Feb 2014 To Date: Freelance Commercial Litigator, Barrister & Solicitor

General commercial litigation services to law firms, in-house counsel, businesses and individuals including legal advice on prospects and strategy; preparing and settling pleadings, submissions, correspondence, proofs of evidence and witness statements; discovery; settlement negotiations; appearances re injunctions, interlocutory disputes, mediations, trials and appeals.

Matters to date include:

  • building & construction disputes;
  • commercial lease and sale of property disputes;
  • contractual disputes;
  • corporations disputes;
  • employment disputes;
  • freezing orders;
  • injunctions;
  • international enforcement proceeding;
  • loan disputes;
  • misleading & deceptive conduct;
  • partnership disputes;
  • professional negligence;
  • restraints of trade;
  • sale of business disputes;
  • service and supply contract disputes;
  • shareholder oppression;
  • share purchase contract disputes;
  • statutory demands.

In addition to private retainer work I have acted and/ or continue to act as a consultant to various law firms, including:

  • consultant for international law firm re international arbitration matter;
  • consultant for national law firm re WA construction litigation;
  • consultant for Perth law firms on various general litigation matters.

2009 - 2014: Barrister, Francis Burt Chambers, Perth

Briefed on a wide range of commercial matters mainly in the superior courts, including:

  • legal opinions
  • advice on evidence & prospects
  • preparing & settling pleadings, submissions, correspondence, proofs of evidence and witness statements
  • appearances on injunctions, interlocutory hearings and applications
  • appearances as trial and appellate counsel.

Examples of matters:

2006 - 2009: Senior Associate, Clayton Utz, Perth

Conducted a range of proceedings for plaintiffs and defendants in the Western Australian Supreme, District and Warden’s Courts, and provided related advice including:

  • conducted a defence by a Japanese corporation to a claim for termination of a joint venture agreement, the conduct of proposed proceedings for injunctive relief and the appointment of receivers and managers, and the defence to a related application for the appointment of receivers and managers in the Supreme Court of South Australia
  • conducted a fraud investigation for a government entity in relation to the letting of multi-million dollar construction contracts
  • provided risk management advice to mining  companies regarding anti-bribery laws and international conventions, and drafted compliance documentation
  • legal and risk management advice to a listed mining company regarding allegations of bribery and corruption in respect of the company’s African mining activities, and aiding and abetting certain war crimes in respect of a massacre of civilians by the military
  • defending the company in an African military court and in related preliminary legal proceedings commenced in the WA Supreme Court (WASC)
  • settled a multi-million dollar claim by a mining company for damages in the WASC arising from equipment damage and business interruption loss caused by a fire on a mining excavator
  • conducted a defence to a claim that mining tenements purchased by the defendant were purchased subject to the rights of a third party to the mineral rights in those tenements
  • conducted a defence to a claim to enforce an “in principle” agreement for the purchase of mining tenements, and related advice
  • conduct of proposed proceedings for a mining company seeking urgent injunctive relief in the WASC to enforce a contract for a motel to provide accommodation to the company’s workforce
  • assisted the conduct of a strategically significant defence to a personal injuries negligence claim by a contractor allegedly exposed to certain gases at a smelter
  • conduct of a defence by a mining company to third party proceedings in the District Court against a claim for indemnity arising from a claim for personal injuries
  • defended a Port Authority against threatened proceedings for injunctive relief relating to the construction of a pipeline on a new extension to the Authority’s wharf
  • advised an electricity generation company on the termination of an electricity retail distribution agreement and the engagement of a former consultant to the distributor

Native title and Aboriginal heritage due diligence advice including:

  • advising the Cameco / Mitsubishi consortium on the A$520m acquisition of Rio Tinto’s Kintyre uranium mine in Western Australia
  • advising Norilsk Nickel on the A$5.8bn acquisition of LionOre Mining
  • the acquisition of various other mining projects
  • capital raisings for various mining projects
  • exploration and mining negotiations
  • advising the State Solicitor’s Office (WA) on a range of native title matters

2004 - 2006: Senior Associate, HWL Ebsworth, Brisbane

Conducted a wide range of commercial litigation matters in the Supreme, District and Magistrates’ Courts of Queensland, including:

