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Team Members

Rocco Russo

Partner
Rocco leads Cooper Grace Ward’s litigation and dispute resolution group, with more than 25 years’ experience in dispute resolution.

Rocco Russo is an internationally recognised dispute resolution lawyer with expertise in court and tribunal matters, advocacy, negotiation, and alternative dispute resolution.

He works across Australia to resolve disputes in the corporate and commercial, construction, property, insolvency, defamation and intellectual property fields, as well as representing clients in corporate investigations and commissions of inquiry. He has specific experience in complex, high value, business critical disputes, and has led large multi-disciplinary project teams in significant and high profile cases.

Rocco is one of only three Brisbane-based dispute resolution lawyers to be currently ranked as a leading practitioner in dispute resolution in Australia in the current editions of prestigious international legal directories Chambers Asia-Pacific and Chambers Global, holding this ranking for 11 consecutive years.  He has also been ranked in the Doyle’s Guide Queensland lists for commercial litigation and dispute resolution (2017-2023) and for insolvency and restructuring (2017-2021). He is currently recognised for dispute resolution in Australia by international legal directory the Legal 500 Asia Pacific 2024, and currently listed in Best Lawyers Australia 2024 in the categories of alternative dispute resolution and insolvency law. He is also recognised in Who’s Who Legal.

Rocco has an established track record of securing successful outcomes for clients in court as well as through mediation or out of court negotiation. He is frequently called upon by a range of clients that include business owners, prominent individuals, boards, CEOs and senior management to assist with strategy on business disputes and risk issues.

Rocco’s breadth of commercial experience in significant cases across a variety of areas and industries means he has unique skills and insights that allow him to deliver client-focused results. He is well known for his ability to bring clear, strategic and practical thinking to dispute situations.

  • Bachelor of Laws (Honours) – University of Queensland
  • Bachelor of Commerce – University of Queensland
  • Solicitor – Supreme Court of Queensland
  • Solicitor – High Court of Australia
  • Member – Queensland Law Society Court Practice and Procedure Committee (2007 – 2017)
  • Member – Building Dispute Practitioners’ Society Inc. (Queensland)
  • Ranked as Leading Individual for Dispute Resolution (Australia) – Chambers Asia-Pacific (2014 – 2024)
  • Ranked as Leading Individual for Dispute Resolution (Australia) – Chambers Global (2014 – 2024)
  • Recognised for Dispute Resolution (Australia) – The Legal 500 Asia Pacific (2012, 2019-2024)
  • Recommended for Commercial Litigation & Dispute Resolution (Queensland) – Doyle’s Guide (2017 – 2023)
  • Recommended for Insolvency & Restructuring (Queensland) – Doyle’s Guide (2017 – 2021)
  • Recognised for Professional Negligence Litigation – Who’s Who Legal (2022, 2023)
  • Listed for Alternative Dispute Resolution – Best Lawyers Australia (2021 – 2024)
  • Listed for Insolvency and Reorganisation Law – Best Lawyers Australia (2021 – 2024)

Notable representative matters

  • Secured record defamation judgment for former Queensland government minister after a high profile trial.
  • Represented one of Queensland’s largest insurers and largest club on the legal matters arising from the Queensland floods disaster, including advice and representation regarding insurance claims, policy interpretation, disaster response and regulatory issues.
  • Represented a foreign government and minister in proceedings concerning political immunity issues in the Supreme and High Courts.
  • Acted for and represented clients in a number of commissions of inquiry including the Royal Commission into the Building and Construction Industry, Queensland Floods Commission of Inquiry, the Queensland Rail Train Crewing Practices Commission of Inquiry and the Commission of Inquiry into New Generation Rollingstock Trains.
  • Represented founding shareholder in high-profile Supreme Court litigation and lengthy trial involving claims in excess of $40 million against major financial institutions.
  • Represented the owners of Makepeace Island in long-running building and construction litigation in the Supreme Court of Queensland over payment claims and defects.
  • Represented an international construction and machinery manufacturing concern in Supreme Court litigation involving novel PPSA issues (NSW and Queensland) to successfully recover a multi-million drilling rig.
  • Acted in numerous shareholder/stakeholder disputes cases for significant businesses securing favourable resolution terms without litigation.

Commercial litigation

  • Acted in many commercial litigation matters including contract disputes; disputes between business partners; negligence cases; distributor disputes; and product liability, professional liability, misleading conduct and misrepresentation cases.
  • Acted for founding shareholders of national merchandising business in a multi-million dollar governance dispute securing favorable exit terms without the need for litigation.
  • Advised large Australian financial institution on multi-million dollar employee fraud, resulting in full recovery of assets remaining in the possession of the employee without litigation.
  • Represented founding shareholders of major Queensland electricity retailer in litigation over ownership interests.
  • Represented executor to successfully resolve a claim against the estate’s interests in a $26 million Queensland farming operation.
  • Represented private company in a $10 million excise duty investigation by the Australian Customs Service and Australian Federal Police, resulting in no prosecution.

