Andrew Sutherland

Expertise

For over 25 years, Andrew has practised in commercial litigation in New South Wales. He has broad experience in corporate disputes, insurance, intellectual property and media law.

Andrew has advised clients in a wide and varied range of commercial litigation matters in the Commercial Division of the NSW Supreme Court and the Federal Court of Australia, including trade practices litigation, franchise litigation, insolvency litigation (including defending and prosecuting matters for and against liquidators) and all types of intellectual property litigation (including passing off, trade marks and breach of copyright). His areas of expertise include directors’ duties, all matters arising under the Corporations Act, class actions (particularly funding work), defamation actions and all other aspects of media law.

Andrew has comprehensive experience in negotiating and drafting all forms of intellectual property agreements (franchise, joint venture, assignments, sponsorships), registration of certification trade marks and dealings with the ACCC.

In addition, Andrew has acted for various publicly listed companies, financial institutions, private companies, insolvency practitioners, media groups, litigation funders, lottery owners and licensees, and government departments.

Experience

acting for litigation funders at the request of the court in relation to disputes regarding intervention on multimillion dollar court-approved settlements;
successful defence of the constructions issues arising from the Melbourne City Link project – Burnley and Domain tunnels;
reconstruction of the insurance records for a listed company dating back to the 1950s, to defend and commercially deal with a range of claims (including litigation in London that proceeded to the House of Lords);
acting for companies and individuals involving the responsibilities and duties of directors under the Corporations Law;
providing large corporations with professional indemnity and public liability insurance advice, including recreating an insurance program;
devising and succeeding in running the first group action in the Federal Court, arising from the collapse of a large corporation;
devising and implementing an anti-internet piracy program for a film association;
representing key witnesses at an ICAC inquiry;
acting for an individual in an action for negligent advice by a bank with proceedings in the NSW Supreme Court and Singapore (anti-suit injunctions, misrepresentation), and on appeal to the High Court of Australia;
acting in defending numerous pieces of lottery litigation;
litigation arising from the Commonwealth Bank purchase of Bankwest.