  • a defence and plea negotiation regarding a substantial Customs Act prosecution;
  • a two week Supreme Court jury trial and related appeals concerning claims of misleading and deceptive conduct under the TPA and breach of contract;
  • an aircraft leasing dispute concerning a Hong Kong-based freight forwarder;
  • contractual and leasing disputes, TPA claims, alleged breaches of fiduciary duties by company office holders and shareholders disputes;
  • a defence involving a substantial alleged Commonwealth fraud regarding the Pharmaceutical Benefits Scheme, and related proceedings under Proceeds of Crime legislation.
  • as a consultant to the Department of Premier & Cabinet, Western Australia, conducted detailed consultations with native title holders and claimants in the Pilbara region to establish an approved body corporate to assume obligations under an agreement which has facilitated $10 billion in infrastructure projects on the Burrup peninsula;
  • consultations with native title claimants in the Gulf of Carpentaria region as to appropriate changes to the distribution of financial benefits under the Century Zinc Mine Agreement;
  • provision of due diligence advice in relation to the native title aspects of commercial property transactions;
  • provision of corporate and native title legal advice to a number of native title representative bodies (Aboriginal corporations) in Queensland and interstate, including legal advice regarding the proposed PNG to Queensland Gas Pipeline;
  • provision of legal advice to ATSIS (Aboriginal & Torres Strait Islander Services, a former Federal Government agency) regarding the strategic and operational plans of native title representative bodies throughout Australia;
  • negotiation of native title exploration agreements with a range of mining companies, and the State of Queensland;Appearances in the Federal Court, Land & Resources Tribunal (Qld) and National Native Title Tribunal (Cth).

2002 - 2004: Legal Manager, Queensland South Representative Body, Brisbane

Queensland South Representative Body was an Aboriginal organisation funded by the Commonwealth Government under the Native Title Act to perform statutory functions for and on behalf of Aboriginal people claiming native title in the area covered by the southern third of Queensland, including Brisbane and offshore islands.

As the Legal Manager I reported to the Chief Executive Officer; my duties included:

  • formulating and implementing a strategy to manage all native title claims across the region
  • managing multi-disciplinary teams, including in-house & consultant lawyers, anthropologists, archaeologists, historians, environmental and mining advisers
  • preparing & conducting native title claims and related legal proceedings, including appearances in the Federal Court and Land & Resources Tribunal
  • providing legal advice to Aboriginal groups and QSRB
  • mediation of intra-indigenous conflict
  • negotiation of native title agreements with State and local governments, mining companies, pastoralists and others
  • litigation where necessary to protect native title and Aboriginal heritage

2001 - 2002: Senior Solicitor, Victorian Government Solicitor's Office, Melbourne

The Victorian Government Solicitor’s Office’s Native Title Unit is responsible for providing native title services to the Attorney-General’s Department, and other departments of Government.

Duties included:

  • briefing and assisting the Solicitor-General for the State of Victoria on native title matters
  • advising the State and its instrumentalities on the effect of native title law on mainland and offshore exploration, mining, petroleum and pipeline development including legislative amendment
  • negotiating & drafting of native title agreements, including exploration, mining and petroleum deeds, and ‘model’ rules for Aboriginal corporations
  • preparing & conducting native title and other legal proceedings on behalf of the State of Victoria

1998 - 2001: Senior Solicitor, Northern Land Council, Darwin

The Northern Land Council performs statutory functions under the Aboriginal Land Rights (Northern Territory) Act for and on behalf of Aboriginal landowners in the “Top End” of the Northern Territory.

Duties included:

  • providing a wide range of land rights, native title, corporate and other legal advice to Aboriginal landowners
  • holding “on-country” consultations with Aboriginal landowners regarding proposed and existing exploration, mining, pastoral, tourism, fishing, military and other land uses
  • appearing in the National Native Title Tribunal and Federal Court to defend and advance Aboriginal interests
  • developing & implementing a strategy to respond to the Government’s release of a ‘backlog’ of exploration tenements throughout the Top End
  • negotiating a major native title agreement with the Commonwealth & Northern Territory Governments regarding the establishment of a new military training area
  • negotiating exploration & mining agreements with mining companies
  • leading the project management and negotiation of a mining agreement in respect of a new uranium mining project

1996 - 1998: Financial Analyst, KPMG Corporate Finance, Melbourne

As a financial analyst I undertook a wide range of corporate finance work, including:

  • business performance and commercial reviews
  • due diligence investigations and reporting re business sales & acquisitions
  • share and business valuations, including financial modelling

1995 - 1996: Articled Clerk, JM Smith & Emerson, Melbourne

JM Smith & Emmerton was a medium size commercial firm in Melbourne that subsequently merged with Gadens.

General experience in commercial law including legal advice, trade practices, industrial relations, litigation, insolvency, banking and finance, property, copyright, family and wills.

Greg Carter Litigation Lawyer Perth

“Feel free to contact me for a free consultation and quotation”