Tamlyn Mills

Special Counsel
Norton Rose Fulbright Australia

Sydney
Australia
T:+61 2 9330 8906
Sydney
Australia
T:+61 2 9330 8906
Tamlyn Mills

Tamlyn Mills

vCard

Biography

Tamlyn Mills is a senior litigation and international arbitration lawyer based in Sydney and practising across Australia and the Asia Pacific region.  Prior to joining the firm, Tamlyn gained over ten years' experience in corporate and commercial litigation and cross-border disputes at a top tier Australian firm.

Tamlyn has both trial and appellate experience across Australian jurisdictions, having acted for clients in proceedings in Queensland, New South Wales, Victoria and Western Australia.  She is well versed in the practice and procedure of the State Supreme Courts as well as the Federal Court of Australia and is effective at successfully facilitating the early resolution of disputes through mediation and other ADR mechanisms.

Tamlyn specialises in international commercial arbitration and investment treaty arbitration and has acted as counsel to a range of clients in foreign seated arbitrations under the major arbitral rules.  She is also experienced in domestic proceedings to enforce arbitral awards and advises clients on effective dispute structuring and risk mitigation in commercial contracts.

Tamlyn has a depth of experience in mining, energy and oil and gas disputes, having acted for both junior and establishing energy and resource companies and contractors as well as participants in the National Electricity Market.  As a litigator Tamlyn has acted in a wide variety of commercial and corporate disputes, including shareholder class actions, and regularly advises clients on corporate governance issues, shareholder disputes and directors' duties.

Tamlyn holds a Master of Laws with Distinction from the London School of Economics and Political Science, specialising in international dispute resolution.

 


Professional experience

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  • LLM (Distinction), London School Of Economics, (2013)
  • LLB (Hons First Class), University Of Queensland, (2007)
  • BA (University Of Queensland, (2007)
  • Grad Dip Legal Practice, Griffith University, (2008)
  • Supreme Court of Queensland 2008
  • High Court of Australia 2008

International Arbitration and Cross Border Disputes

  • Acting for an Asian telecommunications company in a London seated, LCIA arbitration as Respondent in a dispute arising from a failed merger in South Asia.
  • Acting for Japanese, Indian and Australian interests in defending an ICC dispute, subject to English law, seated in Singapore brought by Timor-Leste arising from the termination of a production sharing contract for an offshore block in the Timor Sea.
  • Acting for a US energy services company in a dispute with an Asian energy company arising from an exploration campaign in Indonesia. The matter is subject to Indonesian law, Jakarta seat, BANI Rules.
  • Acting for a global investment bank in defending complaints of fraud and embezzlement made by a high net worth Indonesian investor to the Indonesian police, arising from losses incurred in complex foreign exchange and equity derivatives products.
  • Representing ECT/ICSID award creditors in enforcement proceedings in Australia against the Kingdom of Spain arising from solar energy investments in Spain, against a plea of sovereign immunity from the jurisdiction of Australian courts: Eiser Infrastructure Limited & Anor v Kingdom of Spain and Infrastructure Services Luxembourg S.A.R.L & Anor v Kingdom of Spain.

