA’s decision to cancel Pan’s licenses including the claims resolution process.
Acting for class action claimants in a $300 million collapsed property trust claim against auditors.
Acting for the litigation funder in this seminal class action securities claim.
Acting in one of the first foreign bribery prosecutions and succeeded in a very rare No Bill application before trial.
Acting for ASIC and one of its commissioners.
Seeking indemnity under a $300 million D & O policy with securities claims extension in an international arbitration in Amsterdam.
Acting for liquidators in their $275 million claims against the auditors.
Acting for a party involved in ARUP’s allegedly deficient traffic forecasts in the bank lenders’ $2 billion claim.
Acting in defence of AMP’s $150 million claims of negligence made against the major traffic forecaster, Parsons Brinkerhoff traffic forecasting.
Advising compensation fund trustees at enquiry.
Representing major bank’s witnesses in ASIC enquiries and subsequent litigation.
Advising insurers in relation to various claims against the stock-brokers and bankers.
Acting in defence of the then largest ever class action.
Advising Rich against ASIC.
Ranked as a leading individual in dispute resolution: class actions
Ranked as a leading dispute resolution lawyer
Ranked as a leading individual in dispute resolution: litigation
‘Robert Johnston is the epitome of a professional. He is confident, intelligent, articulate, and provides the client with absolute confidence in his strategy and abilities. He has a unique ability to simplify the complex and map out the litigation strategy with clarity'
Dispute resolution partner of the year (finalist)
Recommended commercial litigation & dispute resolution lawyer New South Wales
Robert Johnston is described as "good in the class action space and right across it"
Recognised as a recommended lawyer in dispute resolution
Recognised in class action litigation, litigation and insurance law
Partner Robert Johnston, Senior Associate Nicholas Briggs and Senior Associate Sara Gaertner have written the Australian chapter in The Law Reviews 5th edition of The Class Actions Law Review.
“Auctions” or “beauty parades” are here to stay in class actions and so we will continue to see a race to file with multiple law firms and multiple funders vying for the ”prize” of being selected...
The Federal Court of Australia and the Supreme Court of New South Wales look to have brought the practice of pre-settlement class closures to an end, at least for the time being.