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Alex Rickarby

Partner
+61.8.9216.0924
Fax +61.8.9216.0901

Mr. Rickarby and his team act for international and domestic clients focusing on the resolution of commercial claims across a range of industries, including oil and gas, mining services, construction, financial products and insurance. Mr. Rickarby has considerable experience with large scale disputes and with court and arbitration proceedings in various Australian jurisdictions.

He advises on complex contractual and equitable disputes, building and construction matters, government inquiries, regulatory prosecutions, tortious disputes, property disputes, trade practices matters, disputes with financiers as well as general insurance and self insurance matters. His experience in large scale responses to major industrial incidents, enables him to provide advice to clients on their crisis and emergency response procedures.

Professional Background

Prior to joining K&L Gates in early 2013, Mr. Rickarby was a partner at a large Australian national law firm for eight years.

Achievements

  • Recognised as one of Australia's leading alternative dispute resolution (2017) and litigation (2017) lawyers in Best Lawyers.

Professional/Civic Activities

  • Australian Mining and Petroleum Lawyers Association (AMPLA) member
  • Australian Corporate Lawyers Association (ACLA) member
  • Australia and New Zealand Sports Law Association (ANZSLA) member

Speaking Engagements

  • "Are you prepared for a crisis" presented for Australian Corporate Lawyers Association (ACLA), Perth, August 14, 2012
  • "Are you prepared for a crisis" presented for Chartered Secretaries Australia, Perth, November 21, 2012
Mr. Rickarby's major case and arbitration experience includes:

International and Domestic Arbitration

  • Acting for Esso and BHP Billiton in an international arbitration in respect of an overriding royalty payable on production from certain fields in Bass Strait.
  • Acting for a major US based locomotive manufacturer on a contractual dispute with an Australian based customer.
  • Acting for ExxonMobil on a multi-party arbitration concerning losses allegedly sustained as a consequence of a gas explosion at Longford in 1998.

Major Litigation and Prosecution

  • Acting for Apache Northwest and Apache Energy in relation to the explosion and fire at the Varanus Island processing facilities in June 2008, including in respect of the prosecution by the State of Western Australia and a civil claim by a gas customer. 
  • Acting for Apache Northwest and Apache Corporation on a substantial multi-party commercial dispute with an existing customer. 
  • Acting for ExxonMobil on its successful defence of a Victorian Supreme Court class action brought by gas users arising from the incident at the Longford gas plant in 1998, as well as in relation to its subsequent joint venture dispute with BHP Billiton. 
  • Acting for an Australian gas retailer in relation to a major incident within Western Australia, including managing responses to regulators and preparing for a Coronial investigation and anticipated legal proceedings. 
  • Acting for HWE Mining in its defence of a prosecution (and subsequent appeal) by the State of Western Australia under the Western Australian mines safety and inspection legislation.

Crisis Management Response

  • Providing advice (including seminars and review of procedures) relating to client's crisis management response procedures (including BGC Australia, BC Iron and a significant gas retailer.

Finance

  • Acting for National Australia Bank regarding its defence of an action alleging breach of trust. 
  • Acting for Secure Funding, Landmark and St. George in various claims against customers.

Insurance 

  • Acting for ExxonMobil and other self insured clients in respect of claims brought by injured workers and contractors. 
  • Providing clients with policy advice and advice with respect to indemnity issues against insurers.

Other

  • Acting for Tennis Australia in a dispute against Adidas involving the use of Adidas’ “three stripes”. 
  • Acting for Arafura Resources Limited on urgent interlocutory (and final) relief to prevent the dissemination of highly confidential information. 
  • Acting for a Portuguese manufacturing company in respect of trade practices claims by an Australian customer and distributor. 
  • Acting for Emerson Stewart in relation to a contractual dispute with a developer concerning the provision of professional consulting services for a housing estate development. 
  • Acting for Pindan Developments in a dispute concerning a share sale agreement relating to the sale of a development site and a subsequent building contract. 
  • Acting for Telstra Business Systems (TBS) (formerly known as Damovo), one of Australia's largest data, mobility and voice technology service providers in relation to a franchise dispute. 
  • Acting for David Jones, a significant Australian retailer, in an adverse possession claim against Myer. 
  • Providing strategic litigation advice to Sinclair Knight Mertz, iiNet Limited, BC Iron Limited and DTMT.