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Clifford Chance

Clifford Chance
Scott Castledine

Scott Castledine

Counsel

Counsel
Scott Castledine

Scott Castledine is a senior disputes lawyer with over 15 years' of domestic and international experience in complex commercial litigation and arbitration, contentious insolvency work and regulatory investigations (both civil and criminal) and enforcement proceedings. He trained and practised in London at another magic circle firm for several years before moving to Australia.

Throughout his career, Scott has assisted numerous leading multinational corporates, investment and retail banks and other financial institutions, sovereign wealth funds, professional services firms and solvency practitioners, insurers and company directors and officers, often in relation to high-value, corporate-threatening or reputational disputes. He has also spent a year on secondment to British Airways.

He is admitted in the High Court of Australia, Supreme Court of New South Wales and as a Solicitor-Advocate in the Senior Courts of England & Wales. He is a member of the Commercial Law Association of Australia and TMA Australia.

  • Arrium Proceedings: defending Herbert Smith Freehills in multiple proceedings (NSW Supreme Court) brought by liquidators and numerous major banks arising out of the collapse of mining group, Arrium, one of the largest administrations in Australian corporate history
  • Dick Smith Proceedings: defending Deloitte in multiple class actions and other proceedings (NSW Supreme Court) arising out of the collapse of electronics retailer, Dick Smith, resulting in a successful discontinuance against Deloitte (DSHE Holdings (Receivers & Managers Appointed)(In Liquidation) v Nicholas Abboud (No 3); National Australia Bank Limited v Nicholas Abboud (No 4) [2021] NSWSC 673)
  • "Bank Fees Litigation": acting for Nationwide Building Society in its, and other UK retail banks', successful defence of GBP 9 billion proceedings (English High Court) concerning the legality of certain bank fees culminating in a landmark victory in the House of Lords (Office of Fair Trading v Abbey National Plc & Ors [2009] UKSC 6), the subject of which was subsequently litigated in Australia (Andrews v ANZ Group Ltd [2012] HCA 30)
  • Hastie Group Proceedings: acting for a former director in his defence of liquidator proceedings (NSW Supreme Court) for breach of directors' duties arising out of the collapse of the Hastie Group, resulting in a successful discontinuance (Hastie Group Ltd (in liq) v Bourne; Hastie Group (in liq) v Moore [2017] NSWSC 709)
  • Major Australian bank: acting for certain bank board directors in their successful response to a high-profile ASIC investigation arising out of AML/CTF breaches and $700m settlement with AUSTRAC
  • A global investment bank and, separately, a leading FX trader in their successful response to ACCC and ASIC investigations (in parallel to regulatory investigations in US, UK and Singapore) into alleged cartels between banks trading in global FX markets
  • QBE in its defence of a securities class action (Federal Court of Australia) arising out of $1 billion profit downgrade and "common fund" application (Money Max Int Pty Ltd v QBE Insurance Group Ltd [2016] FCAFC 148) and, separately, in its defence of $100 million property damage and business interruption proceedings (Queensland Supreme Court) arising out of a fire in the world's largest zinc mine in Mount Isa
  • Leighton Holdings (now CIMIC) in its defence and $70 million settlement of a securities class action (Federal Court of Australia) arising out of a $1 billion profit downgrade in connection with AirportLink in Brisbane, a Desalination Project in Victoria and investments in the Middle East
  • Deloitte in public examinations following the administration of Colton Coal and Northern Energy, subsidiaries of New Hope Corporation Limited, arising out of the termination of a coal project involving Wiggins Island coal export terminal facility
  • A Big Four accountancy firm in ATO, AFP and Australian Crime Commission investigations in respect of alleged offshore tax evasion by a former client arising out of Project Wickenby
  • Pinsent Masons in its successful defence of injunction proceedings (NSW Supreme Court) brought by Spanish contractor, Tecnicas Reunidas, to restrain it from acting for Downer against Tecnicas Reunidas in an international arbitration for, among other grounds, breach of fiduciary duty of loyalty (Tecnicas Reunidas SA v Andrew [2018] NSWCA 192)
  • JP Morgan in its defence and settlement of a professional negligence claim (English High Court) for alleged mismanagement of a share portfolio for a high net worth client
  • Malaysian Airlines in relation to claims arising out of the catastrophic losses of MH17 and MH370 (NSW Supreme Court)
  • Tower Insurance in relation to NZD multi-million complex proceedings in New Zealand against the NZ Earthquake Commission in connection with multiple earthquakes in 2010/2011 in Christchurch
  • Bupa HI Pty Ltd v Chang [2019] FCAFC 180: acting for leading ophthalmologist in his successful defence of proceedings commenced by Bupa in the Federal Court of Australia for misleading or deceptive conduct and mistaken payment in relation to Medicare claims
  • British Airways in its defence of GBP 1 billion proceedings in the English High Court brought by 500+ freight shippers in relation to alleged cartels in the global air cargo market including BA suing over 20 carriers around the globe for contribution (Emerald Supplies Ltd & Ors v British Airways Plc [2015] EWCA 1024) and assisting BA at an unannounced "dawn raid" by the European Commission in relation to the alleged cartel
  • British Airways in relation to a criminal prosecution of former BA executives for alleged price-fixing of passenger fuel surcharges with Virgin Atlantic, the UK's first criminal prosecution by the Office of Fair Trading (OFT), the trial of which collapsed very publicly, and advising BA in relation to its subsequent renegotiation of civil fines imposed by OFT
  • Porsche in its defence of proceedings brought in the London Commercial Court, in Germany and in the US by certain hedge funds arising out of its trading in VW shares including urgent jurisdiction challenges
  • Mercer in its defence and settlement of professional negligence test case proceedings in the Irish Courts by over 300 former pension portfolio clients in connection with the collapse of Waterford Crystal
  • Royal Mail Group (as interested party) in English judicial review proceedings brought by TNT against HM Revenue & Customs to challenge Royal Mail's exemption from Value Added Tax on various postal offices following a referral appeal to the European Court of Justice in Luxembourg
  • A FTSE 100 multinational pharmaceutical company in its defence and settlement of GBP 3 billion tax dispute in relation to its global transfer pricing policies
  • Cable & Wireless in judicial review proceedings in Jamaica brought against a former Prime Minister of Jamaica and a domestic competition regulator in connection with a merger clearance decision
  • A leading global plant construction and mechanical engineering group domiciled in Germany in its defence of a EUR 100 million SIAC arbitration brought by an Indian counterpart for breach of contract
  • A US-based global leader in aircraft leasing in respect of an LCIA arbitration commenced against a Chinese cargo operator for delivery up and USD 150 million in contractual damages for ongoing breaches of a 747 freighter lease

News and client work

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