An overview of recent high-profile matters Nicholas has been retained in include:

Administrative Law

Nicholas has been briefed in a number of diverse cases in administrative and public law:

> One of three QC’s retained to appear for New Acland Coal in a two-and-a-half day appeal and cross-appeal in the Queensland Court of Appeal.

> Acting for the Queensland Building and Construction Commission in a number of Judicial Review proceedings in the Supreme Court.

> Acting for major international mining companies challenging jurisdiction of the Land Court in the context of a challenged referral compensation.

> Acting for one of Australia’s largest grazier families in Judicial Reviews proceeding in the Supreme Court.

> Challenges to decisions of the Queensland Building and Construction Commission (acting for the Commission and generally on appeal).

> Judicial Review 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).

Arbitration

Nicholas has acted in numerous commercial arbitration, both national and international:

> Acting in a multi-million US dollar ICC arbitration for a global provider of technical and professional services, including engineering and construction. The hearing was by way of e-trial.

> Acting in a multi-million US dollar ICC arbitration for an international co-venture about the cost of constructing a major piece of infrastructure that involved allegations of misleading or deceptive conduct as well as alleged breaches of contract.

> A multi-million US dollar commercial arbitration in respect of the design of significant underground infrastructure. Arbitration hearing days totalled 44. The structures in respect of which Nicholas was briefed in occupied approximately 30 days. The hearing was by way of e-trial.

> A multi-million US dollar international arbitration involving the design and construction of an oil refinery.

Banking & Finance

Nicholas has a diverse experience in matters concerning the banking and financial sectors, examples include:

> Acting for one of the big four Australian Banks in Supreme Court proceedings defending against allegations of misleading and deceptive conduct and breach of contract.

> Acting for one of the major home lending banks in Supreme Court proceedings defending proceedings commenced against it by a former franchisee. The hearing was by way of e-trial.

> Lengthy ASIC pecuniary penalty proceeding conducted in the Queensland Supreme Court involving allegations of breaches of the Corporations Act 2001 (Cth) arising out of the collapse of a large managed investment scheme. The hearing totalled 60 days.

> One of the trials involving the Storm Financial collapse. The trial was conducted in the Federal Court 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 trial totalled 49 days.

Building & Construction

Nicholas has acted in numerous building and construction cases including:

> Multi-million AUD Supreme Court proceedings involving the design of major infrastructure at a major airport.

> Acting for a Queensland engineering firm in a multi-million AUD construction dispute for major infrastructure in Western Australia.

> Acting for the contractor in a multi-million AUD claim arising out of bulk earthworks.

> Acting in a multi-million US dollar ICC arbitration for a global provider of technical and professional services, including engineering and construction.

> Acting in a multi-million US dollar ICC arbitration for a global provider of technical and professional services, including engineering and construction. The hearing was by way of e-trial.

> Acting in a multi-million US dollar ICC arbitration for an international co-venture about the cost of constructing a major piece of infrastructure that involved allegations of misleading or deceptive conduct as well as alleged breaches of contract.

> A multi-million US dollar commercial arbitration in respect of the design of significant underground infrastructure. Arbitration hearing days totalled 44. The structures in respect of which Nicholas was briefed in occupied approximately 30 days. The hearing was by way of e-trial.

> A multi-million US dollar international arbitration involving the design and construction of an oil refinery.

> 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.

> Disputes in the Supreme Court of Queensland involving the proper construction of the Building and Construction Industry Payment Act 2004 (Qld).

Commercial Litigation

Nicholas’ practice includes acting in a range of commercial disputes, such as:

> Acting for a global independent energy products and industrial material supply chain manager in a dispute involving a USD 10 million supply contract.

> Acting for international investors in respect of a dispute as to who ultimately is entitled to access in the order of USD 18 million.

> Acting for the Port of Brisbane to resist and attempt to obtain, by subpoena, production of commercial in confidence business records.

> Acting for Coles to resist an attempt to obtain, by non-party disclosure, commercial in confidence business records.

