Tom is a litigator, specialising in regulatory disputes, corporate and commercial litigation, competition, antitrust and administrative law.
Tom has acted in, and has successfully concluded, commercial and civil disputes for Government Departments, Agencies, GBE’s and statutory authorities, large corporations and major professional services firms, including matters that require a keen appreciation of political and cultural sensitivities and reputational risk.
Tom’s particular skill lies in the strategic management of protracted legal disputes - to pre-empt, resolve or litigate them. With nearly 30 years’ experience, Tom is well placed to identify the legal issues and commercial drivers behind a dispute and where possible, to formulate a strategy for the resolution of that dispute which aligns with the objectives of his client. Tom has successfully negotiated favourable settlements in many instances well prior to trial, resulting in significantly reduced costs for his clients. He is an advocate for legal project management and the application of technology to streamline the delivery of litigation services.
Tom has extensive experience litigating before Australian courts on behalf of clients from a wide variety of industry groups, including the banking, construction, energy, financial services, FMCG, franchising, government, infrastructure, manufacturing, media, primary industry, professional services, resources, retail, technology and transport sectors.
Advising government departments, Agencies and statutory authorities including the Victorian Departments of Treasury and Finance, Human Services and Sustainability and Environment, Victorian Managed Insurance Authority, Victoria Police, the Victorian Workcover Authority, VicRoads and various Commonwealth Departments and Agencies.
Acted for the responsible entity of an investment trust operating in the aged care services sector defending allegations of misappropriation of trust monies and responding to an investigation by ASIC.
Acting in commercial disputes involving the construction of commercial agreements and claims for breach of warranty, wrongful termination of contract, rectification, specific performance, rating and valuation of land and economic loss.
Acting both for and against the ACCC in respect of numerous high profile enforcement actions arising under the anti-competitive and consumer protection provisions of the Competition and Consumer Act, in particular concerning cartel conduct, resale price maintenance and consumer protection, as well as in private litigation alleging contraventions of the Act.
Retained by legal and accounting firms to defend professional negligence claims against them.
The ACCC has announced its intention to pursue higher penalties for breaches of the Australian Consumer Law (ACL).
The Federal Government's Misuse of Market Power Bill is the next step in its commitment to implement the ‘Harper’ Competition Policy Review’s misuse of market power reform recommendations
The Competition and Consumer Amendment (Misuse of Market Power) Bill 2016 (Misuse of Market Power Bill) has passed the House of Representatives and is currently before the Senate.Prior to passing...