Litigation and disputes in Australia may be complex, prolonged and resource-intensive. They can disrupt operations and affect reputation, whether a party is responding to a claim, defending proceedings or deploying litigation to secure a commercial outcome.
Outcomes turn on command of detail and clarity of strategic position. Thomsons approaches each matter on its facts: assessing where the case is genuinely strong, where exposure sits, what resolution path serves the client's commercial position, and how cost and time are best managed. Strategy is set deliberately, not by template.
Thomsons acts for major corporations, governments and global institutions across the full range of disputes work, from claims in defence to disputes used as a strategic lever to secure a commercial outcome. Work spans courts, arbitral tribunals and regulatory forums across Australia and internationally.
Thomsons covers commercial litigation in state and federal superior courts, class action defence, construction and infrastructure disputes, domestic and international arbitration, regulatory and enforcement proceedings, and representation before royal commissions and public inquiries. Sector knowledge runs deep across financial services, government (including civil litigation, public and administrative law, and commercial and construction disputes), product liability and consumer protection, life sciences, media, technology, energy and infrastructure.
Areas of expertise
Thomsons acts in major commercial disputes in the Federal Court of Australia, the High Court of Australia, and state superior courts and courts of appeal. The practice handles complex multi-party, multi-jurisdictional litigation, including contract disputes, joint venture and shareholder disagreements, securities and fraud claims, product liability proceedings and tortious claims.
The firm acts for companies, governments and institutions where the scale, profile or legal complexity of the dispute demands senior litigators with national standing. Thomsons regularly acts opposite or alongside firms ranked Band 1 and Band 2 in leading legal directories.
Representative work spans industries including pharmaceuticals, media, financial services, technology, government and construction, with assignments running in parallel in multiple jurisdictions including Australia, the United States, the United Kingdom, Japan, the Netherlands and Singapore.
Thomsons defends corporate and government clients in class action and mass claims proceedings across the Federal Court of Australia and state supreme courts. The practice covers securities and investor claims, consumer and product liability proceedings, employment and franchise claims, and claims against public authorities.
The team manages defence strategy from commencement through interlocutory proceedings, trial preparation, settlement and court approval. Where class actions are run in parallel with regulatory investigations and litigation, the team coordinates across both workstreams. The firm also advises on litigation funding, insurer engagement and multi-party coordination. We also act in class action appeals.
Thomsons is currently acting in some of Australia's most significant class action assignments, including the defence of Australia's first automotive fuel efficiency class action and the largest ever class action in the Western Australian Supreme Court under its new procedures.
Thomsons conducts domestic and international arbitration proceedings, both ad hoc and institutional, under the rules of SIAC, ACICA, the Resolution Institute, HKIAC, LCIA and ICC. The firm also advises on investor-state disputes and is regularly retained to enforce, or resist enforcement of, foreign arbitral awards in Australian courts.
Bronwyn Lincoln, ranked Band 1 in Chambers and Partners for international arbitration across global and Asia-Pacific directories is recognised internationally as one of Australia's foremost arbitrators.
The practice has experience across a wide range of arbitral seats and jurisdictions including Singapore, Hong Kong, Malaysia, India, Korea, Indonesia, the UAE, Papua New Guinea, Europe, the United Kingdom and Japan.
Thomsons advises on and represents clients in mediation and other forms of alternative dispute resolution. The firm works with clients to assess when settlement is in their interests and how to structure negotiations to achieve it on the best available terms.
ADR is deployed strategically, whether as a standalone process or in conjunction with litigation or arbitration. The firm has experience in court/tribunal-ordered mediations and conciliations, commercial mediation under agreed frameworks, and informal negotiations. This work is closely integrated with the firm's broader litigation practice, ensuring consistency of strategy and outcome.
Thomsons acts for corporations and individuals responding to regulatory investigation and enforcement action brought by ASIC, ACCC, APRA, the ATO, the AFP and other Commonwealth and state regulators. The work encompasses responding to compulsory examinations and notices to produce, advising on enforcement exposure and, where necessary, contesting proceedings in court.
We also act for Commonwealth, state and territory regulatory and enforcement agencies across various sectors.
