Rocco Russo

Notable representative matters

• Securing record defamation judgment for former Queensland government minister after a high-profile trial.
• Representing 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.
• Representing a foreign government and minister in proceedings concerning political immunity issues in the Supreme and High Courts.
• Acting for and representing 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.
• Representing an administrator in litigation over a $100m contract dispute securing favourable judgments in numerous trials and appeal proceedings.
• Representing the owners of Makepeace Island in long-running building and construction litigation in the Supreme Court of Queensland over payment claims and defects.
• Representing an international construction and machinery manufacturing concern in Supreme Court litigation involving novel PPSA issues (NSW and Queensland) involving high-value mining equipment.

Business-critical disputes and complex commercial litigation

• Acted in many high-value, complex commercial litigation cases in superior courts across Australia, including matters with substantial financial, strategic and reputational consequences.
• Represented an administrator in litigation over a $100m+ contract dispute securing favourable judgments in numerous trials and appeal proceedings.
• Acted for an international medical technology company in litigation involving multi-million-dollar claims against former officers and employees of an Australian subsidiary, securing judgment for the full amount of the claims.
• Acted in superior court and appellate court litigation for a foreign government and ministers involving questions of political immunity.
• Class action litigation including strategic confidential advice to boards and major organisations.
• Professional liability claims and defences, including numerous litigated matters involving claims of $50m+.
• Acted for a national NDIS provider in a complex high-value claim against a rival business over allegations of misappropriated confidential information and intellectual property.
• Advised a large Australian financial institution on multi-million-dollar employee fraud, resulting in the full recovery of assets remaining in the possession of the employee without litigation.
• Acted in high-value ($50m+) product liability claims for major Australian manufacturers involving complex technical and legal issues.
• Acted for a professional advisor in defending and successfully resolving an $80m+ negligence case arising from the alleged loss of valuable mining interests.
• 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).

Royal Commissions, Commissions of Inquiry and regulatory investigations

• Acting for and representing clients in Royal Commissions and Commissions of Inquiry (e.g. Commission of Inquiry into New Generation Rollingstock Trains (2018); Queensland Rail Train Crewing Practices Commission of Inquiry (2016–2017); Queensland Floods Commission of Inquiry (2011); Royal Commission into the Building and Construction Industry (2001–2003)).
• Acted in regulatory and public law investigations and litigation involving major federal and state regulators, including ASIC, ACCC, CCC, QBCC, NDIA, ACS and ASQA.
• Acted for one of Australia’s largest organisations in response to notices issued by ACCC’s Northern Australia Insurance Inquiry.
• Acted for a major Queensland hospital in a high-stakes tribunal trial against the Commonwealth of Australia, involving complex and novel legal issues.
• Strategic confidential advice to corporations, boards, senior executives and prominent individuals on potential involvement and implications of numerous national Royal Commissions and Commissions of Inquiry over the last decade.

Shareholder and boardroom disputes and litigation

• Acted in disputes involving corporate control, shareholder rights and governance for ASX-listed companies, major private enterprises and founders, often where the future direction, ownership or value of the business was at stake.
• Acted for founding shareholders of a national merchandising business in a multi-million-dollar governance dispute, securing favourable exit terms without the need for litigation.
• Acted for the founding shareholders of a major Queensland electricity retailer in litigation over ownership interests.
• Representing founding shareholder of ASX-listed company in high-profile Supreme Court litigation and lengthy trial involving $40m+ shareholding interests and claims against major financial institutions.
• Acted for high-profile venture capital group in NSW Supreme Court litigation defending litigation brought by a group of investors alleging oppression and misleading conduct.
• Acted for national mining and engineering consulting group in ‘bet the company’ style litigation before NSW Supreme Court involving claims of oppression.
• Acted in litigation involving corporate schemes of arrangement and related strategic transactions for publicly listed companies.

