List G Tb 8857

Tomo Boston

Bar roll 2000 Admitted 1997
  • Commercial Law Public Law
  • Tort Law
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Tomo Boston practises in commercial law, corporations and insolvency, trade practices, environment, product liability, professional negligence and arbitrations

Tomo’s work within the commercial law area includes contractual, franchise, agency and joint venture disputes which involve (amongst other issues) questions of contractual interpretation and fiduciary duty obligations; and disputes arising from financial transactions such as renounceable and non-renounceable rights issues, put options, guarantees and securities lending conducted under various brokerage and lending agreements such as AMSLAs, IPBAs, GMSLAs and ISDA Master Agreements. Tomo’s work in the corporations and insolvency areas includes contested and uncontested members' and creditors' schemes of arrangement including amongst others Tabcorp Holdings Limited, Ascent Pharmahealth Limited, ASX Asia Pacific Holdings Limited and Spotless Group Limited; deeds of company arrangements; ASIC investigations and s.19 Examinations; duties of executive and non-executive directors in listed and unlisted companies; civil penalty proceedings; insolvent trading; insider trading in respect of information held by a common director of the purchaser and target; the characterisation and regulation of managed investment schemes; winding up; oppression proceedings; company reinstatements; and the continuous disclosure obligations.  Tomo assisted ASIC with the investigation of the collapse of Opes Prime Group Ltd and Sonray Capital Markets Pty Ltd and the recovery of compensation for investors.  As a result, Tomo has a good understanding of ASIC’s regulatory approach. 

Tomo's work within the trade practices area includes misleading and deceptive conduct claims arising out of financial transactions, product disclosure statements and prospectuses; unconscionable conduct claims under the Competition and Consumer Act; ACCC investigations; civil penalty proceedings; and s.155 Examinations. 

Tomo's work within the environmental law area includes statutory (s.62A of the Environmental Protection Act and s.15 of the Water Act) and common law claims arising out of contaminated land that poses a risk to human health and the environment; and challenges to decisions of the EPA in respect of various determinations such as land fill levies; s.20B conferences; waste classifications and works approvals.  The contaminated land claims concern the recovery of clean up costs and economic losses arising out of historical chemical contamination of land, groundwater and air at various sites in Victoria including Springvale, Brunswick, Cranbourne and Wodonga.  

Tomo's work in the product liability area includes claims under the Competition and Consumer Act and at common law for unsafe and faulty products and machinery caused by design and manufacturing defects in the agricultural and automobile industries; and for economic losses caused by the decline of virus infected fruit trees in commercial farms. Tomo's work in the professional negligence area includes common law claims against lawyers, accountants, financial advisers, doctors and environmental auditors.  The claims against accountants and financial advisers concern allegedly negligent and/or misleading financial information and advice.  The claims against environmental auditors concern economic losses arising out of allegedly negligent and/or inaccurate reports on the environmental condition of land in the context of the rezoning and/or purchase of land and/or the construction on land. 

Tomo’s work in the arbitration area includes both domestic and international arbitrations conducted under ACICA and ICC Rules (respectively) and involving disputes in relation to the construction of gas pipelines; the entitlement to rights in the gas industry; and the construction of a copper mine in Botswana arising under a FIDIC contract for international turnkey projects (amongst others).  In addition, Tomo has been involved in appeals from arbitrations and applications under the IAA to stay proceedings and enforce awards.

Liability limited by a scheme approved under the Professional Standards Legislation

Contact

Correspondence
Chambers & Clerk

Castan Chambers
Level 13 Room 20

460 Lonsdale Street

Melbourne VIC 3000

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Jane King

03 9225 8558

Expertise

Commercial Law
  • Commercial Arbitration
  • Contractual Disputes
  • Corporations & Securities
  • Appellate
  • Banking & Finance
  • Building & Construction
  • Class Actions
  • Competition
  • Corporate Insolvency
  • Energy & Resources
  • Equity & Trusts
  • Insurance
Public Law
  • Environment
Tort Law
  • Appellate
  • Class Actions
  • Major Torts
  • Negligence
  • Product Liability
  • Professional Negligence

Qualifications

Qualifications

Bachelor of Laws

Bachelor of Arts

Admitted

Victoria

Queensland

Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia

Recent Cases

Commercial Law

APN Funds Management Limited v Australian Property Investment Strategic Pty Ltd [2012] VSC 262

Wheelahan v City of Casey [2011] VSC 655; [2011] VSC 509

Re Strategic Energy Resources Limited [2011] VSC 645; [2012] VSC 75; [2012] VSC 164

Re AXA Asia Pacific Holdings Ltd [2011] VSC 4; [2011] VSC 102

Duffy in the matter of Westgate Ports Limited [2010] FCA608

Re Cytopia Ltd [2009] VSC 560

Fowler v Lindholm [2009] FCAFC 125

In the matter of Opes Prime Stockbroking Limited [2009] FCA 813

Premier v Spotless Limited [2007] VSC 377

Thiess Pty Ltd v ConnectEast Nominee Company Pty Ltd [2008] VSC 287

Spotless v Premier [2006] VSCA 20

Memberships

Victorian Bar - Commercial Bar Association