Biography

John Emmerig is one of Australia's leading litigation and regulatory lawyers. He has 38 years' experience and a national reputation for handling high-stakes domestic and cross-border litigation for prominent multinationals and major Australian companies.  John's key focus areas are (1) class action defence, (2) high-stakes commercial and government disputes, and (3) regulator investigations and actions.

Clients describe John as an "industry great", "profoundly experienced" and note "his technical excellence combined with his pragmatic, thoughtful and strategic lens puts him in a league of his own".  He is "an exceptional lawyer with a great intellect and impeccable judgment" who provides "a quality of legal service that is second to none."

John is a trusted adviser to companies, their Boards and C-suites and is routinely involved in some of the largest and most complex cases conducted in Australia superior courts.  His experience includes advising on:

• 45+ filed/threatened class actions;
• Scores of high stakes commercial and government disputes;
• 30+ investigations and enforcement actions by key Australian regulators (e.g. ASIC, ACCC, AUSTRAC, APRA); and
• 20+ Royal Commissions/Statutory Commissions/Parliamentary inquiries.

John's international litigation experience ranges from commercial disputes involving clients from the US, UK, EU and Asia to cross-border regulatory matters in the US and the UK. He also has decades of experience working with the government sector, having acted over that period for 35+ Federal and State government agencies.

John is the National co-Chair of the Class Actions Committee of the Law Council of Australia and lead author of the "Class Actions" section of the Federal Court Practice Manual. He is a member of the Federal Court of Australia's Liaison Committee on Class Actions, ASIC's Enforcement and Regulatory Litigation Consultation Group, and the Editorial Board of the Journal of Equity.  John co-Chairs the LCA's Transnational Litigation Committee.  He is a Governor of AMCHAM and is a member of AMCHAM's Defence and National Security Committee and its Financial Services Committee.  John has served as an Adjunct Professor of Law at UNDA, and for multiple terms as National Chair of the Federal Litigation and Dispute Resolution Section of the LCA (2015 to 2020).  He is a Fellow of the Australian Academy of Law and has published 100+ articles on substantive and procedural law topics.

Credentials

Academic qualifications:

• Adjunct Professor of Law, UNDA, 2016 to 2020
• Fellow of the Australian Academy of Law, inducted 2018
• Bachelor of Science / Bachelor of Laws (Australian National University)

Memberships

• National Co-Chair – Class Actions Committee of the Law Council of Australia
• Member – Federal Court of Australia's Class Actions Liaison Committee
• Member  – ASIC’s Enforcement and Regulatory Litigation Consultation Group
• Member – Federal Court of Australia’s LCA Liaison Committee on Practice and Procedure
• National Co-Chair – Transnational Litigation Committee of the Law Council of Australia
• Governor – American Chamber of Commerce in Australia (AMCHAM)
• Editorial Board – Journal of Equity, LexisNexis (foundation Board member)
• Lead author – “Class Actions” section of Federal Court/LCA Practice Manual
• Member – AMCHAM Defence and National Security Committee
• Member – AMCHAM Financial Services Committee
• Member – ASIC’s Enforcement and Regulatory Litigation Consultation Group
• Former National Chair – Federal Litigation and Dispute Resolution Section of the Law Council of Australia (2015-2020). The FLDRS is one of the 5 Sections of the Law Council and oversees 16 specialist litigation committees

John's experience

Class action defence – All major class action case types    

A leader of the Australian class action bar, John is one of Australia’s most experienced class action defence practitioners.  He has practised in this area since the class action procedures were first introduced in 1992 and has advised on 45+ filed and threatened class actions spanning all major class action case types conducted in Australia including: shareholder, securities, investor, consumer, product liability (automotive, pharmaceutical, chemicals, devices, industrial), government, environmental, franchise, cyber and data privacy class action claims.

John is the former national leader of the class actions practices at both Ashurst and Jones Day.  He is the National Co-Chair of the Class Actions Committee of the Law Council of Australia, the author of the “Class Actions” section of the Federal Court/LCA Practice Manual, a member of the Federal Court's Class Action Liaison Committee, has written 60+ articles in this area and taught Class Action law and procedure as an Adjunct Professor of Law.  Some current defence-side roles include:

• BGC Group – Advising BGC on a consumer class action (the first class action that has been conducted under the Western Australian Supreme Court’s class action procedures).
• Jaguar Land Rover – Advising on a Federal Court automotive product liability claim related to DPF filtration systems.
• ASX listed entity – Advising on a Supreme Court of Victoria shareholder class action.
• Major bank – Advising on a Federal Court class action involving contractual contraventions and related regulator proceedings.
• ASX listed company – Advising on a Supreme Court shareholder class action.

High stakes commercial and government disputes

John has an outstanding record representing major corporate clients and government in high value, ‘bet the company’ or strategically significant commercial disputes in superior courts across Australia.  John’s industry sector experience is wide-ranging and spans roles involving companies in the financial, technology, industrial, energy, transport, industrial, financial, defence, construction, resources and energy, pharmaceutical and chemicals sectors.

