Beverley Newbold | MinterEllison | WSG

Practice Expertise

  • Litigation and disputes
  • Education
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Areas of Practice

  • Education
  • Litigation and disputes
  •  
  •  

WSG Practice Industries

Profile

I regularly advise in relation to disputes between shareholders, and in relation to breaches of, and disputes arising from, contracts for supplying goods and services, particularly IT services. My expertise extends to cross-border transactions, including matters involving the application of the United Nations Convention on Contracts for the International Sale of Goods to international supply contracts.

I also have considerable experience in international arbitration, and am on the board of ACICA, the Australian Centre for International Commercial Arbitration.

Career highlights

  • Estia Health – defending Estia Health in relation to a class action brought by shareholders alleging breaches of the Corporations Act concerning Estia's funding and operating structures and market guidance
  • Citibank executive – acting in defence of cartel proceedings alleging cartel conduct in the context of a capital raising 
  • Billabong International Limited – acted for the surf company in a class action brought by shareholders regarding allegedly misleading market guidance
  • Qantas Group – regularly act for the airline and its loyalty division, including representing Qantas in Federal Court proceedings against Rolls-Royce over the headline Airbus A380 engine failure; defending Qantas in a class action brought by travel agents; and acting for Jetstar in Supreme Court proceedings related to ground-handling services at Singapore Changi Airport
  • Bellamy's Australia Limited – acting for the infant formula and food product company in two class actions brought by shareholders regarding allegedly misleading market guidance
  • UrbanGrowth NSW and the NSW Minister for Planning – defended claims brought by the Meriton Group alleging breaches of contract and administrative law. This arose in the context of an expression-of-interest land sale process and subsequent NSW Civil and Administrative Tribunal proceedings, in which Meriton unsuccessfully sought confidential tender documentation
  • MFS Investment Management Limited – represented the company’s non-executive directors in a class action brought by unitholders alleging misleading statements and breaches of directors’ duties
  • Conducted arbitration for manufacturers, energy sector joint venturers and insurance companies, pursuant to the ICC and UNCITRAL rules and procedures.
  • Co-authored Australia’s contributions to recent international guides on class actions and on recognising and enforcing foreign judgments
  • Jointly won the International Business Regulation, Litigation and Arbitration Award while attaining a Master of Laws at New York University
  • Praise from clients in Chambers Asia-Pacific: “An excellent litigator – she is responsive, intuitive and very bright”; “She gives full and frank advice behind the scenes and has a good feel for what’s attainable, yet is never afraid to fight your corner”

Education
LLB (Hons), BA, LLM (INTERNATIONAL BUSINESS REGULATION, LITIGATION & ARBITRATION)

Areas of Practice

  • Education
  • Litigation and disputes

Professional Career



Articles

  • Changes to continuous disclosure laws are now permanent

    Is this the end of speculative class actions?

     

  • NSW Supreme Court advances the case for market based causation
  • MinterEllison pushes for reform to Australia's class actions regime

    MinterEllison's response to the Australian Law Reform Commission Inquiry into Class Action Proceedings and Third-Party Litigation calls for reform to a regime that is enabling a steep rise in shareholder class actions.

  • High Court endorses shareholders' ability to examine former directors

    In Walton v Arrium the wider interpretation of section 596A may provide class action plaintiff law firms and funders with a further 'tool in their toolbelt' in exploring the viability and substance of future claims.

  • Larry Crowley v Worley Limited: do company directors and officers have anything to 'Worley' about?

    On 22 October 2020, a single judge of the Federal Court dismissed a shareholder class action against Worley Limited (Worley) in Crowley v Worley Limited [2020] FCA 1522 (Crowley v Worley). This is the first shareholder class action won by a respondent in Australia, and only the second shareholder class action to go to judgment after trial.

  • High Court says there is no 'one size fits all' solution to competing class actions

    In this article we explore the High Court's recent decision in Wigmans v AMP Limited, which resolves longstanding questions regarding competing class actions.

  • Myer class action: finally guidance on guidance?

    The landmark Federal Court decision by Justice Beach in the Myer class action is the first final judgment in a shareholder class action in Australia.

    Our class action experts have unpacked what this decision means for companies seeking to comply with their market disclosure obligations.

  • Practical Law Class & Collective Actions Global Guide

    MinterEllison class action specialists partner Beverley Newbold, special counsel Julia Avis and associate Rafael Aiolfi have unpacked the ever-changing Australian class action landscape, authoring a chapter Practical Law's Global Class & Collective Action Global Guide.

  • Wetdal v Estia: Are interlocutory class closure orders really beyond power?

    We analyse the recent Wetdal v Estia judgment, and in particular, Justice Beach's consideration of whether interlocutory class closure orders really are beyond power.

     

  • MinterEllison authors Australian perspective for The Class Actions Law Review

    Class actions are now a global phenomenon. Australia is no different, with class actions continuing to grow in prominence and regularity. To help unwrap this trend, MinterEllison has authored the Australian chapter of the publication, The Class Actions Law Review.

  • MinterEllison acts in landmark cartel case

    MinterEllison has successfully defended the criminal cartel action against Citi executive Itay Tuchman.

  • A fundamental shift? The High Court's decision in BMW Australia Ltd v Brewster
    A new decision may result in a slowdown in the commencement of new class actions and a return to 'closed' class actions.
  • Practical Law, Global Guides - Class and Collective Actions in Australia – 2019

    Our class action specialists provide their observations and commentary on the current procedural and regulatory framework which underpins this increasingly-popular type of litigation, as well as their expert insights on future trends and possible areas of reform.

  • COVID-19: Force majeure and frustration of your contracts

    As the spread of the coronavirus disrupts business, contracting parties are starting to consider whether force majeure or frustration have altered or discharged contractual obligations to perform.

  • ICLG: Enforcement of Foreign Judgments 2017
    Partner Beverley Newbold and Senior Associate Tamlyn Mills have written the Australian chapter of the International Comparative Legal Guide to: Enforcement of Foreign Judgments 2017. The publication offers cross-border insights into the enforcement of foreign judgments, and the chapter covers the general regime, special enforcement regimes applicable to judgments from certain countries, enforcement and other matters.
  • New decision fuels risk of pre-action discovery against companies facing misconduct allegations

    New decision: McFarlane as Trustee for the S McFarlane Superannuation Fund v IOOF Holdings Limited [2018] FCA 692  fuels risk of pre-action discovery against companies facing misconduct allegations. 

  • Force majeure and frustration of university contracts during COVID-19

    The spread of COVID-19 does not mean that a force majeure clause will be operative or that a contract will be frustrated. Universities will need to consider the specific impact of COVID-19 on how they perform obligations in the context of each of their contracts.

  • Protecting your corporate reputation during a crisis
    Picture this: you are just about to grab a coffee during a busy day when your phone rings. You answer the call. A reporter is on the line and you are about to be tomorrow's front page news for all the wrong reasons. A crisis is breaking ... how do you respond? This article gives guidance on how you should handle the media during a crisis and rebuild your reputation after a crisis.

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