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Expertise

Joanne has more than 15 years’ experience in large scale and complex commercial litigation working within a premier law firm environment both in Brisbane and in London.  In addition, she has worked at a senior executive level within the Queensland Government. 

She specialises in the following areas of law: dispute resolution and litigation, public and administrative law, competition law, Government, regulatory and privacy.

Experience

Joanne is an experienced commercial litigator and Government lawyer with significant experience in managing large scale and complex commercial and regulatory disputes in both state and federal jurisdictions as well as internationally.  She has a track record of being able to critically analyse matters and be able to provide clients with strategic advice that is clear and meets client’s expectations. 

Joanne’s litigation experience is complemented by her senior in-house government legal experience which provided her with a deep understanding of government operations, processes and public sector legislation and enabled her to be a respected sounding board and trusted advisor to her clients at all levels of Government.

Joanne’s significant experience includes:

Competition law and regulatory

  • advising on the declaration decisions for third party access for significant state infrastructure under the Queensland Competition Authority Act 1997 (QCA Act).
  • advising on decisions and statements of reasons made under QCA Act.
  • assessing and managing competition law risks on proposed Government projects.
  • providing training and ongoing advice on competition law compliance.
  • advising UK pay TV operator:
    • on proceedings brought by the UK Telecommunications Regulator requiring the compulsory supply of certain pay TV channels at regulated prices. 
    • on the European Commission’s market investigation into pay TV movie rights. 
    • on proceedings brought against the operator for misuse of market power. 
  • advising on follow on damages claims arising from a European Commission cartel infringement decision.

Contractual and construction litigation

  • acting for the owner of a coal export terminal in Supreme Court of New South Wales proceedings in its complex contractual and tortious dispute with its contractors, subcontractor and insurers regarding the alleged defective design and construction, and resultant flooding, of one of its coal dump stations.
  • acting for a Queensland based mining joint venture in Supreme Court of Queensland proceedings in its contractual dispute with one of its contractors regarding the alleged incomplete and defective construction work for one of its mines.
  • acting for the owner of an oil and gas asset and its ongoing disputes with its contractors including in respect of very significant claims made under the security of payment legislation.

Public and administrative law and government

  • experience in advising on compliance with government policies and frameworks, complex matters of statutory interpretation and regulatory issues.
  • experience in developing and assessing government legal structures and governance. 
  • advising on the development and introduction of legislation.
  • advising on allegations of corrupt conduct including advising on whether conduct requires referral to the Queensland Crime and Corruption Commission.
  • advising on emerging issues including human rights compliance.

Confidentiality, information sharing, privacy and right to information

  • advising on information sharing including appropriate confidentiality agreements, terms of use and collection notices. 
  • advising on compliance with the Information Privacy Act 2009 including privacy complaints, breaches and OIC and QCAT proceedings.
  • advising on scope of right to information obligations.

Publications

07 September 2022 - Knowledge

Proposed penalties raise the bar on competition and consumer law breaches

#Competition & Consumer Law

The federal government intends to deter competition and consumer law breaches with the release of a Draft Bill that would see companies and individuals face significantly higher penalties.

24 August 2022 - Knowledge

ASIC announces priorities for 2022-2026

#Superannuation, Funds Management & Financial Services, #Dispute Resolution & Litigation, #Regulatory

The Australian Securities and Investments Commission (ASIC) has released its latest Corporate Plan, outlining its strategic priorities for the next four years. The Corporate Plan provides transparency on the regulator’s approach to new trends and initiatives in the financial market, and insights into how the regulator will effectively tackle product design and distribution, sustainable finance, retirement decision-making and technology risks over the coming years.

15 August 2022 - Knowledge

Not easy being green for Logan waste collection businesses, QCA finds

#Competition & Consumer Law, #Government, #Local Government

For the first time in five years, the Queensland Competition Authority (QCA) has handed down an investigation report finding a breach of the competitive neutrality principles by Logan City Council in the pricing of its green waste collection services.

06 July 2022 - Knowledge

Money transfer cartel sent cash and received jail time

#Competition & Consumer Law

In an Australian competition law first, four individuals have received prison sentences for criminal cartel conduct after fixing foreign exchange rates and fees despite being employed by competing money transfer businesses.

