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.
The ACCC has given businesses fair warning that it will focus on cost of living pressures, the price of essential services, the integrity of environmental and sustainability claims and anti-competitive conduct with the release of its 2023-24 Compliance and Enforcement Policy and Priorities.
#Environmental, Social and Governance (ESG), #Competition & Consumer Law, #Superannuation, Funds Management & Financial Services
Australia’s corporate and consumer regulators are on red alert for greenwashing and have prioritised investigating and taking enforcement action in connection with misleading disclosures and marketing.
We provide an update on the judgment delivered by the Land Court at the end of 2022 on the role that climate change can play in government decision-making through the operation of the Human Rights Act 2019.
The ACCC has signalled a focus on gas, childcare and telecommunications industries in 2023, warning the business community that it has new and existing enforcement powers and is not afraid to use them.
This edition includes a timely reminder to government agencies of the considerations that should be given to the collection, storage and retention of personal information. Plus, a discussion on the recent changes to the Industrial Relations Act 2016 (Qld).
In the first enforcement action of its kind in three years, the ACCC has secured a court enforceable undertaking from a turf breeder after concerns it may have engaged in a concerted practice.
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.
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.
#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.
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.
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.
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.
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.
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.
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.
In this article, we provide Commonwealth Government lawyers with some practical tips that may assist in maintaining privilege over the advice provided.
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.
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.
