Profile

Nicholas has been retained in a wide variety of matters, including:

› acting for Coles to resist an attempt to obtain, by non-party disclosure, commercial in confidence business records (2018);

› acting for an international co-venture in a commercial arbitration about the cost of constructing a major piece of infrastructure that involves allegations of misleading or deceptive conduct as well as alleged breaches of contract (2018);

› acting for BHP and its co-venture partners in relation to a contested application to expand a major coal mine (2017/2018);

› Supreme Court proceedings involving the design of major infrastructure at a major airport (2017/2018);

› acting for a national rail carrier in a number of proceedings Supreme Court proceedings arising out of a number of derailments; (2016 to 2018);

› acting for one of the Australian big four Australian Banks in Supreme Court proceedings against it involving allegations of misleading and deceptive conduct and breach of contract (2017/2018);

› acting for one of the major home lending banks in Supreme Court proceedings defending proceedings commenced against it by a former franchisee (2017/2018);

› Supreme Court proceedings against local authorities arising out of developments approved by the authorities (2016/2017/2018);

› acting for one of Australia’s largest grazier families in judicial Reviews Proceeding (2017);

› challenges to decisions of the Queensland Building and Construction Commission (acting for the Commission and generally on appeal);

› appearing for a national broadcaster in a Coronial Inquest investigating a number of police shootings that occurred in Queensland.  The national broadcaster was given leave to appear because the issues include matters concerning the presence of media helicopters at one of the shootings (2015/2016);

› representing the Wagner interests in the 2015 Grantham Flood Inquiry. The hearing of the Inquiry was conducted with the assistance of a database used to call up documents and other electronic material in the openings, examining witnesses, tendering evidence, for use in written submissions and closing address;

› a lengthy commercial arbitration that ran in 2014 and 2015 in respect of the design of significant underground infrastructure. The total number of hearing days for the arbitration was 44 days. The structures in respect of which Nicholas was briefed in occupied approximately 30 days.  The hearing was conducted with the assistance of a database used to call up documents and other electronic material in the openings, examining witnesses, tendering evidence, for use in written submissions and closing address;

› a lengthy ASIC pecuniary penalty proceeding that commenced in 2013 and concluded in 2014 conducted in the Queensland Supreme Court that involved various allegations of breaches of the Corporations Act 2001 (Cth) arising out of the collapse of a large managed investment scheme. The total number of hearing days for the trial was 60 days. The hearing was conducted with the assistance of a database used to call up documents and other electronic material in the openings, examining witnesses, tendering evidence, for use in written submissions and closing address;

› one of the trials involving the  Storm Financial collapse.  The trial was conducted in the Federal Court in 2012 and 2013 and involved issues about  the existence and operation of an unregistered managed investment scheme, alleged breaches of contract, provisions of the ASIC Act, the then Trade Practices Act 1974 (Cth) as well as unconscionable conduct.  The total number of trial days was 49.  The proceeding successfully settled shortly after closing addresses.  The hearing was conducted with the assistance of a database used to call up documents and other electronic material in the openings, examining witnesses, tendering evidence, for use in written submissions and closing address;

› an international arbitration involving the construction of an Oil Refinery;

› disputes in the Supreme Court of Queensland involving the proper construction of the Building and Construction Industry Payment 2004 (Qld);

› matters generally conducted in the Supreme Court of Queensland about the construction/cost of road networks, tunnels, haul roads, railway networks and commercial and residential towers;

› judicial Reviews Proceeding including a review of the minister’s decision to renew a coal mining lease; (trial; Court of Appeal; successful in opposing special leave to High Court) and review of local authority decisions to not issue permits;

› proceedings involving the proper construction of provisions of the Acquisition of Land Act 1967, and whether the construction authority was required to offer the land back to the former owner (trial; Court of Appeal; successful in opposing special leave to High Court);

› a number of appeals and declaratory proceedings in the Planning and Environment Court;

› proceedings seeking declarations that certain business assets are held on trust flowing from alleged breach of fiduciary obligations; and

› freezing and recovering assets for an investor involved in the Opus Prime collapse.