Andrew James McClelland

Andrew McClelland has acted in many large and complex commercial disputes.  He has extensive trial experience in the Supreme Court of Victoria and the Federal Court of Australia, and has often appeared in hearings before the Australian Competition Tribunal.

Andrew McClelland has particular expertise in:

• corporations legislation, including laws relating to directors' duties, managed investment schemes and financial products

• trusts and other equitable obligations

• competition law

• regulation of the electricity and telecommunications industries

• class actions

• international arbitrations (as an advocate)

• contract law

• general commercial disputes.

 

Current and recent matters include: 

• acting on behalf of Victorian electricity distribution network service providers in review proceedings issued pursuant to the National Electricity Law in the Australian Competition Tribunal

• acting on behalf of an international airline in a proceeding issued by the ACCC in the New South Wales district of the Federal Court of Australia, and in a class action in the Victorian district of the Federal Court of Australia, concerning alleged restrictive trade practices

• successfully defending three directors of the Timbercorp group of companies who were sued in a class action arising out of the failure of the Timbercorp group's managed investment schemes (Woodcroft-Brown v Timbercorp Securities Limited (in liq) & Ors [2011] VSC 427)

• acting for the provider of pathology services in respect of a dispute about leases of premises in hospitals in Victoria and New South Wales (Specialist Diagnostic Services Pty Ltd v Healthscope Ltd & Ors [2010] VSC 443)

• successfully prosecuting a proceeding on behalf of a Malaysian company against its Australian distributor in respect of disputed debts (Thong Guan Plastic and Paper Industries SDN BHD v Vicpac Industries Australia Pty Ltd [2010] VSC 11)

• acting on behalf of the ACCC in review proceedings issued by Telstra in the Australian Competition Tribunal in respect of Telstra's unconditioned local loop service (Application by Telstra Corporation Limited [2010] ACompT 1)

• successfully setting aside an award by a panel of international arbitrators concerning the scope of an arbitration clause (TCL Airconditioner (Zhongshan) Co Ltd v Castel Electronics Pty Ltd [2009] VSC 553)

 

Before coming to the Bar, Andrew completed his articles and worked as a solicitor at Mallesons Stephen Jaques.  He then moved to Norton Gledhill where he worked in their commercial litigation department.  During his time at Norton Gledhill he was appointed a Senior Associate.

 

From 16/04/2009: Professional Standards Act 2003 [Vic] "Liability limited by a scheme approved under Professional Standards Legislation."