Tom Warner

JBAM v Next Stage Living & Trivett Property Partners conducting trial in Supreme Court of Victoria, unled, leading H McAvaney, opposed to silk (decision reserved (Osborne J))

JBAM & Anor v LBA Capital Pty Ltd & Ors – acting for international lenders alleging almost $400m in finance was funded to Australian entities following breaches of contract and the ACL; obtained Freezing Order in SCV (unled); for a time led by Claire Harris QC (now Harris J), then leading H McAvaney (McDonald J)

RAS Capital Investments v Goldfields Run Land – conducting trial unled in NSW Supreme Court, for successful defendant defeating claims of breach of contract and equitable remedies (Ball J)

Transformer Development Group Pty Ltd v Tait Street Investments Pty Ltd – acting unled in successful defence of claim in trial division (Cosgrave J) and led by L Hannon KC in successful response to appeal (Ferguson CJ, Lyons and Osborn JJA)

Directed v OE Solutions – acting for Korean manufacturer defending claims of breach of equitable duties, contract and Copyright Act1968 in FCA, led by M. Osborne KC (now Osborne J) the H Austin KC (Beach J)

Royal Commission into the Casino Operator and Licence – acting for Crown Resorts Ltd and associated entities in Royal Commission before Hon. Ray Finkelstein AO QC, senior junior in counsel team led by M Borsky KC and C Button KC (now Button J)

Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry – acting for multinational insurer in Royal Commission before Hon. Kenneth Hayne AC QC, led by Bret Walker SC, J. Lockhart SC and Terry Mehigan SC

Nicola Gobbo v State of Victoria acting for State of Victoria defending claims of negligence and misfeasance in public office said to sound in significant personal and economic damages, led by B Quinn KC, leading J Ryan (decision reserved (Richards J))

Kamasaee v Commonwealth of Australia (Manus Island Class Action) – acting for a defendant, on instruction from Lloyds syndicate, in complex tortious claim involving foreign and public international law (act of state), led by G Harris KC

Shorland & Ors v State of Victoria – acting in claim for negligence against State concerning commercial licences, led by B Quinn KC

Fuller v Allianz Australia Insurance Ltd & Jordan Wilkinson v Allianz Australia Insurance Limited (Add-On Insurance Class Actions) – acting for Allianz in multiple SCV class actions, led by Bret Walker SC and M Borsky KC, leading team of juniors (Nichols J and McDonald J)

Rockment Pty Ltd T/A Vanilla Lounge v AAI Limited T/A Vero Insurance – acting for Suncorp in respect of contested insurance claim arising out of COVID-19 business interruptions. Separate question referred to Full Court of FCA by Allsop CJ regarding construction of an exclusion clause, led by Jeremy Kirk SC (now Kirk JA) and David Lloyd SC (Besanko, Colvin and Derrington JJ)

Advising CGU in respect of large scale claimed indemnity on Business Insurance Policy for Public and Product Liability, led by B. Quinn KC

Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry – as above, long-term brief advising multinational insurer in respect of multiple streams of its business, led by Bret Walker SC, J. Lockhart SC and Terry Mehigan SC

Advising confidential client upon complex operations and compliance with Anti-Money Laundering Counter-Terrorism Financing Act2006 and Financial Transaction Reports Act1988 in respect of cash payments, led by P Gray KC

Advising entity upon compliance with Anti-Money Laundering Counter-Terrorism Financing Act2006 and Financial Transaction Reports Act1988 in respect of the use of pre-paid credit cards, unled

Acting for Crown Resorts Ltd in Royal Commission into the Casino Operator and Licence before Hon. Ray Finkelstein AO QC, senior junior in counsel team led by M Borsky KC and C Button KC (now Justice Button)

Michos v Eastbrooke Medical Centre­­ – acting for medical services provider in VSC defending claims of breach of the Health Records Act2011, unled including in multiple VSCA appeals

• Rockman v IPR Nominees Pty Ltd – trustee/equity dispute in VSC and VSCA (approx. $40m), led by P. Crutchfield KC

• Charlesworth Nominees Pty Ltd v Charlesworth – trustee/equity dispute in VSC (approx. $30m), led by M. Osborne KC (now Justice Osborne)

• Appointed as arbitrator of approx. $3m dispute seated in Melbourne, unled

• Acted for numerous directors and officers in liquidator examinations, ASIC examinations and ensuing litigation

• Acted for numerous parties in oppression proceedings under the Corporations Act 2001 as well as for parties in insolvency and liquidation related disputes, including in related class actions