As an Associate in our Brisbane office and dispute resolution team, Lochlan supports our clients to achieve commercial outcomes in a range of complex, business critical disputes.
Lochlan understands that every business and dispute is unique, and that value is best delivered by truly understanding our clients’ objectives and industries. He understands that disputes can be both a commercial necessity to protect commercial interests, or an unwelcome distraction from simply getting on with business; and that a bespoke approach is required in each instance.
Lochlan is experienced in all stages of commercial disputes, from providing initial advice and preparing for and progressing proceedings, through to negotiating and finalising settlements. He has an established track record of developing strategies to secure commercial outcomes in both formal court proceedings and alternative dispute resolution processes.
Lochlan has advised multi-national corporations, small and medium-sized enterprises, and not-for-profit organisations in a range of commercial disputes, including complex contractual disputes, intellectual property disputes (including patent infringement), consumer disputes, and corporate insolvency and debt recovery.
Lochlan has also advised on the review of various government decisions by way of judicial review. Working closely with Moulis Legal’s international trade team, Lochlan has challenged decisions of the Anti-Dumping Commission, Anti-Dumping Review Panel, the Minister for Industry, and Australian Border Force.
Lochlan’s experience spans a range of Federal and State jurisdictions, including the Federal Court of Australia, and the Supreme and Magistrate Courts of Queensland, New South Wales Victoria, and the Australian Capital Territory. Lochlan has also supported clients on appeal to the Full Court of Australia and the High Court of Australia.
Lochlan was admitted to the Supreme Court of Queensland in November 2020. He holds a Bachelor of Laws from Bond University, a Graduate Diploma of Legal Practice from the College of Law and a Diploma of Commerce from Griffith College.
Lochlan maintains a network of commercial advisors outside of legal practice. He is an ambassador of the Brisbane Junior Chamber of Commerce, and regular attendee of other associations.
In his spare time, Lochlan enjoys getting off the beaten track. He has twice accepted the challenge of trekking the Everest region of the Himalayas, and recently travelled the remote Cape York region.
Whether you are “carrying on a business in Australia” is a fundamental yet sometimes overlooked question in determining a foreign entity’s obligations. The answer lies in proper consideration of the specific commercial and legislative context relative to the individual business.
Deploying a Calderbank offer correctly requires some mastery. While form and contents should be applied scientifically, timing a Calderbank offer to capture its full strategic value, is regarded by many legal practitioners to be an art.
Queensland tourism icon “The Big Pineapple” recently tasted sweet success in the Queensland Supreme Court with judgment setting aside a creditor’s statutory demand issued against it as part of an ongoing multi-million dollar dispute amongst investors.
Court proceedings are underway here in Australia between Epic Games Inc (Epic) and Apple Inc (Apple) are well worth watching. Epic, maker of popular ‘battle royale’ game Fortnite, alleges that the App Store user contract by which Apple makes Fortnite available for internet download contains terms and conditions that ‘misuse’ Apple’s market power.
The Australian Competition and Consumer Commission (ACCC) has secured an important settlement in its action against Tasmanian Ports Corporation (TasPorts) in the Federal Court. In the first case since an ‘effects test’ was added to the ‘purpose test’ as a basis for establishing ‘misuse of market power’, TasPorts admitted that it had engaged in conduct.
In late 2019, Qube Ports Pty Ltd (Qube) and the Australian Competition and Consumer Commission (ACCC) each commenced proceedings against major Australian ports alleging misuse of market power pursuant to section 46 of the Competition and Consumer Act (CCA) 2010 (Cth).
Every law student will inevitably reach the end of their studies and face the same challenges that come with securing a graduate role. You have the degree, now you need the job to kick-start your law career and navigate the new world that is legal practice.