21 June 2022 - Knowledge

From the guest room to the dog house, ACCC brings action against Airbnb

#Competition & Consumer Law

The ACCC has instituted proceedings against Airbnb for breaking house rules by misleading consumers into believing the prices for accommodation displayed on its booking platform were in Australian dollars, when in fact those prices were in US dollars.

07 June 2022 - Knowledge

ACCC takes swipe at Mastercard for alleged misuse of market power

#Competition & Consumer Law

After signalling a focus on competition issues in the financial services sector, the ACCC has pinned down Mastercard in proceedings alleging it has misused its market power with the purpose of substantially lessening competition in the supply of debit card acceptance services.

30 March 2022 - Knowledge

Court finds nothing sweet about Peters icing out their competition

#Competition & Consumer Law

In proceedings brought by the ACCC, the Federal Court has served Peters Ice Cream a just dessert for engaging in anti-competitive conduct in the distribution of ice creams sold in petrol stations and convenience stores.

28 March 2022 - Knowledge

Third party access declaration may be terminal without logic and reason

#Administrative Law, #Competition & Consumer Law

A recent Queensland Supreme Court judicial review decision provides interesting insight into the court’s interpretation and ultimate operation of the new access criteria that apply to the third party access regimes under Queensland and Commonwealth competition legislation.

07 March 2022 - Knowledge

ACCC announces compliance and enforcement priorities for 2022-23

#Competition & Consumer Law

The ACCC’s 2022-23 compliance and enforcement priorities provide valuable insights to both public and private sector entities on the regulator’s focus areas from both a competition and consumer law perspective. They are particularly useful for those keen to stay off the ACCC’s enforcement radar.

01 October 2021 - Knowledge

Maintaining legal professional privilege as a Commonwealth Government lawyer

#Government, #Dispute Resolution & Litigation

In this article, we provide Commonwealth Government lawyers with some practical tips that may assist in maintaining privilege over the advice provided.

17 June 2021 - Knowledge

Government procurement: Detecting and deterring bid rigging conduct

#Dispute Resolution & Litigation, #Competition & Consumer Law, #Government, #Procurement

With the ACCC’s recent enforcement action for “bid rigging” cartel conduct arising from government procurement activity, we provide tips for government lawyers to detect and deter such behaviour occurring on their next procurement.

08 June 2021 - Knowledge

How to detect and deter bid rigging conduct in government procurement

#Dispute Resolution & Litigation, #Competition & Consumer Law, #Government, #Procurement

With the ACCC’s recent enforcement action for “bid rigging” cartel conduct arising from government procurement activity, we provide tips for government lawyers to detect and deter such behaviour occurring on their next procurement.

25 May 2021 - Knowledge

How to get a better deal on transport costs? Collectively bargain alongside your competitors

#Transport, Shipping & Logistics, #Competition & Consumer Law

A group of competing freight brokers have cleared the way to collectively negotiate favourable terms with freight carriers. Are you missing out?

11 May 2021 - Knowledge

Misuse of market power – the first outcome for ‘likely effect’

#Competition & Consumer Law, #Transport, Shipping & Logistics

In the first finding of a contravention of section 46 of the Competition and Consumer Act 2010 since its significant amendments, we consider the significance of the consent orders agreed between Tasmanian Ports Corporation Pty Ltd and the ACCC which declared that the port operator had engaged in conduct that had the ‘likely effect’ of substantially lessening competition in the market.

09 April 2021 - Knowledge

Model litigant obligations

#Government, #Dispute Resolution & Litigation, #Local Government

We examine the Commonwealth government's model litigant obligations, how these obligations are enforced and provide some key tips to help government lawyers comply with these obligations.

31 March 2021 - Knowledge

Public interest immunity: Tips and traps

#Government, #Dispute Resolution & Litigation

Following a recent Federal Court decision in an ACCC proceeding, we provide guidance to government lawyers claiming public interest immunity over Cabinet documents.

12 March 2021 - Knowledge

Model litigant obligations

#Dispute Resolution & Litigation, #Government, #Local Government

We examine the Government's model litigant obligations, how these obligations are enforced and provide some key tips to help government lawyers comply with these obligations.

01 March 2021 - Knowledge

ACCC compliance and enforcement priorities for 2021 – the impact on your piece of the economic pie

#Competition & Consumer Law

The ACCC has recently announced their compliance and enforcement priorities for 2021. We look at what the announcement entails and highlight the ACCC’s regulatory goals for the year.

Upcoming Seminars