Practice Areas

Nigel Wilson has practised in all areas of commercial and civil practice and litigation since his admission in 1993.  Since joining the Independent Bar in 1995, he has expertise in the following areas:

  • Commercial, Tort and Insurance Law

  • Competition and Trade Practices Law

  • Corporations and Securities Law

  • Administrative and Constitutional Law

  • Equity

  • Technology and Intellectual Property Law

  • Alternative Dispute Resolution

  • Sports Law

  • Indigenous Rights

 
 
 
 
vendors_01.jpg

Commercial, Tort and Insurance Law

Insurance Law

Counsel in relation to numerous insurance claims for both insurers (including statutory insurers) and insureds.  These insurance claims have related to the full range of Australian and international insurance policies and risk, including pursuant to contractual and statutory insurances for professional indemnity, directors’ and officers’, industrial special risk, marine, life, disability, motor vehicle, business interruption and public liability cover.  These claims have involved complex issues of contractual construction, indemnity, contribution, statutory recovery, double insurance, vicarious liability and loss assessment. 

  • G & T Karageorgis Ltd v AAMI Ltd (Magistrates Court of SA Action No 1086 of 2000)

  • Longships Pty Ltd v Australian Aviation Underwriting Corp Pty Ltd (Magistrates Court of South Australia Action No 9101 of 2002)

  • City of Onkaparinga v Hassell Pty Ltd & Anor (Supreme Court of SA Action No 663 of 2003) (Junior Counsel)

  • Netherlands Australia Aged Services Association v EIG-Ansvar Ltd (District Court of SA Action No 450 of 2006)

  • Zurich Australian Insurance Ltd v QBE International Insurance Ltd (Supreme Court of SA Action No 312 of 2006)

  • AAL Aviation Ltd & Anor ats Workcover Corporation of SA (Workers Compensation Tribunal of SA Action No 3357 of 2006)

  • Caperna v Tyndall Life (District Court of South Australia Action No 0550 of 2007) (Junior Counsel)

  • Pepper Finance Corporation Limited v CGU Insurance Ltd (District Court of South Australia Action No 1339 of 2007)

  • Briefed to act for national and international insurers in numerous matters:

    • Liberty International Underwriters

    • Lumley General Insurance Limited

    • QBE Insurance Group Limited

    • Zurich Australia Insurance Limited

    • Law Claims (Lawguard Management Pty Ltd)

      • Responsibility for the preparation from 2005-2011 of the Annual Review of Australian case law and legislation in relation to professional liability and underwriting risk for the purposes of the South Australian legal practitioners’ compulsory professional indemnity policy with the international underwriters, Lloyd’s.

      • Responsibility since 2009 on behalf of Law Claims, and by invitation, for the delivery to South Australian legal practices of risk management and training programmes in relation to corporate law, contracts, insurance, cybersecurity, technology and digital evidence issues.

Complex tort and contract claims

Counsel in relation to complex tort and contract claims involving governments and public authorities, including:

  • Asciano Services Pty Ltd ats Comcare (Federal Court of Australia (SA Registry) Action No SAD 25 of 2009) defence of claim regarding compliance with Commonwealth occupational health and safety regulations

  • claim against the State of South Australia in the Supreme Court of South Australia and in the High Court of Australia for negligence by a tetraplegic plaintiff arising from a windsurfing injury sustained at an aquatic camp

    • Flavel v South Australia (High Court of Australia Action No A1 of 2009) (Junior Counsel)

  • claim against the State of South Australia by an indigenous plaintiff for illegal removal and negligence by State of South Australia

    • Trevorrow v The State of South Australia (Supreme Court of South Australia Action No 741 of 1998) – “Stolen Generation” case (Junior Counsel)

  • claim in the Supreme Court against the State of South Australia in relation to a major development site and tender process

    • Beverley Foundry Pty Ltd & Anor v State of South Australia (Supreme Court of South Australia Action No 161 of 2000) (Junior Counsel)

  • claim in the Federal Court against a State Government and statutory authority in relation to a major development project

    • JL Holdings v State of Queensland & Anor (Federal Court of Australia (Queensland Registry) Action No SG 1 of 1994) (Junior Counsel)

  • appeal against a multi-million dollar judgement against a showground involving duties of showground operator and exclusion clauses

    • Royal Agricultural and Horticultural Society ats Glenmont Investments Pty Ltd (Supreme Court of South Australia Action No 2240 of 1991) (Junior Counsel) (“Mechanical Dinosaur case”)

