Public Sector Disputes & Statutory Inquiries

Our success as lawyers in public sector disputes and statutory inquiries emanates from the deep and enduring relationships we develop with clients which allow us to deliver value through our in-depth understanding of the context and objectives of their operations.

With more than two decades of advising public sector clients, we recognise that when a dispute arises, each situation and set of objectives will vary between government ministers, departments, agencies and regulatory bodies.

We have been involved in many of the public sector's most complex disputes and inquiries which have involved both negotiated and litigated outcomes.

We're more than legal advisers

As legal advisers we understand our role is not only to manage the litigious issues for public sector entities, but also the associated media and public attention that may ensue. Discretion is key.

We advise our clients on maintaining due process and transparency and, wherever possible, promote methods to resolve disputes using alternative methods to avoid the public realm of the courts.

We have the experience and knowledge of the legal and commercial imperatives in public sector disputes and statutory inquiries to deliver positive outcomes. Our expertise includes:

• regulatory investigations
• statutory inquiries
• judicial inquiries 
• inquests 
• enforcement actions 
• corruption, fraud and recovery.

RailCorp ICAC investigation

Henry Davis York advised RailCorp during an investigation by the Independent Commission Against Corruption (ICAC) which concerned allegations that more than 20 former or current RailCorp employees and contractors had acted fraudulently and/or engaged in bribery in relation to the procurement of goods and services. In financial terms, RailCorp employees were found to have improperly allocated almost $19 million to companies owned by themselves, their friends or their families, in return for corrupt payments of more than $2.5 million.

Integral Energy and RTA ICAC inquiries

We acted for Integral Energy in a substantial ICAC inquiry into the corrupt conduct of an employee; and for the RTA in an ICAC inquiry into the maintenance of the RTA's tidal traffic flow contracts in circumstances where RailCorp was also involved.

Judicial inquiry into the conviction of Phuong Ngo

We represented the NSW Police on the judicial inquiry ordered by the Chief Justice into the conviction of Phuong Ngo for the murder of NSW Government Minister, John Newman. This matter was unique as it was one of only a couple of judicial inquiries in the history of NSW which were ordered in relation to a conviction.

RTA v Dederer

We acted in this High Court case which set a precedent for the RTA and all local public authorities in their duty to provide public warnings.

Burwood Council

We acted for senior council officers in relation to an ICAC inquiry and public hearing.

Blacktown City Council v Hocking

Successfully defended Telstra against appeal over claim for breach of duty of care and a subsequent appeal.

NSW Police common law claims

We act for the NSW Police in claims from members of the public for unlawful arrest, false imprisonment and malicious prosecution, and from former police officers for negligence and breach of contracts which have given rise to personal injury.

ERG ticketing contract dispute

Henry Davis York advised the Ministry of Transport on the ERG ticketing contract with the NSW State Government on the potential insolvency of, or default by, the contractor.

SRA Waverton railway station

We advised the State Rail Authority (SRA) in a number of disputes relating to Waverton railway station. This included successfully opposing an injunction suit against the SRA which sought to prevent it from terminating the head lease for the commercial premises above Waverton Railway Station.

RailCorp commercial disputes

We represented RailCorp in a dispute with the supplier and installer of tactiles on station platforms where there is a substantial warranty claim for defective tactiles at multiple locations.

RTA commercial disputes

We assisted the RTA in managing a potentially large dispute with the Sydney Harbour Tunnel Company and the ATO.