Current practice

Since 1977, Keith has practised extensively in the area of commercial dispute resolution and litigation (including arbitration), with special expertise in commercial and resources contracts, cross-border disputes, public law and international trade remedy law. His main areas of practice focus are:

• major stakes/reputational issues and disputes
• commercially and reputationally important inquiries, investigations, inquests, and disciplinary procedures, including extra-judicial tribunals
• criminal and civil penalty investigations and regulatory enforcement of corporate and executive conduct
• material commercial transactions and related disputes, including in the major projects and resources/energy sectors
• public sector exercise of regulatory and statutory power, including legislative validity
• international commercial arbitration and cross-border litigation
• major strategic international trade and treaty disputes affording private sector rights.

He has a particular interest in the development, under the ‘Just, quick and cheap’ principle, of modern approaches to proportionate litigation and alternative dispute resolution methods.

Industry experience

His practice in major commercial litigation over the past 28 years has involved a range of jurisdictions, including the Supreme Court of New South Wales, the Federal Court of Australia and the High Court of Australia. He has acted in many major commercial disputes in both superior courts and arbitration as well as international trade remedy cases including many anti-dumping and subsidy cases.

Examples of major cases include:

• Australian Gas Light Company (AGL) against Singtel Optus concerning the acquisition of Telco Dingo Blue 
• AGL concerning the coronial inquiry into the Canberra Fires 
• an arbitration concerning the impact of coal mining on natural gas pipelines 
• CSR Limited in asbestos coverage litigation against New Zealand Insurance in the Supreme Court of New South Wales and the Court of Appeal—settled for $100 million 
• CSR Limited in asbestos coverage cross-border litigation against public liability insurers in the High Court and, in the Federal District Court proceedings in New Jersey as Australian counsel 
• CSR Limited concerning the sale of interests in Gove Aluminium to Alcan 
• Double Tax Treaty litigation in the Federal Court with the Australian Tax Office 
• the successful Frequent Flyer taxation test case litigation 
• an arbitration in New Zealand concerning the airline industry 
• major defence contract cross-border litigation in the United States and the ACT superior courts
• Peabody Resources Limited against Macquarie Generation in the New South Wales Supreme Court and Court of Appeal 
• Australian Cement with the Australian Customs Service (in the Administrative Appeals Tribunal, Federal Court and High Court) 
• National Australia Bank as part of the Freehills team in the Idoport/Ausmaq litigation in the Supreme Court of New South Wales 
• The New South Wales Roads & Traffic Authority in the inquiry by the Independent Commission Against Corruption into the Registration of Stolen Vehicles 
• Phillips Petroleum and ConocoPhillips in major private and public law litigation in Australia and the United States of America concerning the validity and justiciability of claims relating to the Timor Gap Treaty and exploration concessions 
• Mr Brian Wilson concerning the McCabe / British American Tobacco litigation in the Victorian Court of Appeal
• Visa against the Reserve Bank of Australia in the Federal Court
• Singapore Power in a cross-border business sale dispute
• the AXA Superannuation Trustee in successful directors disqualification appeals in the Administration Appeals Tribunal
• The Noble Group in contractual litigation in the Federal Court
• Franchise termination litigation in the Victorian Supreme Court
• Construction and major projects litigation, and
• Canadian trade interests in relation to Federal Court litigation concerning quarantine restrictions.
  

Professional background

Keith joined the Freehills litigation group in Sydney in 1977 after four years with the Crown Solicitor's office in Auckland, New Zealand, where he represented many New Zealand Government agencies in both criminal prosecutions and civil actions. He has served as a member of the Administrative Law Committee of the New South Wales Law Society and the Law Council of Australia. He has also been a member of the International Trade and Business Committee of the Law Council.

Keith is a past chairman of the sub-committee on trade for the International Bar Association and a past vice-chairman of Committee O (international litigation) of the IBA, and continues to be active in the International Litigation and Arbitration Committees of the IBA. He is a director and the Senior Vice-President of the Australian Centre for International Commercial Arbitration.

Keith is the editor and a chapter author of Anti-Dumping Under the WTO: A Comparative Review (1996, Kluwer/IBA). He is an author of the Australian and Asia Pacific chapters of Economic Consequences of Litigation Worldwide (Kluwer/IBA, 1999).

A Girdlers Scholar and a graduate of Cambridge University (where he also gained a double Blue in cricket and rugby), he became a partner of Freehills in 1980. As the Sydney chairman and senior partner of the firm (1997–2001) he played a lead role in the national integration of Freehills in 2000. He was Freehills’ National Head of Litigation from 2005–2008 and continued to practise during that period.