Joshua Henderson

Partner
Norton Rose Fulbright Australia

Joshua Henderson

Joshua Henderson

vCard

Biography

Josh Henderson is a dispute resolution lawyer based in Brisbane.

Josh has a broad disputes practice, with a particular focus on disputes in the infrastructure & mining, regulatory, real estate, transport and technology & innovation sectors. 

Josh's approach is to work with relevant stakeholders within his clients to properly identify strategic objectives and devise a plan to achieve them, whether that be by litigation or otherwise.  He is strategic, responsive and action oriented and uses these skills to tailor his approach to each matter.  Josh prides himself on being user-friendly and also having a deep engagement with his clients and matters.

Josh has managed many complex and large scale disputes in various court jurisdictions but also regularly utilises alternative dispute resolution methods such as expert determinations, arbitrations and mediations.


Professional experience

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  • Bachelor of Law (First Class Hons), Queensland University of Technology (2003)
  • Bachelor of Journalism (with distinction), Queensland University of Technology (2003)
  • Masters of Laws (Commercial Law), Queensland University of Technology (2008)
  • High Court of Australia 2006
  • Supreme Court of Queensland 2006

Infrastructure & mining

  • Acted for five mining companies / shippers in a dispute with Aurizon Network.  The dispute related to agreements for a $1billion project to construct and modify rail infrastructure in the Central Queensland Coal Network, connecting to the Wiggins Island Coal Export Terminal near Gladstone. Aurizon commenced proceedings in the Supreme Court of Queensland alleging breach of contract (including an implied term of good faith).  The quantum of the dispute is estimated to be ~$450million.  
  • Expert determinations and arbitrations relating to infrastructure disputes.
  • Represented mining companies and suppliers to the mining industry in relation to a variety of commercial disputes, including allegations regarding breach of contract, misleading or deceptive conduct and negligence.  
  • Acted in proceedings related to the payment of fees under an Indigenous Land Use Agreement.   

 

Regulatory

  • Acted for the ACCC in proceedings brought against Chrisco Hampers Australia Limited regarding unfair contract terms. 
  • Acts in regulatory investigations, including conducting examinations under compulsory powers.  

 

Transport

  • Acted for Qantas Airways Limited in proceedings commenced against its facilities maintenance provider, Jones Lang LaSalle (and others) regarding the release of 33,000L of firefighting foam at Brisbane Airport. The claim is for ~$53M. 
  • Acted for Markel in Federal Court proceedings relating to the declinature of a claim for the total loss of a recreational vessel off the coast of New South Wales.
  • Acted for an infrastructure contractor in Supreme Court of Queensland proceedings relating to the charter of a vessel to be used in the Gorgon gas project, off the coast of Western Australia.
  • Acted for insurers in the marine industry in relation to property damage claims. 
  • Acted for a resources company in a dispute regarding discharge of a shipbuilding contract and assisting with delivery of the newbuild vessel. 
  • Advised airports and tenants regarding obligations of competitive neutrality.

 

Real estate

  • Acted in multi-party cross-border proceedings for a publically listed property developer, regarding a land transaction in Dubai.
  • Acted for a landowner in an expert determination regarding lease incentives for a commercial property. 
  • Acts in a variety of disputes including in relation to defaulting purchasers, leasing disputes (including market rent review disputes) and contractual disputes regarding the purchase of real estate. 

 

Franchising

  • Acted for Volkswagen Group Australia in Supreme Court proceedings commenced by a dealer in connection with conduct that occurred throughout the franchise relationship. 
  • Acted in a dispute between Retail Food Group and Asahi Beverages, in relation to alleged misleading representations made about the sale of beverages in RFG's stores. 
  • Successfully defending proceedings at first instance and on appeal by a former franchisee against the former owner of a Frontline recruitment agency franchised business. 
  • Acted in numerous disputes for franchisors across the retail, automotive, hospitality and real estate sectors. 

 

Government and administrative

  • Acted for the developer of Brisbane's Skytower, in a dispute relating to approvals to enter into prescribed airspace to construct the tower. In this dispute, our client commenced proceedings in the AAT and sought a merits review of the Department of Infrastructure, Regional Development and Cities' decision. The proceedings also involved CASA, Airservices Australia and Brisbane Airport. 
  • Acted for a government owned corporation in an arbitration regarding a contract of supply. 
  • Acted for the Queensland Building and Construction Commission in numerous administrative review matters involving a variety of issues including licensing, directions to rectify and the home warranty scheme.
  • Acted for Chemist Warehouse in successfully resisting, at first instance and on appeal to the Full Federal Court, an application for judicial review of a decision of the Minister under the National Health Act, regarding approvals to supply pharmaceutical benefits.
  • Advised government departments and agencies in relation to numerous disputes, including in relation to procurement and contractual negotiations. 
  • Advised clients in relation to right to information / freedom of information requests (including third party consultations). 

 

Technology & Innovation

  • Acted in a number of patent disputes for CQMS Razer, in relation to dragline buckets and also wear assemblies which are mounted on the digging edge of excavator buckets. 
  • Acted for Sandvik in a number of disputes, including Federal Court patent and design proceedings regarding core trays and Supreme Court proceedings regarding the misuse of confidential information and infringement of copyright in drill parts.  
  • Acting for iseek (a data centre and connectivity provider) in restraining the misuse of commercially sensitive technical information by previous employees and a competing business.
  • Acted for a publically listed property developer in restraining Fairfax Media from publishing confidential information.
  • Acted for a database owner in relation to Federal Court litigation regarding infringement of copyright in source code for a POS program.
  • Acted in Federal Court proceedings in relation to alleged infringement of copyright in telephone directories.
  • Acted for a government agency in defending copyright infringement proceedings by a software vendor regarding a program used in hospitals. 
  • Acted for Uniline Australia in Federal Court proceedings regarding a component used in roller blinds. 
  • Acted for 3 parties in grain supply chain to prosecute proceedings in the Federal Court in relation to unjustified threats of design and patent infringement regarding a storage container for equine feed.
  • Acted for Naiad Design in copyright infringement proceedings against in relation to drawings of rigid hull inflatable boats. 
  • Appointed as an independent solicitor to supervise the execution of a search (Anton Piller) order. 
  • English