Kane Loxley Portrait

Kane Loxley

Bar roll 2012 Admitted 2009
  • Commercial Law Tort Law
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Kane Loxley practises in commercial litigation

Kane has a broad commercial practice. He has significant experience acting for leading corporations in class action, regulatory and inquisitorial proceedings.

Contact

Correspondence
Chambers & Clerk

Aickin Chambers
Level 19 Room 12

200 Queen Street 
Melbourne VIC 3000 

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Jane King

03 9225 8558

Expertise

Commercial Law
  • Appellate
  • Commercial Arbitration
  • Contractual Disputes
  • Corporations & Securities
  • Equity & Trusts
Tort Law
  • Class Actions
  • Commissions & Inquiries
  • Inquests

Qualifications

Qualifications

Master of Laws (Sydney)

Bachelor of Laws (Dist)

Bachelor of Arts (Hons) (UWA)

Admitted

Victoria

Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia

Recent Cases

Shareholder Class Actions

Lieberman v Crown Resorts Limited: acting for Crown in a misleading conduct and continuous disclosure case based on allegations from the NSW Casino Inquiry (ongoing) (led by N Young QC and C Button QC, instructed by Allens)

Buch / Gehrke v Freedom Foods: acting for the auditor of Freedom Foods (Deloitte) in a shareholder class action (ongoing) (led by W Harris QC, instructed by Corrs Chambers Westgarth)

Southernwood v Brambles Limited: acting for Brambles in a market guidance class action (ongoing) (led by C Button QC, instructed by Allens)

Impiombato v BHP Group Limited: acting for BHP in a class action arising out of the collapse of the Fundao dam in Brazil (ongoing)(see, eg, [2019] FCAFC 107; [2020] FCA 350; [2020] FCA 1720) (led by W Harris QC, instructed by Herbert Smith Freehills)

Fisher v Vocus Group Limited: acting for Vocus in a market guidance class action (settled) (see [2019] FCA 712; [2020] FCA 579) (led by M Garner instructed by Herbert Smith Freehills)

Clime Capital v UGL Limited: acting for UGL in a class action arising out of the construction of the Ichthys LNG facility (settled) (see [2020] FCA 66) (led by W Harris QC instructed by Herbert Smith Freehills)

Whittenbury v Vocation Limited: acting for PwC in a class action arising out of the collapse of the VET provider Vocation (settled) (led by M Garner instructed by Herbert Smith Freehills)

Babscay Ltd v Slater & Gordon Limited / Pitcher Partners (a firm): acting for the representative plaintiff in proceedings arising from the collapse of Slater & Gordon (see, eg, [2019] FCA 480) (led by W Harris QC and R Craig QC instructed by Johnson Winter & Slattery)

Earglow v Newcrest Mining Limited: acting for Newcrest in a class action concerning gold production guidance (settled) (led by W Harris QC and R Craig QC instructed by Herbert Smith Freehills)

Other Class Actions

Fordham v Commonwealth Bank of Australia: acting for the CBA in a class action concerning the sale of consumer credit insurance products (ongoing) (led by N Young QC instructed by Clayton Utz) 

Batey-Smith v Vasco Trustees: acting for the respondent trustee and AFSL holder in a class action by unitholders of the IPO Wealth fund (ongoing) (led by R Craig QC instructed by Johnson Winter & Slattery)

5 Boroughs / Roberts v State of Victoria: acting for the State defending class actions arising out of the Hotel Quarantine program (ongoing) (led by R Doyle SC and R Enbom QC instructed by Herbert Smith Freehills)

Moira Shire Council v Jardine Lloyds Thompson: acting for local council plaintiffs in a class action regarding insurance (ongoing) (led by P Crutchfield QC and R Craig QC instructed by Quinn Emmanuel Urquhart Sullivan)

Bolitho v Banksia Securities: acting for the litigation funder of the Banksia class action (see, eg, [2018] VSCA 278 and [2020] VSC 123) (unled, instructed by Arnold Bloch Leibler)

Kamasaee v Commonwealth of Australia: acting for Wilson Security in a class action brought by detainees on Manus Island (settled) (see, eg, [2018] VSC 138) (led by R Craig QC instructed by Herbert Smith Freehills)

Regulatory Proceedings

ASIC v Commonwealth Bank of Australia & Colonial First State: acting for Colonial First State in civil penalty proceedings concerning the alleged provision of conflicted remuneration (ongoing) (led by J Sheahan SC and N de Young QC instructed by King & Wood Mallesons)

ACCC v Bupa Aged Care Australia Pty Ltd: acting for Bupa in proceedings brought by the ACCC ([2020] FCA 602) (led by R Higgins SC instructed by Herbert Smith Freehills)

ASIC v Mitchell and Healy: acting for the former President of Tennis Australia in proceedings brought by ASIC ([2019] FCA 1484; [2020] FCA 1098) (led by N Young QC and P Flynn SC instructed by Herbert Smith Freehills)

Commissions and Inquiries

Suitability inquiries into Crown Resorts Limited: acting for Crown in the NSW Casino Inquiry (led by N Young QC instructed by Minter Ellison) and the Crown Melbourne Royal Commission (led by M Borsky QC and C Button QC instructed by Allens) 

Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry: acting for the Commonwealth Bank of Australia (led by C Scerri QC instructed by Clayton Utz)

Parliamentary Inquiry into Jukkan Gorge cave destruction: acting for BHP Limited (led by N Young QC instructed by King & Wood Mallesons) 

Other Significant Cases

Talacko v Talacko: acting for an estate in a long-running family dispute concerning property in the Czech Republic, including in appeals in the High Court (led by W Harris QC) and Court of Appeal ([2017] VSCA 163) (led by N O’Bryan SC instructed by Patrick & Associates)

Tabcorp / Tatts v State of Victoria: acting for the State of Victoria at the trial and appeal phases of litigation concerning end-of-licence compensation claims, including in the High Court (see, eg, [2016] HCA 4 and [2016] HCA 5) (led by J Karkar, W Harris QC and R Craig instructed by Johnson Winter & Slattery)

Lochard Energy v Energy Australia: acting for EnergyAustralia in a large-scale dispute arising out of the sale of a gas storage facility (settled) (led by J Sheahan SC, N Hopkins QC and C Young QC with T Cogley instructed by Minter Ellison)

John Holland v State of Western Australia: acting for the State of Western Australia in a dispute arising out of the construction of the Perth Children’s Hospital (ongoing) (led by M Roberts QC and J Taylor SC instructed by Herbert Smith Freehills)

Fingal Pastoral Pty Ltd v Page Seager Lawyers: acting for Fingal Pastoral in a professional negligence claim in the Supreme Court of Tasmania ([2019] TASSC 48) (led by M Roberts QC instructed by Shields Heritage)

Masters Home Improvement v Aventus: acting for Aventus in a lease dispute regarding a repurposed Masters site ([2019] VSC 428) (led by J Karkar QC instructed by Herbert Smith Freehills)

Fonterra Brands v Bega Cheese: acting for Bega in a contractual dispute with Fonterra (see, eg, [2019] VSC 209) (led by C Button QC instructed by Gilbert + Tobin)