Profile
Year of Call:
2003Year of Silk:
2018Overview
Having worked as both a commercial litigation solicitor at a top tier law firm and now as a barrister (combined) for over 28 years Nicholas is able to draw on a wealth of experience in diverse areas of the law to advise and litigate for his clients. This experience combined with his friendly and collaborative working style make him a popular choice for instruction by both lawyers and clients.
Prior to being appointed Queen’s Counsel in 2018, Nicholas was led by 28 Silks, many of whom are now superior court judges.
Nicholas has conducted lengthy trials, including a number of lengthy e-trials in the Federal Court, the Supreme Court and Commercial Arbitration. These trials were conducted with the assistance databases used to call up documents and other electronic material in the openings, examining witnesses, tendering evidence, for use in written submissions and closing address. Nicholas champions the use of technology at the Bar and is amenable to utilising all electronic tools in order to expedite the briefing experience for the ease of his clients.
His practice is dominated by legally complex and high value work in the Supreme Court and commercial arbitration. He appears in all courts, arbitrations and commissions of inquiry as well as possessing extensive experience in mediations, as counsel and mediator.
Nicholas has a large and diverse commercial practice covering a wide range of practice areas.
In addition, Nicholas is regularly instructed in regulatory enforcement matters, primarily for authorities and regulatory bodies, as well as taking on pro bono work. Nicholas volunteers at Caxton Legal Centre and has done so for many years.
Nicholas is an elected member on the Queensland Bar Association and sits on the Queensland Bar Association’s ethics sub-committee, he is also the Chair of the New Bar Committee. Nicholas also sits on the Australian Bar Association’s Ethics committee. He is a director of a charity, Roses in the Oceans whose purposes include preventing suicide. He is also a director of Law Council Australia as the Queensland representative for the Bar Association of Queensland. Nicholas is also the chair of the Queensland Bar Association’s New Barrister’s Committee.
Experience
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 and in the pending special leave application to the High Court.
> 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 claim (seated in Tokyo) in relation to the recovery of costs and consequential losses following a directed shut down of an onshore LNG facility.
> Acting in a mutli-USD ICC Arbitration for a Sultanate.
> Acting in a multi-million US dollar ICC arbitration for a global provider of technical and professional services, including engineering and construction in respect of a military base. 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.
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.
> 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.
> Cladding – Nicholas is retained in a number of matters involving the use of PTCs on commercial towers.
> Please see Arbitration above for further experience examples.
Commercial Litigation
Nicholas’ practice includes acting in a range of commercial disputes, such as:
> 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 major organisations, including Coles and the Port of Brisbane, to protect confidential business records as well as commercial and in confidence business documents.
> Acting for a national rail carrier in numerous Supreme Court proceedings arising out of derailments.
> Acting for an international power company in a multi-million AUD dispute in respect of meaning and affect of a long-term power supply agreement.
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 respite care provider at the Royal Commission into Abuse, Neglect and Exploitation of People with Disability.
> Appearing for GHD in the Paradise Dam Commission of Inquiry.
> 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 Floods Commission of 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 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 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).
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.
Recommendations
The Legal 500 Asia Pacific – Construction
- 2022 – “He is extraordinarily easy to engage with, is collaborative and has a very broad range of skills both from an administrative law viewpoint and a broader commercial law viewpoint. Both his written and oral skills are excellent.“
- 2021 – “Provides robust, correct legal advice and always works through strategy and case theory for the client. He has been described as the nicest QC that has ever existed and it is hard to disagree with this notion.“
Doyle’s Guide to the Australian Legal Profession – Commercial Litigation & Disputes Barristers
- 2020-21 Commercial Litigation & Disputes Barristers (Queensland) – Recommended Senior Counsel
- 2018 Commercial Litigation & Disputes Barristers (Queensland) – Recommended Junior Counsel
- 2017 Commercial Litigation & Disputes Barristers (Queensland) – Leading Junior Counsel
- 2016 Commercial Litigation & Disputes Barristers (Queensland) – Leading Junior Counsel
Doyle’s Guide to the Australian Legal Profession – Construction & Infrastructure Barristers
- 2022 Construction & Infrastructure Barristers (Queensland) – Recommended Senior Counsel
- 2020 Construction & Infrastructure Barristers (Queensland) – Leading Senior Counsel
- 2019 Construction & Infrastructure Barristers (Queensland) – Recommended Senior Counsel
- 2018 Construction & Infrastructure Barristers (Queensland) – Leading Junior Counsel
- 2017 Construction & Infrastructure Barristers (National) – Recommended Junior Counsel
- 2017 Construction & Infrastructure Barristers (Queensland) – Leading Junior Counsel
- 2015 Construction & Infrastructure Barristers (Queensland) – Recommended Junior Counsel
The Australian Financial Review’s Best Lawyers®
- 2021-23 recognised in Alternative Dispute Resolution, Litigation and Planning & Environmental Law
Appointments
2012 - present Board, Roses in the Ocean "Stemming the tide of suicide"
2015 - present Representative on the Queensland Bar Ethics Committee
2015 - 2022 Representative on the Queensland Bar, Bar Care Committee
2015 - present Queensland Bar representative on a working group identifying opportunities to promote e-trials and facilitate sharing more information electronically in criminal matters
2016 - present Member of the Queensland Bar Association’s Professional Conduct Committee
2017 - present Elected to the council of the Queensland Bar Association
2017 - present Member of the Federal Court legal technology sub-committee of the Law Council of Australia. The sub-committee was formed to develop a nation-wide guideline for discovery from collection of documents from the client through to e-trials
2018 - 2020 President of the Queensland Chapter of the Hellenic Australian Lawyers Association
2019-present Australian Bar Association Ethics Committee
2019-present Queensland Bar Association New Bar Committee Chair
2020-present Bar Association of Queensland's appointed Director of the Law Council of Australia
Late 2021 to present Director of Law Council of Australia as the Queensland representative for the Bar Association of Queensland
Member
Bar Association of Queensland
Society of Construction Law (SoCLA)
LawRight
Career
2003 Barrister
1991-2003 Solicitor - Nicholas undertook a bachelor of law degree on a part-time basis at QUT. He undertook 5 year articles of clerkship whilst studying law. Nicholas completed his degree in 1991 and was admitted as a solicitor in December 1991. As a solicitor, Nicholas worked and gained experience in a small Brisbane CBD firm; a regional law firm in New South Wales and a mid-tier Brisbane firm. He joined a national law firm where he worked as a commercial litigator for about 8 years before coming to the bar in 2003.
Education
LLB
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