Tomo is a highly regarded trial and appellate lawyer with particular expertise in:
- climate change litigation. He has written and presented extensively on climate change litigation, in particular the intersections between climate change and administrative and judicial reviews, environmental legislation, class actions, consumer products and protection (including greenwashing), contract and risk allocation, directors’ duties, disclosure obligations, financial products, insurance, negligence and nuisance.
- arbitrations. Acted for Australian companies in domestic (ACICA) and international (ICC, UNICTRAL) arbitrations in relation to turnkey projects, sale agreements for mines and disputes over ownership of gas and mineral titles. Acted in Court proceedings seeking to enforce arbitral awards and appeals from arbitration.
- corporate and commercial law. Acted for large corporate clients in a range of industries and in relation to contractual disputes, joint venture disputes, directors’ duties, continuous disclosure obligations, partnership disputes, sale of goods, franchise agreements, indemnity/warranty claims, injunctions, oppression claims, schemes of arrangement, the interpretation of contractual and statutory provisions and trust obligations.
- consumer protection. Acted in relation to disputes concerning misleading or deceptive conduct and unconscionable conduct in a range of industries and in respect of various fact scenarios including breach of sale agreements, valuations and the sale of land and industrial equipment.
- environmental law. Acted in relation to: (i) disputes concerning clean up notices, environmental impact assessments, liability for pollution, the re-use of contaminated soil, permission approvals, landfills, waste levies, and the liability and cost recovery for the clean up of contaminated land; (ii) challenges to decisions of environmental regulatory authorities; (iii) the prosecution of environmental offences; (iv) large scale infrastructure and energy project disputes, commercial cases and property cases in which environmental issues are in dispute; and (v) the interpretation of environmental legislation.
- negligence and nuisance. Acted in relation to: (i) negligence and nuisance claims concerning large scale land and water contamination and pollution events; (ii) damages assessments and expert determinations; (iii) negligent mis-statements; and (iv) tortious interference with contractual relations.
- professional negligence. Acted for solicitors, barristers, environmental auditors and accountants in relation to claims for damages arising out of professional negligence claims.
- regulatory matters. Acted in a range of environmental and commercial regulatory investigations involving civil and pecuniary penalties, major corporate collapses, directors’ duties breaches, continuous disclosure breaches, fraud, managed investment schemes, large-scale contamination and pollution clean-up investigations and costs recovery claims.
Tomo is focused on working collaboratively with clients and solicitors to develop the most effective strategy to secure the best commercial and legal results while minimising legal, reputational and commercial risks.
Liability limited by a scheme approved under the Professional Standards Legislation
- Banking & Finance
- Building & Construction
- Class Actions
- Commercial Arbitration
- Contractual Disputes
- Corporate Insolvency
- Corporations & Securities
- Energy & Resources
- Equity & Trusts
- Climate Change
- Regulatory Investigations
- Class Actions
- Major Torts
- Product Liability
- Professional Negligence
Bachelor of Laws
Bachelor of Arts
State and Territory Courts and Tribunals
Federal Court of Australia
High Court of Australia
APN Funds Management Limited v Australian Property Investment Strategic Pty Ltd  VSC 262
Wheelahan v City of Casey  VSC 655;  VSC 509
Re Strategic Energy Resources Limited  VSC 645;  VSC 75;  VSC 164
Re AXA Asia Pacific Holdings Ltd  VSC 4;  VSC 102
Duffy in the matter of Westgate Ports Limited  FCA608
Re Cytopia Ltd  VSC 560
Fowler v Lindholm  FCAFC 125
In the matter of Opes Prime Stockbroking Limited  FCA 813
Premier v Spotless Limited  VSC 377
Thiess Pty Ltd v ConnectEast Nominee Company Pty Ltd  VSC 287
Spotless v Premier  VSCA 20
Climate Change Litigation - Part 1 Corporate Net-Zero Pledges, Transition Plans and Emission Reduction Targets. A Further Area of Greenwashing?27 October 2022
Climate Change Update - The United Kingdom's proposed approach to the taxonomy problem19 October 2022
Climate Change Litigation - What Greenwashing Cases Might ASIC Bring ? - Part 303 October 2022
Climate Change Litigation - What Greenwashing Cases Might ASIC Bring - Part 2?05 September 2022
Climate Change Litigation - What Greenwashing Cases Might ASIC Bring ? - Part 122 August 2022
Climate Change Litigation - Some Observations on ASIC’s Description of Greenwashing12 July 2022
Climate Change Litigation - Greenwashing in Consumer Goods22 June 2022
Climate Change Litigation - An introduction and some emerging themes in the Second and Third Waves
Victorian Bar - Commercial Bar Association