Commercial and Corporate Litigation

  • Acting for a large Australian owned fuel business in appellate proceedings in the Victorian Court of Appeal in a dispute with their former solicitors and a former Chairman arising from a failed IPO. The dispute raised numerous issues, including the duties owned by a Board Chairman and the ability of self-represented solicitors to recover their costs.
  • Part of the team acting for Bellamys Australia Limited in the defence of two competing shareholder class actions.
  • Acting for 4 non-executive directors of Kagara Limited (in liquidation) in a class action by shareholders alleging misleading and deceptive conduct and breach of continuous disclosure obligations in relation to the valuation of mining assets and the accounting treatment of costs associated with those assets.
  • Acting for an ASX listed exploration and mining company with mining interests in British Columbia, Canada in relation to a complex dispute with former directors involving allegations of misuse of confidential information and diversion of corporate opportunities in breach of contractual, statutory and fiduciary duties.
  • Acting for an ASX listed exploration and mining company to defend proceedings brought by former directors in the Western Australia Supreme Court seeking to restrain the release of information, including an application to enforce the plaintiffs' undertaking as to damages.
  • Acting for a significant resources company in high value, complex disputes involving the supply of coal to an adjacent Power Station under a long term coal supply agreement, including multiple proceedings in the Supreme Court of Queensland and ongoing strategic advice.
  • Acting for a Queensland electricity generator in sensitive proceedings concerning the calculation of certain rebate payments owing under a coal supply arrangement and referable to the sale of metallurgical coal on the export market.  The proceeding concerned a significant revenue stream for a Queensland state owned asset.
  • Acting for a Queensland electricity generator in the successful defence of proceedings commenced by the Australian Energy Regulator in the Federal Court of Australia for alleged breaches of the National Electricity Rules. The proceeding was the first of its kind in Australia and was significant in clarifying the meaning of the "good faith rebidding rule".
  • Acting for a large agribusiness client in an urgent application in the Federal Court of Australia seeking an injunction and other orders in relation to alleged oppressive, unfairly prejudicial or unfairly discriminatory conduct under the Corporations Act 2001 (Cth).
  • Acting for a private equity investor to successfully resolve a dispute with a founding director and substantial shareholder involving numerous allegations of misconduct and disputes concerning the parties' respective rights under governing contractual arrangements.
  • Acting for a large private equity fund in proceedings in the Queensland Supreme Court involving a dispute between shareholders in a significant manufacturing company. The dispute involved numerous allegations of fraud and dishonesty relating to the conduct of the parties over a number of years.
  • Acting for the wholly-owned subsidiary of an Australian listed company to enforce an expert determination in the NSW Supreme Court and defend a counter-claim for rectification of the underlying share sale agreement.
  • Acted for Queensland government-owned corporation QIC in proceedings in the New South Wales Supreme court concerning losses flowing from an alleged double metering configuration at one of its retail investments in New South Wales.  The dispute involved complex legal arguments in relation to points of law untested in Australia as well as complex factual matters involving the flow of payments between customers, participants and the market operator in the national electricity market.
  • Acting for a Sydney-based property development company in proceedings in the New South Wales Supreme Court involving a multi-party dispute about the validity of the purported exercise and assignment of Call Options over land.
  • Advised a significant national client on a dispute in relation to a high value IT project, including providing strategic and contractual advice and drafting a notice of termination.
  • Acted for a property investment group in an expert determination to successfully resolve a long running dispute over failure to disclose defects prior to our client's purchase of a retail homemaker centre.
  • Acted for a financial advisory firm to defend claims of misleading and deceptive conduct in breach of the Corporations Act 2001 (Cth) and the Australian Securities and Investments Commission Act 2001 (Cth) brought by a former client of one of its authorised representatives. The case raised issues about the territorial application of the Corporations Act and the ASIC Act and the calculation of damages where an investment loss is yet to crystallise.
  • Assisting with global strategic advice to an international retail client and health services provider on the identification, assessment and management of risk in relation to potential claims concerning the management of joint venture partnerships with stores in the United Kingdom, including the conduct of internal investigations and the effect of pricing and marketing policies on individual stores. The claims represented a significant reputational and commercial risk for the business internationally.
  • Acting for the plaintiffs in proceedings in the Queensland Supreme Court involving the publication of misleading and deceptive advertisements by the defendants in relation to the supply of discounted pharmaceuticals.
  • Acting for a regional area water board and regional council in a construction dispute with a contractor, including an associated application to the Queensland Supreme Court and preparation for a mediation and expert determination.