The firm has particular depth in ASIC and APRA assignments. We combine a market-leading front-end financial services regulatory practice with deep back-end expertise in financial services regulatory matters. Our practice is led by lawyers who have been involved in some of Australia's most high-profile financial services regulatory investigations and enforcement proceedings.
Thomsons is currently acting for Mercer Superannuation, a A$70 billion fund, in Federal Court proceedings initiated by ASIC; for the former chairman and non-executive directors of Nuix Limited in ASIC civil penalty proceedings; and in a significant alleged insider trading assignments. Each of these assignments involves work of national significance and requires close coordination with regulators, boards and in-house legal teams.
Thomsons acts for governments, government agencies, corporations and senior executives in royal commissions and major public inquiries. The work includes advising on the scope of terms of reference, responding to compulsory notices, preparing witnesses and witness statements, preparing submissions and managing legal risk across the life of the inquiry.
The firm's royal commission practice is led by lawyers with exceptional experience in this area. John Emmerig has appeared in and advised on more than 20 royal commissions and is regarded as one of Australia's most experienced lawyers in this field, while our government litigation team has assisted clients involved in most Commonwealth royal commissions held in the last decade.
Our experience
Reddit – High Court constitutional challenge to social media age restrictions
Acting for Reddit, Inc. in a High Court challenge to the validity of the Online Safety Amendment (Social Media Minimum Age) Act 2024 (Cth). The challenge raises first-of-its-kind constitutional questions on age-based social media restrictions and the implied freedom of political communication.
Bristol-Myers Squibb and Otsuka Pharmaceuticals – PBS test case
Acting for global pharmaceutical giants BMS and Otsuka in an internationally significant Federal Court test case concerning originator pharmaceutical company liability for losses to Australia's Pharmaceutical Benefits Scheme. The case raises questions of major financial consequence for the global pharmaceutical industry, with the precedent value estimated in the tens of billions of dollars.
BGC Group – First class action in the WA Supreme Court
Defending BGC Group in the first class action brought under the Western Australian Supreme Court's new class action procedures. The claims arise from delays and price increases affecting approximately 7,500 home constructions and raise novel questions about the impact of COVID border closure laws on liability.
Network Ten – Lehrmann v Network Ten defamation proceedings
Acting for Network Ten in the successful defence of Australia's most high-profile defamation case in recent times. The truth defence was upheld at first instance, and on appeal to the Full Federal Court. A special leave application to the High Court was dismissed.
Defending Mercer Superannuation, a A$70 billion fund, in Federal Court proceedings brought by ASIC for alleged systemic failures in breach reporting obligations.
Mitsubishi Motors – Fuel efficiency class action
Defending Mitsubishi Motors in Australia's first consumer class action concerning fuel consumption labelling on motor vehicles. The A$1 billion claim has serious potential consequences for the automotive industry. Thomsons also acted for Mitsubishi in a related High Court appeal, which was successful and required the applicants to reframe their class action claim.
Kingdom of Spain – ICSID arbitration enforcement
Acting for the Kingdom of Spain in defending an application to enforce a EUR 290.6 million ICSID investment arbitration award in the New South Wales Supreme Court. The assignment involved the Energy Charter Treaty, the ICSID Convention, EU law, and Australian constitutional and statutory frameworks. An appeal to the NSW Court of Appeal is on foot.
Nine Entertainment – Blue Sky Securities class action
Acted for Nine Entertainment Co Holdings Ltd and a high profile journalist in the successful defence of a A$445 million securities class action in the Supreme Court of Queensland. Following a series of strategic interlocutory applications, the plaintiff discontinued its claims against both defendants with costs orders in their favour.
Amicorp and Incomlend – International trade credit insurance dispute
Acting for Amicorp Trustees (Singapore) and Incomlend Pte Ltd in trade credit insurance proceedings spanning the UAE, Singapore and China. The assignment involves complex questions of conflict of laws, INCOTERMS, international commodity trading practices and the Insurance Contracts Act 1984 (Cth).
Koch Inc/Infor – Cross-border software dispute
Acting for Koch Inc (the second-largest private company in the United States) in a major contract dispute in the New South Wales Supreme Court Commercial List with a Dutch IT company over software licensing rights and royalties, with cross-border dimensions in the US, Netherlands and UK.