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  • Justin McDonnell

    Partner
    Brisbane
    T: +61 7 3244 8099
    M: +61 417 196 858
 

 Professional Biography

 
  • Justin McDonnell is a Partner in the Brisbane office of King & Wood Mallesons where he concentrates on resolving commercial disputes. He has extensive experience in matters involving issues such as resource disputes, trade practices, telecommunications, insurance, mergers and acquisitions, insolvency and banking. Justin has particular expertise in dealing with large pieces of litigation involving numerous documents and witnesses that have significant commercial and strategic importance to clients. Most of these cases have been successfully resolved through Justin's use of mediation and other dispute resolution procedures.

    He is the immediate past Chairman of the Queensland Law Society Litigation Rules Committee and is regularly involved in discussions with Federal and Supreme Courts on improvements in litigation practice in the Courts.  Justin is co-chair of the Firm's Bribery and Anti Corruption Group.

    Justin has been nominated as a leading lawyer in a number of surveys. Most recently:

    · in 2010, 2011 and 2012 he was listed by The Australian Financial Review newspaper as one the leading litigation lawyers in Australia as nominated by peers in Best Lawyers;

    · for Dispute Resolution Asia Pacific in Chambers Global for 2012 and 2013; and

    · in 2010 by The Australian newspaper as one of the leading 100 lawyers in Australia as nominated by the 160 general counsel in the Legal Benchmarking Report.

 

 Experience

 
  • 2013: Partner, King & Wood Malleson, Brisbane
  • 1981: Bachelor of Commerce degree, University of Queensland
  • 1983: Bachelor of Laws (Hons) degree, University of Queensland
  • 1987: Master of Laws (Hons), Cambridge University
  • 1987 - 1990: Linklaters & Paines, London
  • 1991 - 1996: Feez Ruthning (now Allens Arthur Robinson), Brisbane
  • 1996 - 1997: Senior Associate, Mallesons Stephen Jaques, Brisbane
  • 1998 - 2013: Partner, Mallesons Stephen Jaques, Brisbane
  • Joint author of the chapter on Insurance Intermediaries and Clients in the text "Law of Commercial and Professional Relationships"
  • Joint author of the chapter on Insurance Intermediaries and Clients in the text "Law of Commercial and Professional Relationships"
 

 Recent Matters

 
  • Advising bank clients on recovery of loan monies, mareva injunctions, constructive trusts, production of documents to investigators such as ASIC, removal of caveats, appointment of receivers and dealing with injunction applications upon the enforcement of proceedings;
  • Advising corporate clients on directors & officers liability insurance, including comparisons of varying policies and drafting indemnities for directors;
  • Advising resource clients on issues concerning force majeure, drafting indemnities and disputes involving commodity sales and joint ventures;
  • Acting for corporate and banking clients in ATO, ACC and ACCC investigations, including dealing with allegations of insider dealing, misleading conduct, third line forcing and price fixing;
  • Acting for corporate clients in dealing with misconduct or breaches of duty by directors or management;
  • Acting for both vendors and purchasers of corporate entities through share purchase arrangements and subsequent litigation alleging breaches of warranties and misrepresentation claims ranging up to 21,000,000GBP including the sale of nine foundries in Northern England;
  • Advising clients on the possible access to the United Nations Compensation Commission for reimbursement of losses sustained during the First Gulf War as well as acting for a number of American and Japanese banks in London in dealing with Gulf War sanctions;
  • Acting for the successful applicant in Bell v. ASC regarding the presence of legal advisers at an ASIC investigation examination and also in claims against the ASIC regarding the right to access documents;
  • Acting for Suncorp in seeking declarations on the derivatives provisions of the Non-Bank Financial Institutions legislation;
  • Acting for a number of foreign currency loan cases for Westpac and AGC;
  • Acting for Westpac in settling litigation arising out of the demise of Southern Cross Airlines in a $50 million claim;
  • Acting for solicitors, accountants and insurers in professional negligence claims;
  • Acting for Telstra in telecommunications litigation, including settling the $100 million Pacific Star and $560 million All Services litigation;
  • Acting for ANI in settling litigation with claims up to $150 million arising out of its takeover of Palmer Tube Mills;
  • Acting for PricewaterhouseCoopers in successfully defending litigation arising out of the collapse of the Emanuel Group with claims over $300 million;
  • Acting for Brisbane Airport Corporation in successfully defending claims that a proposed large scale retail development at the airport contravenes the Airports Act;
  • Successfully acting for Woolworths in a number of planning appeals concerning competitor operations in Queensland;
  • Acting for large resource companies in gas supply agreement price arbitrations;
  • Acting for Japanese insurers in a large insurance dispute for over $530 million from the flooding of Ensham Coal Mine in January 2008; and
  • Acting for the defendant in the 400 George Street litigation successfully in every hearing to the High Court, dealing with important issues on the legal effect of deeds.
 

 Professional Memberships

 
  • Senior Solicitor on Lexon Insurance panel for the Queensland Law Society to deal with Insurer/Insured disputes
  • Member of Australian Insurance Law Association
  • Member, Queensland Supreme Court Judge's Rules Committee (Costs Sub-Committee)
  • Immediate past Chairman of the Queensland Law Society Litigation Rules Committee
  • Member of the Queensland Supreme Court Better Resolution Group
  • Queensland Law Society representative on the University of Queensland Student Union Election Tribunal