Nicholas specialises in large and complex Federal and Supreme Court litigation with a particular emphasis on representative proceedings (class actions), regulatory actions, and general commercial litigation across a range of industries and legal issues.
Nicholas is a litigator with an extensive commercial practice, specialising in general commercial litigation, representative proceedings (class actions), regulatory actions, and arbitrations. His clients include corporates, government regulators, foreign governments, and litigation funders.
He regularly acts in complex, high-profile disputes. Recent matters include acting for the Kingdom of Spain in relation to arbitral awards worth in excess of A$300 million, regulatory proceedings against social media giant Meta Platforms in relation to the alleged proliferation of scams on the Facebook platform, as well a successful High Court appeal examining, among other things, the standard of knowledge required to establish accessorial liability in an unconscionable conduct claim. Nicholas has also recently acted for Jet Aviation, owned by General Dynamics, in a dispute arising from the supply of equipment to the New Zealand defence force. The claim against Jet was wholly dismissed following a trial in the Federal Court, with costs awarded in Jet’s favour.
He is well-regarded for his legal analysis and strategy, attention to detail, and common sense advice.
Nicholas has a Juris Doctor from the University of Technology Sydney. He was awarded the Allens Aurther Robinson Award for receiving the top grade in his year in Commercial Law. Nicholas also has a Bachelor of Arts / Media and Communications form the University of New South Wales.
Acting for the ACCC in prosecution proceedings in the Federal Court of Australia against Meta Platforms Inc (formerly Facebook Inc). The proceedings concern the alleged proliferation of scam advertisements on the Facebook platform, the targeting and other tools Meta makes available to alleged scam advertisers, and the reasonableness of the steps Meta has taken to address those issues.
Acting for the Kingdom of Spain in proceedings in the Federal Court of Australia resisting recognition and enforcement of three separate ICSID arbitral awards worth hundreds of millions of dollars. The disputes arise from a conflict between the ICSID Convention and the EU Treaties, which established the European Union.
Acting for Deloitte as receivers of the Griffin Coal Mining companies, the major supplier of coal to a coal fire power station which supplies approximately 10-20 per cent of electricity demand to the main electricity grid in Western Australia. One of the largest receiverships in Western Australia, with approximately A$1.4 billion owing to secured creditors. The matter involved defending Federal Court of Australia proceedings seeking judicial inquiry into the conduct of the Receivers under s 423 of the Corporations Act. The Court declined to order an inquiry.
Acting for the ACCC in an appeal to the High Court of Australia which considered issues of major legal significance in relation to, among other things, standard of knowledge required to establish accessorial liability in claims of unconscionable conduct. The appeal, in prosecution proceedings against Captain Cook College, its parent company, and members senior management, followed wholly successful outcomes at trial and in the Full Federal Court.
Defending two separate proceedings brought in the Supreme Court of NSW and the Federal Court of Australia against Jet Aviation, a global aviation company owned by General Dynamics. The FCA proceedings concern a dispute arising from the supply of aircraft and pilot training equipment to the New Zealand defence force.
The High Court has found in favour of the ACCC in an important proceeding raising fundamental issues concerning the scope of the systemic unconscionable conduct prohibition and the principles...
In proceedings brought in the Federal Court of Australia, ASIC has successfully established that one of the world’s largest investment managers contravened the ASIC Act when it made a series of...
Further to our recent insight on ASIC’s greenwashing case against Vanguard Investments, ASIC’s strategic focus on greenwashing conduct in the funds sector continues.