Building and construction disputes and litigation

• Acted and advised in many multi-million-dollar building and construction disputes involving major projects (e.g. Cross River Rail, Mandalong Mine, Woodlawn Zinc Copper Project, 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).
• Represented the owners of Makepeace Island in long-running building and construction litigation in the Supreme Court of Queensland over payment claims and defects.
• Advised an international industrial equipment company in a multi-million-dollar construction dispute with counterparties concerning a project at a major Australian port.
• Acted in numerous complex high-value Supreme Court cases over payment claims and defects.
• Acted for contractors and principals in security of payment claims and responses, achieving successful multi‑million-dollar adjudication outcomes.
• Acted in Supreme Court litigation challenging adjudicator determinations.
• Acted for contractors and principals in arbitration proceedings.
• Acted for organisations and officeholders in regulatory proceedings involving the QBCC, including winning a lengthy trial in QCAT to overturn QBCC regulatory decisions.

Defamation and reputation management

• Conducted high-profile defamation cases, including landmark proceedings resulting in (at the time) record damages awards and establishing noteworthy legal principles (e.g. Flegg v Hallett [2015] QSC 315; Flegg v Hallet [2015] QSC 167; Flegg v Hallet [2014] QSC 278).
• Acted in claims for breach of confidentiality or privacy, and other cases associated with risk to reputation or confidential information.
• Advised and conducted matters involving corporate crisis situations involving fraud, natural disasters, major property damage, breach of fiduciary duty and recovery of substantial assets.

Insolvency and restructuring

• Acted for and advised commercial clients and directors of corporate clients on insolvency issues and claims including enforcement issues, external administration processes, restructuring, and director liability issues.
• Represented an international construction and machinery manufacturing concern in Supreme Court litigation involving novel PPSA issues (NSW and Queensland) involving high-value mining equipment.
• Advised one of Queensland’s largest insurers on insolvency issues arising from the collapse of one of its largest contractors.
• Successfully represented insolvency practitioners in complex insolvency litigation matters, including cases involving noteworthy points of law (e.g. Trenfield & Ors v HAG Import Corporation (Australia) Pty Ltd (No.2) [2018] QDC 129).
• Represented liquidators and corporate clients in the conduct of, or defence of, preference claims.

Intellectual property litigation

• Acted in a wide range of intellectual property disputes including matters involving copyright, trademarks, patents and confidential information. Provided strategic advice and representation in proceedings before Australian courts and tribunals, achieving favourable outcomes in complex and high-value matters across diverse industries.
• 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 the 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.

Property and leasing disputes and litigation

• Acted in property and leasing disputes, including litigation involving high-value property transactions, leasing litigation, contract disputes and interpretation for some of Australia’s largest shopping centre owners, property investment syndicates and private property groups.
• Successfully represented a property owner in litigation over contractual rights with a developer of a $2 billion property development securing favourable judgments in numerous trials and appeal proceedings.
• Successfully represented one of the world’s largest restaurant chains in lease interpretation proceedings in relation to one of its prominent Queensland locations.
• Advised the landlord of a CBD high-rise on litigation issues and claims arising from a major property damage incident affecting numerous tenancies.
• Successfully acted for one of Australia’s largest private companies in Supreme Court trial involving complex lease interpretation issues concerning a property site.
• Confidentially advised a global property company on strategic dispute issues relating to a major property development in Brisbane.
• Represented Queensland-based property developer in a multi-million-dollar negligence case arising from a failed property development in Rockhampton.

Tax and revenue litigation

• Acted for corporate clients and prominent individuals in Supreme Court, Federal Court and tribunal cases involving the Commissioner of Taxation involving complex tax appeals and issues.
• Represented a corporate client in Supreme Court litigation involving administrative law and constitutional law issues against the Commissioner of State Revenue.
• Successfully acted in land tax case against the Valuer-General for the State of Queensland (WB Rural Pty Limited v Valuer-General for the State of Queensland [2017] QSC 192)

Trust, Wills & Estates litigation

• Acted in complex disputes involving trusts, wills and estates, including matters with significant financial interests. Provided representation in contested estate proceedings, family provision claims, breach of trust actions, and disputes regarding testamentary capacity and validity.
• Successfully represented a group of property investors in Supreme Court proceedings involving a prominent Brisbane property district and trust law claims, resulting in our clients avoiding joinder to the substantive proceedings.
• Successfully represented the executor in defending long-running Supreme Court proceedings at trial involving trust law claims concerning substantial Brisbane property interests.
• Successfully represented an executor to resolve a claim against estate’s interests in a $26m Queensland farming operation.