 

Contract and property disputes

Counsel in relation to numerous contractual and property disputes involving commercial and residential property contracts, employment contracts, franchises, joint ventures, leases, distribution agreements, lending and guarantee contracts

  • Transdue Pty Ltd v Lawley Investments & Ors (District Court of South Australia Action No 1108 of 1998) – business methods dispute

  • EDS ats Ottoway (District Court of South Australia) - employment contract dispute

  • MMAL Rentals ats Bruning (New South Wales Supreme Court Action No.s 3142 and 4049 of 1998) (Junior Counsel) – national rental car company executive contract dispute

  • Triangulum Pty Ltd v Modbury Auto Wreckers Pty Ltd (Magistrates Court Action No HHCC1 – 1886 of 1999) - commercial lease dispute

  • KMCB Pty Ltd v Header Tech Pty Ltd & Anor (District Court of South Australia Action No 1191 of 2000)

  • Australian Southern Railroad Pty Ltd v Great Northern Railservices Pty Ltd (District Court of South Australia Action No 126 of 2001) - commercial lease dispute

  • A & R Harnas ats Elaura Enterprises Pty Ltd (District Court of SA Action No 197 of 2001) – lease and property development dispute

    • A & R Harnas ats Elaura Enterprises Pty Ltd [2002] SADC 178

  • North Terrace Properties Pty Ltd v Lawbitax Pty Ltd & Ors (District Court of SA Action No 1684 of 2001) - commercial lease dispute

  • Trust Company of Australia Ltd v Schmidt (Magistrates Court of South Australia Action No 9245 of 2000) - commercial lease dispute

  • Sunbank Holdings Pty Ltd & Anor v Diamandi (Magistrates Court of South Australia Action No 4554 of 2002) – commercial lease dispute

  • RF Saywell Inc v Airlines of South Australia Pty Ltd (Adelaide Magistrates Court Action No 13236 of 2002) – debt and faulty aviation part dispute

  • Harris Scarfe Pty Ltd ats Angaet Holdings (District Court of South Australia Action No 1220 of 2003) - commercial lease dispute

  • Hamilton Pharmaceutical Pty Ltd ats Australian Medic-Care Co Ltd (Federal Court of Australia (SA Registry) Action No SAD 17 of 2007) (Junior Counsel) – distribution agreement dispute

  • Australian Radiata Industries Pty Ltd ats LV Dohnt & Co Pty Ltd (Federal Court of Australia (SA Registry) Action No 206 of 2006) – haulage agreement dispute

  • Victor Harbor Property Investments Pty Ltd ats Target Australia Pty Ltd (Supreme Court of SA Action No 390 of 2008 – lease and property development dispute

  • Boon Rawd Trading International Co Ltd ats Samuel Smith and Sons Pty Ltd (Supreme Court of SA Action No 951 of 2009) – distribution agreement dispute

  • A& J Palms Pty Ltd v Gwynne and Anor (Magistrates Court of SA Action No 7856 of 2009) – contract dispute

  • Data Action Pty Ltd v Home Building SocietyLtd (Supreme Court of SA Action No 1321 of 2009) – information technology contract dispute

  • Victoria Square Shopping Centre Pty Ltd ats Liquorland (Australia) Pty Ltd (Supreme Court of South Australia Action No.1149 of 2013) – commercial lease dispute

  • Wesfarmers Kleenheat Gas Pty Ltd ats Ian Mart & Associates Pty Ltd (District Court of SA Action No 1745 of 2013) – distribution agreement dispute

  • Landlord and property owners – corporations, property trusts, syndicates and private clients

Negotiating and drafting of a diverse range of contracts of both a standard and highly-complex nature, including trading and supply contracts, property transactions, intellectual property agreements, information technology rights, employment agreements, franchise documentation, sponsorship agreements, settlements and deeds of release.