Competition and Regulatory Law

  • Providing ongoing advice to an agricultural industry body in relation to the management and enforcement of an industry-wide accreditation program.
  • Providing advice to Align Technology Inc. in relation to the compliance of new programs and initiatives with Australia's regulatory regime, including the National Health Law and Consumer Law.
  • Provided advice to Stanwell Corporation Limited in relation to successful applications for the authorisation of arrangements for the coordination of electricity dispatch in the remote North West Power System.
  • Provided advice to the Queensland Government on the competition issues associated with re-structuring certain Queensland government owned assets.
  • Assisted in the preparation of successful applications for authorisation on behalf of Rio Tinto Aluminium Limited and its associated joint venture partners for amendments to agreements in relation to the Gladstone Power Station and Boyne Island Smelter and subsequent applications for minor variation of the authorisation.
  • Assisted in conducting an audit of a significant resources company's compliance with competition laws.
  • Assisted in providing advice to various clients on the restrictive trade practices provisions in the Competition and Consumer Act 2010 (Cth), including whether particular arrangements might contravene the Act.
  • Assisted in preparing a notification of exclusive dealing to the Australian Competition and Consumer Commission.
  • Assisted in providing advice to a major coal mining company on access issues in relation to port infrastructure in Queensland, including a comprehensive analysis of current access arrangements at Queensland ports.
  • Assisted in providing advice to a major coal mining company on access to rail infrastructure in the Hunter Valley, including reviewing and amending draft access arrangements.
  • Assisted in drafting an application for informal clearance of a merger between two transport companies providing ferry services in Queensland.
  • Assisted in providing advice to a Queensland electricity distributor and retailer in relation to the introduction of the National Energy Customer Framework.
  • Assisted in providing advice to a large electricity generator on compliance with the National Electricity Rules in relation to spot trading activity.
  • Assisted in providing advice to a market participant on the pass through of transmission related charges under the National Electricity Rules, including advising on a rule change proposal.
  • Developed competition and consumer law compliance manuals for clients and assisted in the preparation and delivery of compliance training for a number of significant clients.

Commercial Advisory

  • Assisted in providing strategic advice to a significant rail provider in relation to coal haulage contracts with a large customer.
  • Assisted Queensland's state-owned electricity generators to develop compliance programs for spot trading in the National Electricity Market.
  • Assisted in providing advice to the Pharmacy Guild of Australia on pharmacy regulation in each of Australia's States and Territories, including advising on the implications of legislative amendments
  • Joint author of 'National Electricity Rules: Proposed change to rebidding in good faith provisions', MinterEllison, (6 May 2014).
  • 'The ICC launches new Mediation Rules', MinterEllison, (25 February 2014).
  • 'The Singapore Court of Appeal's Decision in the Astro-Lippo Dispute' (2013) 32(2) The Arbitrator & Mediator 139.
  • TEQSA's new standards and liability for higher education providers, Minter Ellison Higher Education Focus, (July 2012).
  • Joint author of 'A practical guide to e-litigation – Technology and its role in the courtroom', Proctor, (February 2011).
  • Joint author of 'A practical guide to e-litigation – Part 2: e-litigation in the Federal Court', Proctor, (April 2011).
  • Joint presenter, 'Principles of Legal Professional Privilege in Australia', KPMG, 2019
  • Joint presenter, 'Principles of Legal Professional Privilege in Australia', AMP, 2019
  • Joint presenter, 'Avoiding Ethical Pitfalls', AMP, 2019
  • Joint presenter, 'Managing Risk in Cross Border Contracts: International arbitration for transactional lawyers', AMPLA NSW and ACICA, 2017
  • Joint presenter, 'International Procurement: Common Pitfalls', 2017, MinterEllison General Counsel Breakfast
  • Joint presenter, 'Arbitration Agreements for Transactional Lawyers', 2016, MinterEllison
  • 'Implications of the Trans-Pacific Partnership Agreement for Australian higher education providers', May 2016, MinterEllison Higher Education Focus.
  • Joint presenter, 'International Investment Protections', April 2016, MinterEllison Seminar, Sydney.
  • 'International Comparative Legal Guide to Enforcement of Foreign Judgments – Australian Chapter', 2016 and 2017, ICGL – Enforcement of Foreign Judgments.
  • Joint presenter, 'Regional and Global Trends in ADR', March 2015, MinterEllison CLE Week, Brisbane.

 

  • Secretary of Australian Mining and Petroleum Law Association (NSW Branch), 2016-2017
  • MinterEllison Pro Bono Coordinator, Sydney Office, 2016-2017
  • Volunteer lawyer, Homeless Persons Legal Service NSW, 2016-2017
  • Committee Member, Women Lawyers Association of Queensland, 2014-2015
  • Volunteer lawyer at the Queensland Public Interest Law Clearing House Homeless Persons Legal Clinic and Self-Represented Litigants Civil Law Clinic, 2008 to 2015
  • Member of the Minter Ellison Community Investment Program Committee, 2008 to 2015
  • Volunteer lawyer at Caxton Legal Centre (a community legal centre), 2010 to 2015
  • Participated in the ABCN Aspirations Mentoring Program with Glenala State High School, 2011
  • Participated in the ABCN RISE Reading Program with Glenala State High School, 2009 and 2010