Robert is one of Australia's leading commercial litigation lawyers specialising in large scale, complex disputes, class actions and insurance claims.
Robert has been involved in many of Australia’s most high-profile commercial litigations and class actions including directors' and officers' liability, professional indemnity claims, regulatory proceedings, and more recently, many of the significant shareholder and other 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 Dick Smith, Opal Tower, Quintis, Hyundai and Kia 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 currently chair of the International Bar Association’s Class Action Committee.
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.
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.
Work highlights
Hyundai and Kia
One of Australia’s largest motor vehicle class actions involving defective Hyundai and Kia motor engines involving over 500,000 Australian car owners Where damages could be over $1 billion.
3M
Acting on the multiple environmental toxic firefighting foam class actions against the Department of Defence (which have seen settlements reached of over $400M) and ongoing investigations and inquiries.
Facebook/Meta
First ever Australian Privacy Act group claim for damages in relation to Facebook's data breaches involving Cambridge Analytica involving over 300,000 group members.
Optus privacy data breach
Acting for the representative complainant against Optus in the largest Australian Privacy Commission investigation over the cyber hacking of over 10 million telco customers.
Quintis
Defence of 3 shareholder class actions involving continuous disclosure breaches and audit negligence claims.
Kingdom of Spain
Defence of multiple proceedings seeking to have recognised and enforced arbitral awards against Spain in the hundreds of millions of dollars.