9 December 2024
Consumer credit protections catch up to the 'buy now pay later' sectorRead moreTom JarvisChristopher SonesChristian Jones
Tom is a senior litigator, specialising in regulatory disputes, corporate and commercial litigation, consumer law, competition, antitrust and administrative law.
He 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 more than 35 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.
He 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.
Tom is a graduate of the Australian Institute of Company Directors.
Work highlights
Banking Royal Commission
Acting for ASIC in the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry and subsequently securing total penalties in excess of $40 million for ASIC in matters arising against Westpac subsidiaries BT Funds Management and Asgard Capital, Aware Super and CBA subsidiary Colonial First State.
BBSW
Acting for ASIC against ANZ, CBA, NAB and Westpac in landmark litigation alleging market manipulation and rigging of the Bank Bill Swap Rate for financial gain resulting in total penalties, community benefit payments and costs of $125 million.
GetSwift
Acting for ASIC against GetSwift Ltd and its directors resulting in the highest ever penalty awarded against a company for breaching its continuous disclosure obligations.
ANZ Capital Raising
Acting for ASIC against ANZ in relation to its 2015 capital raising. ASIC was successful both at first instance and on appeal in establishing that ANZ breached its continuous disclosure obligations.
Productivity Partners and Wills
Systemic unconscionable conduct proceedings for the ACCC against education provider Captain Cook College and it’s COO arising out of its abuse of the federal government’s VET Fee-HELP vocational education scheme, and subsequent appeals against the decision to the Full Federal Court and the High Court. The High Court unanimously found in favour of the ACCC. The case clarifies when a director will have accessorial liability for the acts of a company.
Commercial Disputes
Wide range of 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.