Insolvency and debt recovery

Insolvency, debt recovery claims and defences, including numerous actions on behalf of:

  • Administrators and liquidators, including:

    • Mypolonga Co-operative Society Ltd (in administration) v Eyears

    • Mypolonga Co-operative Society Ltd (in administration) v Evermede Pty Ltd

    • Mypolonga Co-operative Society Ltd (in administration) v DuBois

    • Mypolonga Co-operative Society Ltd (in administration) v 196 Greenhill Road Pty Ltd

    • Griffin Press Pty Ltd (in liquidation) v John Carr and Co Pty Ltd (District Court of SA Action No 1675 of 2000)

  • Corporations and partnerships

    • Direct Roses Pty Ltd v Trueleaf Pty Ltd (District Court of South Australia Action No 9051 of 2001)

    • Australian Ostrich Trading Pty Ltd v Tattersall and Anor (Magistrates Court Action No 10753 of 2000)

    • IAMA Agribusiness Pty Ltd v AnnatomPty Ltd (District Court of South Australia Action No 838 of 2000)

    • Cleland McFarlane Selth v N & S Thain (Magistrates Court Action No 11017 of 2000)

    • Scotmate Pty Ltd and Ors ats Elders Ltd (District Court of South Australia Action No 836 of 2001)

    • Allied ExpressPty Ltd ats Arem Pty Ltd (District Court of South Australia Action No 1 of 2003)

  • Banks and finance companies

  • Private clients

Media and Defamation

Counsel in relation to defamation proceedings and defences and media law matters, including:

  • publications in print and electronic media, including:

    • Scammell ats Edwards (District Court of South Australia Action No 1386 of 1995)

  • newspapers, magazines and digital media

  • Privacy Act principles

  • internet and email liability

Mining and resources disputes

Counsel for various Australian mining and resource companies in relation to mining tenements, including:

  • Alliance Craton Explorer Pty Ltd

  • AXG Mining Ltd

  • Kelaray Pty Ltd (100% subsidiary of Argonaut Resources NL)

Professional and Product Liability Law

Counsel in numerous professional and product liability law and personal injuries claims (including catastrophic, multi-million dollar claims), including:

  • claim by a rural co-operative (in administration) for the recovery of financial losses against mortgage broker, accountants and auditors, solicitor and directors and officers

    • The Mypolonga Co-operative Society Ltd (in administration) v DuBois & Ors (Supreme Court of South Australia Action No 713 of 1999) (Junior Counsel)

  • appeal regarding duties of surgeons Lucas ats Hillier & Carney (Supreme Court of South Australia (Full Court) Action No 694 of 1994 (Junior Counsel)

    • Lucas ats Hillier & Carney [2000] SASC 331

  • claim for losses suffered by a car manufacturer against a parts manufacturer Mitsubishi Motors Australia Ltd v PBR Automotive Pty Ltd (Federal Court of Australia (SA Registry) Action No S35 of 1999) (Junior Counsel)

  • Lease Auto Pty Ltd & Orsats Lavrick (Federal Court of Australia (SA Registry) Action No S12 of 1999) (Junior Counsel) – motor vehicle accident

  • Osborne v Kelly & Anor (High Court of Australia Action No M43 of 1999) (Junior Counsel) – personal injuries claim - taxation of costs

  • claim for losses suffered by orange juice producer against rural fruit packer and processor P and T Constas ats Dowdell and Knispel Fruit Juices Pty Ltd (Federal Court of Australia (SA Registry) Action No S20 of 1999) (Junior Counsel) (“Nippy’s Orange Juice Salmonella case”)

  • Top End Rural Supplies Pty Ltd ats Shrimp & Anor (Federal Court of Australia (SA Registry) Action No 55 of 2006) - product liability - defective seed (Junior Counsel)

  • Adams Pest Control Pty Ltd v Hay and Ors (District Court of SA Action Nos 1591, 1592 and 1593 of 2007) – pesticide treatment

 
vendors_04.jpg

Competition and Trade Practices Law

Counsel in numerous trade practices and competition law cases, including:

  • misleading and deceptive conduct cases

    • Feathers Hotel Pty Ltd and Anor v South Australian Brewing Company Pty Ltd (Supreme Court of SA Action No 1253 of 1997) (Junior Counsel)

    • Elex Pty Ltd ats Kone Elevators Pty Ltd (Federal Court of Australia (SA Registry) Action No NG 1242 of 1998)

    • Mitsubishi Motors Australia Ltd v Newmans of Kogarah Pty Ltd (Supreme Court of SA Action No 360 of 2000) (Junior Counsel)

    • Agribusiness Project Management Pty Ltd & Ors ats Rural Deals & Ors (Federal Court of Australia (SA Registry) Action No S12 of 2003) (Junior Counsel)