Regulatory matters

  • Acted to advise and represent corporate clients, directors, officeholders and private individuals in many regulatory matters and investigations involving federal and state investigating bodies and regulators across a wide range of industries.
  • Acted for corporate organisations to provide representation and make submissions in response to ASIC regulatory notices, successfully resolving many matters without prosecutorial proceedings.
  • Acted for one of Australia’s largest organisations in response to notices issued ACCC’s Northern Australia Insurance Inquiry instigated in 2017 to produce documents that involved a review of millions of documents.
  • Acted for a number of RTO (Registered Training Organisations) to successfully resolve regulatory proceedings brought by ASQA.
  • Acted for organisations to provide representation and submissions in relation to regulatory proceedings instigated by the FOS (Financial Ombudsman Service), including responding to systemic breach notices, successfully resolving those investigations without any prosecutorial action.
  • Acted for organisations and officeholders in regulatory proceedings involving the QBCC, including winning a lengthy trial in QCAT to overturn QBCC regulatory decisions.
  • Acted for a corporate client to successfully resolve without penalty a customs and excise investigation undertaken by Australian Customs Service (ACS) and Australian Federal Police (AFP).
  • Acted in numerous Commissions of Inquiry including Royal Commission matters (see notes above).

Building and construction disputes

  • Acted in many building and construction disputes on major projects (e.g. Kestrel Mine Extension Project, Hay Point Coal Terminal, Gateway Bridge Duplication Project, Mt Crosby Water Treatment Plant, Goodwill Bridge, and Western Corridor Recycled Water Project).
  • Acted for contractors and principals in security of payment claims and responses, including litigation defending and challenging adjudicator determinations.
  • Represented regional construction group in proceedings against QBCC on regulatory issues.

Insolvency and debt recovery

  • Acted for and advised commercial clients on insolvency issues and claims including enforcement issues, external administration processes, restructuring, and director liability issues.
  • Represented liquidators in the conduct of preference claims.
  • Handled the Queensland debt recovery portfolio involving high volume debt recovery and insolvency proceedings for a wholly owned subsidiary of one of Australia’s largest companies.
  • Advised one of Queensland largest insurers on insolvency issues arising from the collapse of one of its largest contractors.

Property and leasing disputes and litigation

  • Acted for and advised clients on disputes and litigation involving property transactions, lease defaults, contract disputes and termination, and contract interpretation matters.
  • Advised a landlord of CBD high-rise on litigation issues and claims arising from major property damage incident affecting numerous tenancies.
  • Represented numerous shopping centre owners in lease default actions, possession proceedings and related litigation.
  • Represented one of the world’s largest restaurant chains in lease interpretation proceedings in relation to one of its prominent Queensland locations.
  • Represented Queensland based property developer in multi-million dollar negligence case arising from failed property development in Rockhampton.

Defamation

  • Secured record defamation judgment for former Queensland government minister after a high profile trial.
  • Acted in defamation litigation, claims for breach of confidentiality or privacy, and other cases associated with risk to reputation or confidential information.

Intellectual property litigation

  • Represented one of Australia’s largest organisations to defend Federal Court patent infringement proceedings arising from its release of a mobile app and website.
  • Represented Australian subsidiary of an international carpet manufacturer to successfully defend Federal Court proceedings involving allegations of copyright and design infringement and misleading and deceptive conduct.

Areas of Expertise

Publications

Defamation perspectives: separate 'serious harm' hearings and the Federal Court

Defamation actions include a ‘serious harm’ threshold that often enables respondents to more readily dispose of complaints that do not result in significant damage to the claimant’s reputation. The recent decision in Peros v Blackburn highlights one pitfall for parties defending defamation actions in seeking separate ‘serious harm’ hearings in the Federal Court, and raises whether the Federal Court Rules require amendment to better align with the defamation legislation of the states and territories.

Digital age pitfalls with BIF Act claims

The digital age has certainly enhanced our ability to convey information, something that is very important in the building and construction industry. However, technology can also create pitfalls, particularly when it comes to claims under the Building Industry Fairness (Security of Payment) Act 2017 (Qld), where compliance with technicalities is critical. The case of Iris Broadbeach Pty Ltd v Descon Group Australia Pty Ltd gives a recent illustration.

Business sales and Australian Consumer Law disputes – when will a court grant relief?

Business sales are often fertile ground for allegations of contraventions of the Australian Consumer Law, but it will take more than a misleading statement for a court to grant relief. A recent Queensland Court of Appeal case demonstrates a common scenario.

What others say

Rocco Russo is a highly experienced litigator who is extremely responsive, exceptionally knowledgeable, and has a knack for providing succinct, strategic advice no matter how complex the problem or how pressured the timescale. He deals with the most challenging of cases with good humour and real skill.

Legal 500 Asia Pacific, 2021

Rocco Russo is disputes practice head at Cooper Grace Ward and wins praise for a multitude of qualities, including a ‘practical and sensible’ outlook, a ‘terrific rapport with clients’ and an ability to ‘concentrate on the bigger picture and keep the end game in sight’.

Chambers Global, 2018

Rocco Russo of Cooper Grace Ward commands respect among clients and colleagues, who stress, among other factors, his meticulous preparation, ‘pragmatic and commercial approach’ and ‘very strong track record of providing great advice which really stands up’.

Chambers Asia Pacific, 2017

Brisbane-based Rocco Russo heads Cooper Grace Ward’s dispute resolution group and is notably active in the construction, IP, mining and property spaces, amongst others. Sources speak highly of his ‘very strong technical expertise and customer service skills’, and his ‘terrific ability to explain the legal facts of a case in plain English’.

Chambers Asia Pacific, 2015

An excellent client communicator, a hard fighter with a fearsome reputation as an opponent, but also a thoroughly commercial deal-maker.

Chambers Global, 2022

A very smart lawyer who knows his stuff and does terrific work.

Chambers Asia Pacific, 2021

Rocco is a genuine leader of the profession. He has built a high performing team, with very high service standards operating at the highest technical levels.

Chambers Global, 2024