Andrew is an experienced commercial litigator with a particular focus on regulatory investigations and enforcement proceedings.

Clients comment on Andrew’s technical legal skills, his understanding of complex financial structures, and his ability to come up with “creative options”. Clients describe Andrew as “calm and focused”, and a lawyer who provides “clear and objective advice”.

Andrew’s clients include National Australia Bank, BHP Billiton, Boral and Santos.

Andrew’s wide range of experience includes acting in the following (public) matters.

Regulatory investigations and enforcement

• Citigroup, in its successful defence of the landmark Federal Court proceedings brought by ASIC alleging a failure to adequate manage conflicts and insider trading;
• MLC, in relation to a long running investigation by ASIC, and an inquiry by APRA, concerning unit pricing issues;
• National Australia Bank, in a $700m dispute with the ATO;
• Senior executives at ASIC and APRA examinations;
• Advising clients in relation to regulatory issues, including regulatory raids, obligations to report, and document retention obligations.

Other major commercial litigation

• National Australia Bank, in the successful defence of the $50 billion Idoport litigation;
• Phillips Fox, in the successful defence of prospectus liability litigation arising from the collapse of New Cap Re – a publicly listed reinsurance company;
• NRMA Insurance, in relation to its demutualisation in 2000, which involved litigation in the AAT, Supreme Court of NSW and NSW Court of Appeal;
• Current and former senior executives of National Australia Bank, in a successful application to set aside summonses for examination.

Appeals

• Bendigo and Adelaide Bank, in its successful appeal in relation to the acquisition of Macquarie Bank’s margin lending business, and the issue of margin calls;
• National Australia Bank, in the successful defence of appeals in the Idoport litigation;
• Phillips Fox, in the successful defence of an appeal in the New Cap Re litigation.
  

He is admitted to practise as a solicitor of the Supreme Court of NSW and the High Court of Australia.

Andrew has had a number of papers published on regulatory issues, including articles in the Company and Securities Law Journal (“Legal professional privilege and the investigative powers of ASIC” and “Potential uses of transcripts of ASIC examinations”) and Company Director magazine (“Coming out of the shadows”). Andrew has also presented at conferences on topics such as the “Powers of the regulators” and “Privilege for in-house lawyers”.
Andrew is a member of the editorial panel for the Lexis Nexis publication “Civil Procedure News, New South Wales”.

Andrew also participates in the firm’s pro bono program, having acted for clients such as Mission Australia and Scouts.