Josh Henderson

Partner
Norton Rose Fulbright Australia

Josh Henderson

Josh Henderson

vCard

Biography

Josh Henderson is a dispute resolution lawyer based in Brisbane.

Josh has a diverse practice that spans various sectors. His practice includes:

  • Advising on incident response and investigations;

  • Acting in regulatory investigations and disputes;

  • Acting in disputes relating to governmental decision making (including merits review and judicial review proceedings), as well as advising in relation to commercial disputes;

  • Disputes and litigation in the energy, infrastructure, mining, real estate, consumer markets, transport and technology sectors.

Josh's approach is to work with his clients to identify their strategic objectives and devise cost-effective plans to achieve them, whether by litigation or negotiation. His clients like that he is strategic, responsive and outcome focused.

One of Josh's key strengths is his communication style. His clients comment that he is able to distil complex legal concepts into easy to understand language. Josh prides himself on his user-friendly approach and also having a deep engagement with his clients and matters.

Josh regularly acts for clients on a pro bono basis and is also the Chair of Norton Rose Fulbright Australia's Pride Network.


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

Energy, infrastructure & mining

  • Acted for five mining companies / shippers (Coronado Curragh (formerly Wesfarmers Curragh) Pty Ltd, Washpool Coal Pty Ltd (subsidiary of Aquila), Yarrabee Coal Company (subsidiary of Yancoal), Caledon Coal Pty Limited (in liquidation) (sister company of PanAust), Colton Coal Pty Ltd (subsidiary of New Hope)) 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). 
  • Acted for Coronado Curragh, Washpool Coal and Yarrabee Coal in Queensland Supreme Court proceedings commenced by Aurizon Network. Aurizon alleged that express and implied terms of a multi-party deed had been breached and also sought orders that contractual adjustments in our clients favour should not be made as certain contractual dates have not occurred that a previous Expert determination was invalid.
  • 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.  
  • Acted in confidential incident response, investigations and disputes in the energy sector following failure of infrastructure.
  • Acted for Harlin Solar in Federal Court of Australia proceedings, responding to a +$65 million claim in accessorial liability relating to alleged breaches of contract, fiduciary duties and contraventions of the Corporations Act 2001 (Cth).
  • Acted for Ya Hua International Investment and Development Co. in Federal Court of Australia proceedings relating to shareholder oppression and restraint of trade allegations. Ya Hua International is a Chinese based company and the majority shareholder in Yahua Australia.

 

Regulatory

  • Acted for the ACCC in proceedings brought against Chrisco Hampers Australia Limited regarding unfair contract terms.
  • Acts in regulatory investigations and proceedings in a variety of sectors (including the energy sector), acting both for and against regulators. 

 

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 was for ~$53M.
  • Acted for Qantas Airways Limited in Supreme Court of Queensland proceedings with Queensland Urban Utilities, in relation to the alleged contamination of QUU's infrastructure following an uncontrolled release of 33,000L of firefighting foam (containing PFAS) at Brisbane Airport.
  • 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 property developer in Supreme Court proceedings regarding the development of an 18 story development in Miami, Queensland, which had purchased 11 of the 12 lots in a Body Corporate Scheme. The 'hold out' lot had been acquired by a rival developer and our client sought orders for termination of the Body Corporate and disposal of this lot to our client.
  • 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 disputes relating to market rent review, make good and incentive 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. The claims include allegations of bad faith and unconscionability.
  • 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.
  • Risk assessments for franchisors regarding compliance with the Australian Consumer Law and Franchising Code of Conduct.

 

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.
  • Advising both government and commercial clients in relation to potential challenges to governmental decision making.
  • 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, Data Protection & Innovation

  • Advised clients in relation to data breach issues.
  • 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

Insights

10 years of pride

Publication | October 26, 2023

Greenwashing: The position in Turkey

Blog | June 16, 2023