    • Integrity Estates Pty Ltd ats Rankin (District Court of South Australia Action No 308 of 2003)

  • unconscionable conduct claims by the ACCC pursuant to the Trade Practices Act regarding the supply of educational materials in remote indigenous communities in the Northern Territory and subsequent compensation orders:

    • ACCC v Keshow (Federal Court of Australia (NT Registry) Action No NT 19 of 2004)

      • ACCC v Keshow [2005] FCA 558 – contraventions (Junior Counsel)

      • ACCC v Keshow (No. 2) [2005] FCA 989 – compensation orders

  • enforcement action by the ACCC pursuant to the Trade Practices Act regarding price fixing in the demolition industry in government tender process and subsequent pecuniary penalties

    • ACCC v McMahon Services Pty Ltd (Federal Court of Australia (SA Registry) Action No S10 of 2003) (Junior Counsel)

      • ACCC v McMahon Services Pty Ltd [2004] FCA 1172 – Penalties regarding 3rd and 4th Respondents

      • ACCC v McMahon Services Pty Ltd [2004] FCA 1171 – Penalties regarding 5th, 6th and 7th Respondents

      • ACCC v McMahon Services Pty Ltd [2004] FCA 1425 – Penalties regarding 1st and 2nd Respondents

  • enforcement action by the ACCC pursuant to the Trade Practices Act regarding the timber industry and subsequent injunctions, undertakings and compliance programs

    • ACCC v Auspine Limited & Ors (Federal Court of Australia (SA Registry) Action No 179 of 2005) (Junior Counsel)

  • misuse of market power in the transport industry and breach of contract claim:

    • Charlick Trading Pty Ltd v Australian National Railways Commission and National Rail Corporation (Federal Court of Australia (SA Registry) Action No 78 of 1996

      • Charlick Trading Pty Ltd v Australian National Railways Commission & Anor [1997] FCA 674 – separate trials (Junior Counsel)

      • Charlick Trading Pty Ltd v Australian National Railways Commission & Anor [1999] FCA 452 – trial judgment (Junior Counsel)

      • Charlick Trading Pty Ltd v Australian National Railways Commission & Anor [2001] FCA 629 – gross sum taxation of costs

 

 
vendors_03.jpg

Corporations and Securities Law

Counsel in numerous corporations and securities law cases both for and against the Australian corporate regulator (ASIC) and involving multi-million dollar corporate matters, many in excess of $100 million.

  • shareholder agreement disputes, shareholder claims and corporate control disputes

    • Burney ats Meridian Oil Pty Ltd (Supreme Court of Western Australia Action No CIV 2108 of 1995) (Junior Counsel)

    • Bilby International & Ors ats Brenton (Federal Court of Australia (SA Registry) Action No S824 of 2003)

    • Bilby International Pty Ltd & Ors ats Brenton (Supreme Court of SA Action No 831 of 2002)

  • actions involving corporations and directors and officers for breach of duty

    • acting for directors

    • acting for liquidators

    • acting for ASIC

  • defence of a minority shareholder action

    • Hampton Australia Limited (in liq) & Ors ats Catto & Ors (Supreme Court of South Australia Action No 731 of 1998) (Junior Counsel)

  • winding up of unregistered investment scheme

    • ASIC v GTS Pacific Pty Ltd & Ors (Federal Court of Australia (SA Registry) Action No NTD4 of 2005)

  • appeals against banning orders

    • ASIC v Meggison (Commonwealth Administrative Appeals Tribunal Action 6071 of 2007) – financial services

    • ASIC v Turner (Commonwealth Administrative Appeals Tribunal Action No 6228 of 2007) – financial services

    • ASIC v JYWV (Commonwealth Administrative Appeals Tribunal Action No 118 of 2009) – management of corporations

 

 
vendors_02.jpg

Constitutional and Administrative Law

Counsel in relation to constitutional and administrative law matters, including interpretation of Commonwealth and State legislation and delegated legislation, statutory investigations, enforcement actions and court ordered undertakings and compliance programs.

These administrative reviews, investigations and enforcement actions (prosecution and defence) have involved statutory (e.g. ASIC and ACCC) actions, professional and disciplinary bodies and incorporated associations and involved the award of statutory penalties exceeding $0.5m, compliance programs, undertakings and banning orders.

