Brad Strahorn
Biography
(Chambers 2019)
“He draws high praise from market sources… and is highlighted for his impressive work advising on a range of infrastructure and energy related projects.”
(Who’s Who Legal 2020)
Overview
Brad is a partner in White & Case's Global Commercial Litigation Practice, based in Australia.
Brad is a strategic litigator, sought out for his legal and commercial acumen in high stakes 'bet the company' disputes for listed and government clients, with a strong track record of success in the client outcomes he achieves.
Brad has deep sector knowledge across infrastructure, energy and technology sectors and his practice involves advising clients across a wide range of subject-matter issues. He has extensive experience conducting disputes and advising on contentious issues of corporate governance, anti-trust, regulatory compliance, insolvency, private international law, administrative law, contract and other private law issues.
Brad has extensive experience conducting disputes on significant infrastructure assets and projects and his experience has included the conduct of disputes on some of Australia's largest and most high profile infrastructure developments.
Brad has also had extensive experience in responding to investigation and enforcement actions by both the competition/anti-trust regulator (ACCC) and the corporate and securities regulator (ASIC) in Australia. He has advised and acted for leading organisations such as BHP Billiton, ANZ Bank, Chevron and Intergen in both formal and informal dispute and investigation processes on these issues.
Brad regularly appears on his clients' behalf before superior and appeal courts, and in confidential commercial arbitrations and expert determinations, and he often undertakes lead partner roles in the disputes he conducts.
Brad has consistently been listed as a leading lawyer by legal directories and publications including Chambers and Partners, Who's Who Legal, Legal 500 (Asia Pacific and Global), Doyles Guide, and Best Lawyers.
Experience
X Corp (Twitter)
Acting for X Corp in a dispute as to the operation of its platform and its amenability to State-based legislation alleged to regulate the content of posts on its platform said to vilify certain citizens of that State.
Government of India
Acting for the Republic of India in litigation in the Federal Court of Australia, asserting sovereign immunity against recognition and enforcement proceedings brought by Investors alleging an entitlement to enforce high value ICC arbitral awards.
Joint Venture Dispute
Acting for each of Kogas, TotalEnergies and Petronas in a high-value joint venture dispute with Santos over their liability to meet certain asserted payment obligations under the various contractual arrangements that regulate their interest in the GLNG project in Central Queensland.
Foreign Bank
Acted for a Foreign Bank in responding to compulsory ASIC investigations over its role in ASIC's prosecution of insider trading/market manipulation allegations for those interest-rate swaps implemented in connection with the privatization of Ausgrid by the NSW Government.
Suncable
Acted for the Company in relation to the highly public Shareholder dispute between two prominent Australian business identities on the (AUD) multi-billion SunCable project, on a range of corporate governance, contractual and insolvency issues.
North West Shelf
Acted for Chevron in responding to compulsory investigation processes by the ACCC (s.155) in relation to its participation in the North West Shelf Joint Venture, and advising on the need for Authorisations (Pt.VII) as part of its continued participation in that venture.
Sydney Light Rail
Acted for ProjectCo on a wide range of issues regarding their obligations under their upstream and downstream delivery and financing contracts in circumstances of substantial upstream and downstream disputes regarding the entitlements to payment, scope of variation directions, and a range of other issues in the highly public Sydney Light Rail project dispute.
Moorebank Intermodal Terminal
Acted for Moorebank Intermodal Corporation, an instrumentality of the Commonwealth of Australia, in a series of high value disputes with its developer counter-party regarding information rights and payment of obligations in the delivery of the multi-billion Moorebank Intermodal Terminal.
West Gate Tunnel Project
Acted for Transurban providing strategic advice to Senior Management in the conduct and management of the D&C Contracting consortia’s strategically significant and very high value claims on the Westgate Tunnel Project in Melbourne.
Cement Australia
Acted for Millmerran Power Partners, operators of the Millmerran Power Station, in the ACCC's (Australia's anti-trust regulator) prosecution of Cement Australia for Misuse market power and anti-competitive conduct in the Federal Court of Australia. The case, which ran for a period of 8 years, is one of the most significant decisions on the current 'misuse of market power' provisions of the law (s.46) and the liability of directors and managers as accessories for alleged contraventions.
ANZ Bank
Acted for ANZ Bank in its successful defence of the ACCC’s prosecution of the bank over claims of price fixing, both at first instance in the Federal Court and on appeal to the Full Federal Court. The case, which ran for a period of 6 years, involved an important test of the boundaries of the law regarding the relationship between internal and external distribution channels and the ability of participants in a supply chain to compete. The Full Court decision remains a landmark judgment on this issue.
