Practice Profile
Brad practises in all aspects of commercial litigation, with particular expertise in corporations and securities law (including schemes of arrangement), professional negligence claims and banking and financial services litigation.
He also has experience in insolvency matters, class actions, regulatory investigations (involving ASIC and the ACCC), breach of confidence proceedings, and defamation.
Before joining the Bar, Brad worked in the litigation departments of Herbert Smith Freehills and King & Wood Mallesons.
Brad read with Penny Neskovcin QC.
Selection of recent matters
SECURITIES CLASS ACTIONS
McFarlane atf S McFarlane Superannuation Fund v Insignia Financial Ltd [2023] FCA 1628 (For Insignia in proceedings alleging breach of continuous disclosure obligations and misleading and deceptive conduct where share price of Insignia fell following publication of media articles containing allegations of misconduct)
RK Doudney Pty Ltd atf the RK Doudney Superannuation Fund v IOOF Holdings Ltd (Supreme Court of NSW, settled) (For IOOF in proceedings alleging breach of continuous disclosure obligations and misleading and deceptive conduct relating to the alleged use of trust assets to compensate beneficiaries of a superannuation fund)
TPT Patrol Pty Ltd atf Amies Superannuation Fund v Myer Holdings Limited (2019) 293 FCR 29 (briefed by Myer to assist with evidence preparation in proceedings alleging breach of continuous disclosure obligations and misleading and deceptive conduct where share price of Myer fell following Myer’s announcement of its expected financial performance)
IOOF Holdings v Maurice Blackburn Pty Ltd (Supreme Court of Victoria, settled) (For IOOF seeking to restrain the use of confidential information by Maurice Blackburn to commence a shareholder class action)
CONTRACT AND STATUTORY INTERPRETATION
Fonterra Brands (Aust) Pty Ltd v Bega Cheese Ltd (2021) 159 IPR 494 (For Bega Cheese in lengthy proceedings alleging breach of contract, rectification for mistake, restraint of trade and misleading and deceptive conduct)
Eni Pty Ltd v Transocean Ltd (Supreme Court of Western Australia, settled) (For Transocean in proceedings alleging breach of contract relating to the supply and operation of a drilling rig in the Timor sea)
Tabcorp Holdings v State of Victoria(2016) 328 ALR 375 (For Tabcorp in the High Court of Australia seeking a refund of its gaming and wagering licence fees)
Funtastic Limited v Madman Film & Media Pty Limited [2016] VSC 708 (For Funtastic in a dispute regarding completion of a share sale agreement and an expert accountant’s determination of the treatment of various adjustments)
Bapcor Ltd v Specialist Wholesalers Pty Ltd (Supreme Court of Victoria, settled) (For Bapcor in proceedings alleging breach of contract and restraint of trade concerning a competing business)
Mair v Rhodes & Beckett [2018] VSC 132 (For Rhodes & Beckett in a dispute concerning the termination of a shareholders agreement and for breach of contract and breach of fiduciary duty by companies that own and operate shirt and suit retail and wholesale businesses, and related oppression proceedings).
TRUSTS
Australian Prudential Regulation Authority v IOOF Holdings & Kelaher (2019) 138 ACSR 459 (For IOOF in in proceedings alleging breach of duties by the trustee and the directors where disqualification orders sought)
Re Diversa Trustees Ltd (in its capacity atf Future Super Fund) [2023] VSC 279 and Re Guild Trustee Services Pty Ltd (in its capacity atf Guild Retirement Fund) [2023] VSC 629 (For trustees seeking consent to receive and give a benefit in the context of the retirement of existing trustees and appointment of new trustees)
ROYAL COMMISSIONS
Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry - for IOOF Holdings Ltd and separately for Zurich Australia Ltd
CORPORATIONS AND SECURITIES
Re Structural Monitoring Systems PLC [2022] FCA 473 (For SMS seeking relief from liability for failure to give cleansing notice)
Re EDN Supplies Pty Ltd (subject to Deed of Company Arrangement) (Supreme Court of Victoria, settled) (For EDN defending an application to terminate a DOCA).
Re Brandy Creek Development Pty Ltd (Supreme Court of Victoria, settled) (For plaintiffs in application to wind up partnership and related companies on just and equitable ground and appoint a liquidator)
Re 333D Ltd [2021] FCA 349 (For 333D seeking relief from liability for failure to give cleansing notice)
Mair v Rhodes & Beckett [2017] VSC 54 (For Rhodes & Beckett in corporate administration where injunction sought to restrain payment of assigned debts)
Bill Express Ltd (in Liq) v KPMG (Supreme Court of Victoria, settled) (For KPMG in proceedings alleging professional negligence and misleading and deceptive conduct relating to the conduct of audits of Bill Express)
Gunns Ltd (in Liq) v KPMG (Supreme Court of Tasmania, settled) (For KPMG in proceedings alleging professional negligence, misleading and deceptive conduct and breach of directors’ duties relating to the conduct of audits of Gunns Ltd)
SCHEMES OF ARRANGEMENT
Appeared for the target company in numerous schemes of arrangement, including takeover schemes, re-domicile schemes and trust schemes, including:
APPEALS FROM MARKET RENTAL DETERMINATIONS
Bevendale Pty Ltd v Lucky Eights Pty Ltd [2020] VSCA 312 (For Lucky Eights in proceedings in VCAT, the Victorian Court of Appeal and the High Court)
Verraty Pty Ltd v Richmond Football Club Ltd (2020) 63 VR 150 (For Verraty in proceedings in the Victorian Court of Appeal)
128 Bourke St Pty Ltd v ESM Nominees Pty Ltd [2023] VCAT 1265 (For 128 Bourke St Pty Ltd in proceedings in VCAT)
DEFAMATION
Yunghanns v Colquhoun-Denvers [2019] VSC 433 (For Peter Yunghanns in lengthy defamation proceedings in the Victorian Supreme Court)