Briefed to act for numerous statutory bodies, councils and professional bodies, including:

  • Adelaide City Council

  • Auditor-General of South Australia

  • Australian Competition and Consumer Commission

  • Australian Securities and Investments Commission

  • Central Irrigation Trust

  • Law Society of South Australia

  • Legal Practitioners Conduct Board

  • Regional Council of Goyder

  • The Public Trustee

 

 

Equity

Counsel in relation to equity matters which have included partnership, family and trust matters which have ranged from property to will claims and have included extensive claims for high net-worth individuals, asset-rich trusts and multi-million dollar estates.     

  • partnership disputes, including:

    • Bird Cameron ats ACN 007 528 207 Pty Ltd (in liq) (Supreme Court of South Australia Action Nos 1392 of 1999 and 1695 of 2001) (Junior Counsel)

    • Cranston Australia Pty Ltd ats Parnell (District Court of South Australia Action No 653 of 2008)

  • estate and family inheritance disputes

  • family business and de facto disputes, including:

    • R Crisp v F Crisp (Supreme Court of South Australia Action No 476 of 2003)

    • Koumi v Australasia Princes Enterprises Pty Ltd & Ors (Federal Court of Australia (SA Registry) Action No 280 of 2005) (Junior Counsel)

  • trust matters

    • interpretation of trust deeds

    • resulting trusts

    • constructive trusts

    • tracing proceeds of breach of trust

  • superannuation and taxation matters

    • acted for Australian superannuation companies and trusts, including:

      • Australian Super

      • Statewide Super

      • Private clients

 

 

Technology and Intellectual Property Law

Counsel in relation to numerous technology and intellectual property claims, including copyright and patent claims, misleading and deceptive conduct claims, passing off actions, protection of confidential information and trade secrets.

Counsel in technology and intellectual property law matters, including for international, national and start-up brands relating to:

  • copyright claims relating to:

    • architects and builders, including:

      • Alan Hickinbotham Pty Ltd

      • Cox Constructions

      • Davey Homes Pty Ltd

      • Medallion Homes

      • Tanti Constructions Pty Ltd

      • Woods Bagot

    • professional services providers, including:

      • Shri Maine t/as Psycare Psychological Services ats Psycare Pty Ltd (Federal Court Action No QUD 28 of 2008)

    • resale royalties

  • patent claims, including:

    • Australian Consulting and Training Pty Ltd v Tiltform Pty Ltd & Anor (Federal Court of Australia (SA Registry) Action No S134 of 2000)

    • Tiltwall Services Pty Ltd & Ors ats Sladojevic (Supreme Court of South Australia Action No 1088 of 2000)

    • acting on behalf of inventors and researchers

  • cybersecurity

  • cloud computing

  • data mining

  • digital forensics

  • privacy

  • technology contracts and e-commerce

  • service level agreements

  • licensing and distribution agreements

  • social networks

  • virtual worlds

  • website start-ups and domain protection

 
vendors_05.jpg

Alternative Dispute Resolution

Counsel in numerous alternative dispute resolutions (both court-ordered and private), including arbitrations and mediations and in multi-party and multi-stage litigation.

These claims have ranged from determinations of legal rights to multi-million dollar class action claims and settlements, professional indemnity and insurance claims and commercial litigation resolutions.

 

 

Sports Law

Counsel for sportsmen and sportswomen, sports associations and sports syndicate members in sports law matters, including:

  • brand, marketing and goodwill protection claims

  • damages claims

    • Australian Football League player

    • National Soccer League player

  • defamation claims

  • disciplinary matter

  • horse-racing syndicate claims

  • membership disputes

  • marine and leisure craft claims

  • liability issues

  • personal injuries claims

  • sports management

 
vendors_09.png

Indigenous Rights

Unconscionable conduct claims by the ACCC pursuant to the Trade Practices Act regarding the supply of educational materials in remote indigenous communities in the Northern Territory and subsequent compensation orders:

  • ACCC v Keshow (Federal Court of Australia (NT Registry) Action No NT 19 of 2004)

Claim against the State of South Australia by an indigenous plaintiff for illegal removal and negligence by State of South Australia

  • Trevorrow v The State of South Australia (Supreme Court of South Australia Action No 741 of 1998) – “Stolen Generation” case (Junior Counsel)

Indigenous rights claims in relation to:

  • native title claims

  • indigenous land acquisition and land management disputes

Indigenous privacy and cultural awareness matters

Indigenous intellectual property protection and commercial exploitation matters

 

 
south-australia2.jpg