> Acting for a national rail carrier in numerous Supreme Court proceedings arising out of derailments.

> Supreme Court proceedings against local authorities arising out of developments approved by the authorities.

> Proceedings seeking declarations that certain business assets are held on trust flowing from alleged breach of fiduciary obligations.

Commissions of Inquiry and Inquests

The versatile and broad nature of Nicholas’ experience includes appearing in Commission of Inquiries and Inquests. His experience includes:

> Appearing for a national broadcaster in a Coronial Inquest investigating 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.

> Representing the Wagner interests in the 2015 Grantham Flood Inquiry.

Energy & Resources

Nicholas undertakes work in the energy and resources sector. Recent examples of this work in this area include:

> One of three QC’s retained to appear for New Acland Coal in a two-and-a-half day appeal and cross-appeal in the Queensland Court of Appeal.

> Acting for major international mining companies challenging jurisdiction of the Land Court in the context of a challenged referral for compensation.

> Acting for BHP and its co-venture partners in relation to a contested application to expand a major coal mine.

> Appearing in the Supreme Court, Queensland Court of Appeal and the High Court (successfully resisting special leave) for the tenement holder in a decision concerning the judicial review of a decision to grant the renewal of a mining lease.

Land Court

Nicholas has appeared in a number of matters in the Land Court, including:

> Acting for a developer whose development site was compulsorily acquired.

> Acting for a mining company in the re-opening of a mining lease compensation hearing. Leave to reopen was given following the resumption of part of the subject land.

> Acting for Coles to resist an attempt to obtain, by non-party disclosure, commercial in confidence business records.

> Acting for major international mining companies challenging jurisdiction of the Land Court in the context of a challenged referral for compensation.

> Acting for BHP and its co-venture partners in relation to a contested application to expand a major coal mine.

Planning & Environment Court

Nicholas has appeared in a number of appeals and declaratory proceedings in the Planning & Environment Court, including:

> Acting for the DES in an appeal challenging a decision to issue an Environmental Protection Order.

> Advising the holder of various EPAs about scope of the authorities and whether or not there had been a breach and whether development permits are required.

> Acting for developers in an appeal concerning questions of whether there was material conflict with the scheme and whether “relevant matters” justify approval.

> Advising the State in relation to the extent of powers to direct things to be done in respect of a heritage listed site.

> Acting for Logan City Council in a conditions appeal for a development site.

Professional Negligence

> Acting for the defendant engineering firm in a AUD 160 million claim about the adequacy of the design of an aspect of an international airport (ongoing).

> Acting for one of a number of law firm defendants in proceedings where the subject matter of the proceedings is a deceased estate worth hundreds of millions of dollars (ongoing).

> Acting for a local government, being one of numerous defendants. The claim seeks tens of millions of dollars in damages arising out of approvals for a development of land (ongoing).

> Acting for one of a number of law firm defendants being sued following a real property fraud as a consequence of which a company, controlled by the fraudsters, became the registered proprietor of a AUD 7 million residence and obtained in the order of AUD 3 million from a loan secured over the property.

> Acting for one of a number of law firm defendants arising from a real property fraud as a consequence of which fraudsters managed to obtain a AUD 1.8 million loan secured over real property owned by an innocent third party. The matter settled.

Succession

Nicholas is consulted and appears in cases in the area of succession law. Examples of previous matters include:

> Acting for one of a number of beneficiaries where the issue was whether there was a binding mutual will.

> Acting for executors where the question was whether adequate provision had been made for an adult child, residing in a nursing home following a serious motor vehicle accident, who, prior to the accident was abusive to her children, had abandoned her children to the care of the deceased and a drug addict and where provision had been made for that adult child’s children. The adult child had received a large compensation payment following the motor vehicle accident.

> Acting for executors where the estranged adult son claimed adequate provision had not been made for him by his parents.

> Acting for executors where a person alleged an equitable agreement had been made between that person and the deceased in respect of certain real estate and that as a consequence, a constructive trust existed in relation to that property.