Our expertise is in disputes, risk and problems. We know what to do and do it well.

Disputes + Litigation

We are experienced commercial litigators at our core. We represent and advise businesses, organisations, families, trusts, shareholders and individuals in all Court and Tribunal jurisdictions in SA and NSW, with a focus on complex corporate shareholder disputes and commercial and contractual disputes. We assist in-house legal counsel with disputes, often acting as an extension of their legal and commercial teams.

Our approach to disputes is strategic and effective.  We get to the heart of disputes quickly, by identifying client rights and liabilities, objectives and potential resolutions.  We then work with clients (and opponents), exhausting options to resolve or litigate.  If litigation is unavoidable, we expertly navigate Court proceedings, using the most appropriate Court processes, often engaging experienced Barristers and experts.  We have successfully litigated for some of the biggest commercial and sports names in Australia, with a proven track record of successful outcomes.  We also act as agent in Adelaide for various Sydney law firms.

  • Business and Corporations
    Class Actions
    Competition and Consumer Law
    Construction and Building
    Contracts
    Debt Recovery
    Defamation
    Employment
    Insolvency
    Intellectual Property
    Professional Negligence
    Negligence
    Shareholder Disputes
    Trusts

  • Senior Executive in corporate restraint and search order dispute (Federal Court (Vic) 2024)

    National franchisee in shareholder dispute (Supreme Court SA 2024)

    French wine company in liquidation claim (SA 2024)

    Family unitholders in corporations and trust litigation (Supreme Court of SA, 2022 – 2024)

    Southern hemisphere’s largest wine grower cooperative in dispute against Australia’s largest wine company (resolved pre-action 2023)

    Family and business owners in professional negligence disputes with national insurers (for legal and accounting services) (resolved pre-action 2023)

    Engineering company in negligence and contractual indemnity litigation (Supreme Court of NSW, 2022 – 2023)

    Business owner and shareholder in shareholder oppression litigation (Supreme Court of SA, 2021 – 2023)

    Property developers and unitholders in trust litigation (District Court of NSW, 2022 – 2023)

    Property developer in joint venture and property litigation (District Court of NSW, 2022 – 2023)

    Business owners and majority shareholders (two) in shareholder dispute/winding up applications (Supreme Court of SA, 2020 - 2022)

    Singapore based event management company in contractual dispute (NSW, 2022)

    NSW pub owner in shareholder and unitholder dispute (NSW, 2021)

    Business owners in contract and commercial restraint proceedings (District Court of SA, 2019 - 2021)

    National insurer in home building indemnity proceedings (District Court, SA of 2018 - 2019)

    National fashion retailer in building defects dispute (Supreme Court of SA, 2017)

    Director and shareholder in company shareholder oppression dispute (Supreme Court of SA, 2017)

    National furniture retailer in commercial leasing dispute (District Court of SA, 2017)

    Director of listed energy company in $60m shareholder class action (regarding alleged breaches of disclosure provisions in Corporations Act and director’s duties) (Federal Court of Australia, NSW, 2016);

    Listed company in $6m misleading and deceptive conduct claim arising from business acquisition (Supreme Court of NSW, 2016);

    National political party on constitutional implied freedom of political communication (regarding election signs and council by-laws), advising on process for endorsement of Senate ticket for Federal election and advising on issues concerning NSW Electoral Commission and funding and general branch disputes (Various, Supreme Court of NSW, 2012 - 2016);

    International energy drink company in urgent injunctive proceedings concerning competing sponsorship of a V8 Supercar driver (Supreme Court of NSW, 2015);

    Listed telco company in District Court proceedings regarding supply and logistics (District Court of NSW, 2014)

    Listed mining company in High Court proceedings concerning the interpretation of a litigation funding agreement as a financial service (High Court of Australia, 2012)

Governance + Risk

With a background in complex commercial litigation, we have an inherent understanding of governance, rules, regulations, procedure and risk. We advise Government, companies, sports and associations, boards and individuals on governance matters including constitutions and policies, corporate governance, membership and director and entity liability. We also advise on critical incidents, sensitive matters and internal disputes, including board and employee disputes and investigations. Our experience as a company director and Chair means that we understand governance from a legal, company and personal perspective.

  • Board Investigations
    Corporate Governance Constitution/Policy Advice
    Critical Incidents
    Director and Organisation Liability
    Employee Matters
    Industry Regulation/Compliance
    Member Protection/Welfare
    Reputational Risk
    Structural Advice

  • SA state sporting body regarding constitutional review and amendment (2023 - 2024)

    National real estate agency in employee dispute (2023)

    Executives in state industry body governance and restructuring disputes (2022)

    Business (dentistry) in employee investigation, dispute and conciliation (2022)

    Employee in bullying and harassment claim (2021)

    Business (builder/project manager) in employee dispute (SA Employment Tribunal, 2021)

    SANFL League club regarding constitutional review and amendment (SA, 2019 - 2020)

    SA state sporting body regarding constitutional analysis and commercial changes
    (SA, 2018)

    Government of SA regarding reviewing and amending sporting constitution templates
    (SA, 2018)

Inquests + Inquiries

We represent and advise individuals and organisations in inquests, inquiries and commissions, ranging from coronial inquests, state and national Royal Commissions, ICAC inquiries to sport and employee tribunals.

In these matters, we delicately manage and safeguard client participation at all stages, including interviews, production of documents and hearings. We use experienced Barristers in hearing as necessary. We are proactive and cooperative with Commissions and regulators, ensuring clients assist (as necessary) and maintain their reputations. We have a track record of securing positive findings and favourable outcomes. Following the close of inquests or commissions, we have the governance knowledge and experience to implement better practices and ensure any latent or subsequent risks are removed or minimised.

  • Coronial Inquests
    ICAC Investigations
    Local Government Investigations
    Political Party Investigations
    Medical (AHPRA) Investigations
    Royal Commission Investigations/Hearings
    Sports Tribunals
    Workplace Investigations/Hearings

  • Various Board and Director investigations (2023)

    NSW disability care provider re preparation for Royal Commission (disability) (NSW, 2019-2022)

    Various employee misconduct matters (SA, 2019-2023)

    Individual in state sports investigation and judiciary hearing (2021)

    SANFL in various on field and off field misconduct investigations and hearings (regarding various salary cap, “19th man hearing”, Casey McElroy hearing) (SA, 2018 – 2020)

    Large employer in an employee misconduct investigation (NSW, 2018-2019)

    Australian cricketer in South African ‘ball-tampering’ investigation (NSW, 2018)

    Party in misconduct investigation for a not-for-profit (SA, 2017-2018)

    NSW disability care provider in the Royal Commission into Institutional Responses to Child Sexual Abuse (NSW, 2016)

    Australian Cricketers’ Association in the coronial inquest into the death of Phillip Hughes (NSW, 2016)

    Key witness in an investigation into NSW Rural Fire Service (ICAC, Operation Vika, NSW, 2015)

    State sports organisation in internal investigation (NSW, 2015)

    Liberal Party of Australia (NSW Division) and various individual witnesses in investigation regarding political funding and prohibited donors (ICAC, Operation Spicer, NSW, 2014)

    Australian rugby player (Wallaby) in a Rugby Australia code of conduct tribunal (NSW, 2014)


’The expertise, dedication, and attention to detail provided by Johnston Legal + Advisory has consistently exceeded my expectations over many years. With their strategic guidance and unwavering support, my legal matters have been resolved efficiently and favourably. I wholeheartedly recommend Tom for anyone seeking exceptional legal representation.’

–
Nikalene Riddle,
Owner, Skinnymixers