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Gareth McCasker

Senior Associate
About

Gareth McCasker is an experienced litigation lawyer specialising in the resolution of commercial and regulatory disputes. He frequently acts in commercial and government related disputes involving negligence, misleading and deceptive conduct, breach of contract, administrative law and other civil claims, and also has experience in international arbitration, investor-state and World Trade Organization disputes. Gareth works across many sectors including the agriculture, energy, construction, property development and technology sectors.

Gareth's known for his results-orientated approach. He cuts through complicated legal and factual issues, provides practical advice and solutions and navigates his client's cases towards the best possible outcome.

Professional QualificationsSolicitor of the Supreme Court of QueenslandSolicitor of the High Court of Australia

EXPERIENCE

  • Acted for a plaintiff Australian aquaculture company against seafood importers and the Australian Government in tort proceedings in the Federal Court in relation to damages suffered from the importation of an exotic aquatic disease.
  • Acted for a defendant American multinational engineering services company in Supreme Court of Queensland proceedings in relation to alleged design and construction defects on a major Australian bridge and motorway.
  • Represented a technology company takeover target in the Supreme Court of NSW to obtain approval for a scheme of arrangement under Part 5.1 of the Corporations Act 2001 (Cth).
  • Represented a defendant Japanese and American joint venture contractor in international arbitration under ICC Rules of Arbitration seated in Singapore in relation to alleged construction defects in a major Australian LNG onshore production facility.
  • Acted for the Australian Government defending challenges to Australia's tobacco plain packaging laws in:
    • an Investor-State dispute under the Hong Kong – Australia Bilateral Investment Treaty commenced by Philip Morris Asia.
    • World Trade Organization disputes commenced by Ukraine, Honduras, Indonesia, the Dominican Republic and Cuba.
  •  Acted for a Queensland property developer in Supreme Court of Queensland proceedings in relation to the termination of a property development management agreement for a mixed-use master planned development encompassing commercial, residential, hotel and entertainment areas.
  • Acted for numerous plaintiffs in financial advice disputes, predominantly in the Commonwealth Bank of Australia's Open Advice Review Program, but also in Supreme Court of Queensland proceedings against a prominent Australian stockbroking firm.
  • Acted for the Australian Competition and Consumer Commission in Federal Court proceedings against Apple in relation to Apple’s misleading and deceptive marketing of the Apple iPad.
  • Advised the ACT Auditor-General in relation to a water and sewerage pricing investigation in the ACT.
  • Acted for the Australian Government in various Administrative Appeals Tribunal proceedings, including appearance as a solicitor-advocate.
  • Acted in a construction business partnership dispute resulting in the winding up of the partnership.
Languages
  • English
Education
  • Georgetown University, Master of Laws, 2011

  • Queensland University of Technology, Bachelor of Laws, 2008

  • University of Queensland, Bachelor of Commerce, 2005

Memberships and Affiliations

  • Queensland Law Society

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