John has acted in scores of high stakes disputes.  A sample of the corporate clients he has represented includes: IBM, QIC, BGC, Koch Inc, Boeing, Bristol-Myers Squibb, Sanofi, Lendlease, Elbit Systems, Westpac, 7 Eleven Inc, CBA, CommSec, Marsh McLennan, ScotPac, BOQ, Orica, Lehman Bros Australia (in liq), HIH Group (in liq), ESAA, SAS, NFF and many others.  John has also advised 35 government agencies at Federal and State level.

Some sample matters include:

• Bristol-Myers Squibb, Sanofi and Otsuka Pharmaceuticals — PBS test cases. Acting for global pharmaceutical companies in two Federal Court test cases concerning originator pharmaceutical company liability for losses to Australia’s Pharmaceutical Benefits Scheme.  In the first of the test cases, John led the representation and was successful in securing judgment in favour of the clients at first instance, on appeal to the Full Court of the Federal Court and on appeal to the High Court of Australia.  The second test case is presently before the Federal Court awaiting a reserved first instance judgment.
• QIC – Claim by Energy Australia – John acted for QIC in defence of a $2.5 billion claim in the Victorian Supreme Court linked to the acquisition and capacity of one of Australia’s largest gas facilities (purchased by Lochard from EnergyAustralia).
• Lendlease – John acted for Lendlease in its successful prosecution of a complex and high profile dispute with the Barangaroo Development Authority over ’sightline’ rights in relation to a $2 billion development in the Barangaroo area of Sydney, and in respect of a subsequent related high value dispute.
• IBM – John acted for IBM in its successful defence of a $1.2 billion claim by the Queensland Government concerning a contractual dispute.  The State's claim was dismissed with indemnity costs in favour of IBM.
• Masters Home Improvement joint venture – John advised US giant, Lowe’s Inc, the joint venture partner with Woolworths in the Masters JV, on its $3.0 billion joint venture dissolution dispute.
  
• CBOSC and CBA – superannuation law test case – John represented the Commonwealth Bank’s superannuation fund and the CBA (from first instance in the NSW Supreme Court to the High Court special leave application) in their successful defence of a landmark test case on the law relating to "defined benefits".  The decision, dubbed by some commentators as the most important ruling on superannuation law in a decade, had implications in the order of tens of billions of dollars for the superannuation industry.

Regulatory investigations and enforcement proceedings

John has advised in dozens of regulatory matters (primarily ASIC, ACCC, APRA and AUSTRAC matters), FCPA investigations and white-collar criminal matters.  John serves on ASIC’s Consultation Forum on Enforcement and Regulatory Litigation.  In 2025, and again in 2026, John is the moderator the AMCHAM Regulator & Economic Leadership Program - a series of seminars in which John interviews the Chairs of ASIC, the ACCC, APRA, AUSTRAC, the FIRB, the Commissioner of Taxation, and the NACC Commissioner.

A sample of recent matters includes:

• Nuix – Successfully defended the former Chair of Nuix and a NED in a Federal Court ASIC civil penalty proceeding (judgment in April 2026).
• Mercer – Acting in an ASIC investigation and Federal Court civil penalty proceeding (current).
• CEO of major Australian corporation – Acting on an ASIC investigation (current).
• ASX listed entity – Advising in relation to an ASIC investigation (current).
• CEO of Rio Tinto – Successfully defended a Federal Court ASIC civil penalty proceeding (which was dismissed) against the former CEO of Rio Tinto and acted in parallel SEC litigation in the US.
• Chair of ASX listed entity – Acted for the Chair in an ASIC investigation.

Royal/Statutory Commissions of Inquiry and Parliamentary Inquiries

John has acted in 20+ Royal Commissions and government inquiries for major corporations and government entities.

Some sample matters include:

• Royal Commission on Antisemitism and Social Cohesion (Cth) – (current).
• Commonwealth Joint Parliamentary Committee inquiry – Advising a major ASX listed entity (current).
• NSW ICAC investigation – Advising a corporate party (current).
• Senate Select Committee on Supermarket Prices – Advised a global supplier to major supermarkets.
• NSW Parliamentary Select Committee Inquiry – Advised a major ASX listed entity.
• Royal Commissions into Crown Casino (WA and Vic) – Acted for Promontory, the casino AML auditor.
• Royal Commission into Disability (Cth) – Acted for IBM.
• Victorian Parliamentary Inquiry into the Victorian Government’s COVID-19 response – Advised global IT contractor.
• Royal Commission into the Banking, Superannuation and Financial Services Industry (Cth) – Acted for BOQ, Virgin Money and others.

Awards, recognition and ranking

• Chambers Asia Pacific & Chambers Global  — Ranked in the top 11 Litigation Lawyers in Australia.
• Legal 500 Asia Pacific — Leading Individual, Dispute Resolution
• Best Lawyers in Australia — Recognised Lawyer, Litigation, Class Actions, Government Practice, International Arbitration, Alternative Dispute Resolution
• Lawdragon — 500 Leading Global Litigators (2025)