REPRESENTATIVE EXPERIENCE
Lucy Williams
Acting for an Australian commercial law firm successfully defending proceedings in the Queensland Supreme Court brought against a firm engaged to advise a high profile beneficiary (the widow of a mining magnate) in relation to the administration of her late husband's estate estimated to be worth in excess of AU$1 billion.
Acting for adviser in defence of claim by the liquidators of Gallop Investment against its former advisors, arising from the collapse of Gallop's financial planning business and associated investments. The liquidator claimed damages in excess of AU$35 million. Confidential commercial settlement was ultimately achieved.
Acting for various firms of solicitors and leading a team managing over 100 surcharge stamp duty claims, negotiating directly with NSW Revenue obtaining waiver of penalties and interest. This involved acting in relation to several surcharge land tax liabilities arising from 100s of defective deeds circulated to clients exposing solicitors to significant claims for additional stamp duty and land tax, including seeking a private ruling from NSW Revenue for retrospective rectification and preparing proceedings seeking declaratory relief.
Acting for a professional services provider responding to notices and investigations issued by regulators and government agencies including negotiating scope of production, dealing with issues of privilege and confidentiality amongst other production restrictions, managing large scale review and electronic production, preparing submissions, and advising in relation to issues arising.
Acting for a Church property trust in relation to claim against QBE seeking indemnity under policies responding to historical sexual abuse claims.
Acting for a multinational professional services partnership in defence and confidential commercial settlement of claim over Coca-Cola Amatil's AU$40 million sale of SPC.
Conducting insurance coverage dispute for an international supplier of building materials against its liability insurer arising from multiple losses sustained in a foreign jurisdiction, including advising about the differences in New Zealand, Australian and US insurance law, issues concerning the choice of forum, quantification questions, evidentiary issues and good faith obligations on an insurer.
Conducting a test case for the insurance industry on a "restraint of trade" clause in an agency agreement. The defence was funded by a leading UK insurer seeking freedom from movement of agents within the industry. Case ran to trial and settled prior to judgment.
Defending a claim concerning the sale of shares in a large telecommunications business. The client was alleged to have knowledge about the value of the client’s shares that was not disclosed. Shortly after the sale of shares the telecommunication business was sold for a large profit. Claimant alleged a loss of opportunity to enter into the subsequent profitable transaction. Loss quantified at AU$10 million. Proceedings settled at mediation.
Defending a claim by a merchant banker against co-investors and their solicitor concerning losses of over AU$7million arising out of a series of failed property developments. Proceedings settled at mediation.
Defending a claim by parties to a joint venture to develop a large commercial property. Claimant alleged that solicitor placed himself in a position of conflict and preferred the interests of one client over another. Claimant alleged that solicitor failed to prevent one of the directors of his client from fraudulently transferring an AU$3 million property at an undervalue to himself personally. Proceedings settled at mediation.
Defending a series of claims against an executor of an estate. It was alleged that the client wrongfully depleted the assets of the estate by making payments in breach of trust, failing to repay loans, negligently mismanaging the assets of the estate. The proceedings were settled following negotiation.
Defending a claim brought by a local Aboriginal land council arising out of the transfer and mortgage of land held on trust on behalf of the council. Land alleged to have been transferred without proper authority at an undervalued amount. The proceedings were settled following negotiation.
Defending proceedings arising from the sale of a business. Sale said to have been procured under duress. Solicitor client alleged to have failed to protect the client’s interests in the sale. Claim initially commenced in the Federal Court of Australia was struck out. Claim currently proceeding in the Supreme Court of New South Wales.
Conducting a lengthy and complex hearing of a claim brought against a major oil company by a property developer claiming losses arising from the purchase of a decommissioned service station site. The case raised novel issues of interpretation of relevant environmental legislation and guidelines as well as issues of contractual construction of releases and indemnities. The claim was successfully defended at first instance and on appeal.
Acting for a global accounting firm defending proceedings in connection with the collapse of an international investment group with debts of around AU$3 billion.
Defending a class action brought against four major oil companies in the Supreme Court of New South Wales seeking recovery of AU$40 - AU$50 million paid to the oil companies by retailers in respect of State Petroleum Licence Fees which were said to have been unconstitutionally collected. The case raised procedural issues of champerty and abuse of process as well as substantive issues of the constitutional validity of petroleum licence fee collection legislation. The claim against Ms. Williams' client was successfully negotiated on the basis of a verdict in favour of the client. The proceedings against the other major oil companies continued for some years to come.