Chris Fox

Chris Fox

Chris Fox is one of Australia's leading commercial litigation lawyers. He has 30 years of experience, including four years in London at Herbert Smith, and has been a partner of the firm for more than 20 years.

Notable matters include acting for GDF Suez Australian Energy in the Board of Inquiry proceedings concerning the 2014 fire at the Hazelwood Coal Mine, acting for the Future Fund Board of Guardians in Supreme Court proceedings concerning the acquisition by Future Fund of AIX’s interest in Perth Airport, acting for the Municipal Association of Victoria in the Casey landfill gas migration class action, representing the local government sector before the Royal Commission into the Black Saturday fires, acting for BHP Billiton in proceedings against Esso over the Longford explosion, and acting for the former Governor-General of Australia in the civil proceedings brought against him during his tenure which led to the 2003 Constitutional crisis.

Clients who have retained Chris to assist them include Wesfarmers, Future Fund Board of Guardians, GDF Suez Australian Energy, Telstra, Sensis, Lion, Lion-Dairy & Drinks, BHPB, the Municipal Association of Victoria, and Coles.

Chris has expertise in contractual, corporate, competition, telecommunications and resources related disputes, Royal Commissions and Boards of Inquiry, consumer law proceedings and class actions.

Chris has been recognised as a leading dispute resolution and litigation practitioner in numerous international and Australian journals and directories. These publications include Chambers Global and Chambers Asia Guides, Which Lawyer? Yearbook, Practical Law's Global Counsel 3000, the Asia Pacific Legal 500, Euromoney's Expert Guides - Litigation Lawyer; Best Lawyers, PLC’s Practical Law Multi-Jurisdictional Guide – Dispute Resolution, and Asia Law.

Chris is one of few commercial litigators in Australia to have been included in The International Who's Who of Business Lawyers and Euromoney's Expert Guide to Commercial Arbitration. He is also recognised as one of the seven “pre-eminent” commercial litigators in Australia in Doyle’s Guide 2012.

Chris was a member of the firm’s Partnership Committee for six years from 2008 – 2014, and is currently a member of the International Management Committee of King & Wood Mallesons.

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Representative matters

  • GDF Suez Australian Energy : - Board of Inquiry proceedings in relation to the 2014 fire at the Hazelwood Coal Mine
  • Coles Supermarkets (Australia) Pty Ltd : - in Federal Court proceedings by the ACCC over Coles' "Baked Today Sold Today" marketing claims
  • Future Fund Board of Guardians - : In relation to Supreme Court proceedings by Australia Super over Future Fund's acquisition of Perth Airport
  • GDF Suez Australian Energy : - In Water Act (VCAT) and Supreme Court proceedings concerning the Morwell Main Drain and the Hazelwood Mine
  • Lion-Dairy & Drinks : - In Federal Court proceedings concerning the sale of Berri Limited
  • Lion-Dairy & Drinks Pty Ltd : - In Federal Court proceedings involving damages claims by NSW haulage contractors under the NSW Independent Contractors Act
  • MAV : - In relation to the Royal Commission into the Victorian Black Saturday bushfires in February 2009
  • Telstra : - In Federal Court proceedings by Optus concerning Telstra's "The Only 4G" claims
  • Chemtura Corporation : - In relation to Federal Court class action proceedings against Chemtura concerning alleged cartel activity in relation to the supply of rubber chemicals
  • Aquila Resources : - On matters arising out of its joint ventures with Vale in the Bowen Basin in Queensland
  • MGA Entertainment, Inc of the USA : - In Federal Court Proceedings in relation to its Distribution Agreement with Funtastic Limited
  • Telstra - : In Federal Court proceedings by the ACCC concerning Telstra's "Everywhere you need it" marketing campaign
  • Wesfarmers : - In Supreme Court proceedings concerning the marketing and distribution arrangements of the Coles Group
  • BHPB : - In relation to the fire and explosion at Longford in 1998, including the subsequent Federal and Supreme Court class actions and Supreme Court proceedings between BHPB and Esso arising out of the joint venture between them
  • Lion : - In Federal Court and Supreme Court proceedings in relation to the acquisition of shares in Coopers
  • Telstra : - In Federal Court and Supreme Court litigation arising from the termination of the dealership agreement with Mobileworld (Crazy John's)
  • Telstra : - In network access pricing proceedings before the Australian Competition Tribunal
  • Telstra : - In various claims by and against Optus and by the ACCC in relation to marketing claims and activities
  • Crown Casino : - In various claims and matters relating to the operations of the Casino
  • Telstra : - In Federal Court proceedings against News Limited concerning use of NRL footage on the internet and other media
  • British American Racing : - In the coronial inquiry into the fatality at the 2001 Australian Grand Prix
  • Sensis and Telstra : - In Federal Court proceedings for copyright infringement and misleading and deceptive conduct over the Yellow Pages "Goggomobil" advertisements.

Qualifications

  • 1985: Bachelor of Commerce and Laws, University of NSW (Medal in Law)
  • 1985 - 1987: Solicitor, Mallesons Stephen Jaques, Sydney
  • 1987 - 1990: Solicitor, Herbert Smith, London
  • 1991 - 1993: Solicitor, Mallesons Stephen Jaques, Sydney
  • 1993 - 1997: Partner, Mallesons Stephen Jaques, Sydney
  • 1997 - present: Partner, King & Wood Mallesons, Melbourne.

Location

Legal insights

The Federal Court of Australia ordered that two of the three class actions which had been filed against GetSwift Ltd be permanently stayed, with only one to proceed.

24 May 2018

A surprising number of Australian companies are failing to insert arbitration clauses into their contracts when the counter-party does not have a presence in Australia.

05 March 2018

The decision in Blairgowrie Trading Ltd v Allco Finance Group Ltd represents a setback in attempts to broaden the scope of litigation funding in Australia.

07 August 2015

Federal Court hands down its decision in Paciocco v ANZ - whether bank fees charged by ANZ are penalties or otherwise unconscionable or unfair.

08 April 2015

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