Profile

Jeremy’s experience as a solicitor includes:

• Representing a mining company in a proceeding in the Queensland Supreme Court brought by a minor alleging personal injury from contamination. This involved complex factual, evidentiary, and legal issues, extensive expert evidence, and lengthy lay witness evidence. Notable issues arose in relation to the existence of a duty of care (in particular, whether the company could be fixed with a ‘public authority’-style duty, whether the alleged duty was compatible with a bespoke legislative regime, whether a ‘duty to warn’ existed), the alleged breach of that duty, and the causal link between that alleged breach and the alleged harm. Judgment in favour of the company was handed down in August 2023 after a four-week trial.
• Representing the co-owners of a shopping centre in proceedings in the Victorian Supreme Court in respect of various significant construction defects. This involved extensive expert evidence in respect of a significant number of highly complex construction defects and complex legal issues that threatened recovery.
• Representing a construction supply company in a proceeding in the Queensland Supreme Court brought against, among others, a former director and a former employee in connection with numerous unauthorised defalcations and the misappropriation of a corporate opportunity. Notable issues arose in relation to fiduciary duties and liability under the second limb of Barnes v Addy.
• Representing an ASX listed company and related entities in a Queensland District Court proceeding against counterparties to numerous ‘business sale agreements’, wherein the company alleged various breaches of those agreements. Notable issues arose in relation to contractual and statutory interpretation.
• Representing a national bank in enforcement proceedings brought against a defaulting borrower and guarantor in the Queensland District Court. This involved preparing for summary judgment and considering various issues relating to limitation periods, the operation of a set off clause, and allegedly unconscionable conduct engaged in by the bank.
• Representing an Australian port in multiple connected proceedings in the Federal Court of Australia arising from the collision of a vessel with a wharf and gantry container crane. This involved considering complex liability and insurance issues and preparing expert evidence.
• Representing a visual effects company in a proceeding in the Queensland District Court in connection with an allegedly negligent valuation. This involved preparing pleadings and expert evidence.
• Advising a large multinational mining company regarding litigation issues arising from a significant international project. This involved managing a significant body of evidence, conducting witness conferences with numerous technical and commercial witnesses, and considering complex, multi-jurisdictional commercial and technical issues.
• Advising a company regarding a contractual dispute in relation to defective rectification work carried out on the engines of a commercial vessel.
• Representing a multinational mining company in a proceeding in the Queensland Supreme Court in connection with a claim by an employee for coal worker’s pneumoconiosis (‘black lung disease’) caused by occupational exposure to coal dust.
• Advising a multinational company in relation to competition issues arising from its Australian operations.
• Advising numerous national banks as to enforcement options under facility and security documentation in respect of defaulting borrowers and guarantors.
• Advising numerous national real estate investment firms in connection with defaulting retail tenants in retail centres across the country.