‘Beat the Clock’ 2023 – Practical legal ethics | Maintaining independence – The good, the bad, the ugly: Challenges for in-house counsel

Nick’s experience spans a broad range of litigation and alternative dispute resolution processes across various state and federal courts and tribunals. Nick has a thorough understanding of the drivers of the successful resolution of complex litigation.  Having held senior in house and private practice roles he appreciates the need for legal and technical excellence to be guided by the desired commercial outcome.  The foundation of optimal outcomes has its foundation in a cohesive and collaborative approach between client and lawyer.

He has considerable experience in acting for clients in both the aviation and insurance sectors. Nick has acted for many of the major airlines and their insurers across a range of issues.  In the insurance sector his primary focus was on professional indemnity matters.

Nick has been a member of the QLS Ethics Committee for 8 years and is a former member of the Australian Insurance Law Association Committee (Qld Branch).

Caterina is a commercial litigator with over 10 years’ experience in commercial litigation across various state and federal courts and tribunals has considerable experience in alternative methods of dispute resolution, including arbitrations.

She has acted in a number of high value, multi-party disputes for the firm’s major clients.  These clients range from ASX listed corporations to smaller corporations, non-corporate entities and individuals.

Caterina acts in small, medium and large complex matters, some of which have extra-territorial issues.  Her experience is in contractual disputes, advising on contractual obligations and possible actions against contracting parties, corporate and regulatory disputes arising from the corporations legislation framework and equitable claims, such as breaches of fiduciary duties and claims in restitution.

Her experience has been predominantly in the energy and resources sector and the financial services sector.  Some notable matters include:

1. Federal Court proceedings brought by ASIC against Maxi EFX Global in relation to alleged breaches of the Corporations Act and Australian Securities and Investments Commission Act in the conduct of Forex and CFD trading;
2. concurrent arbitration proceedings for an energy and resources sector client arising out of two engineering, procurement and construction contracts for the upgrade of two power stations where costs and liquidated damages were in the vicinity of $29 million;
3. Federal Court proceedings brought by ASIC, alleging that between March 2019 and August 2021, Ferratum Australia Pty Ltd breached consumer credit protection laws in relation to small amount credit contracts; and
4. arbitration proceedings for a financial services client arising out of termination of a complex set of contractual arrangements.

Caterina is known for her efficient management of complex disputes and her analytical, considered and collegiate approach to matters on which she works.