Norton Rose Fulbright Australia
Related services and key industries
Tamlyn Mills is a dispute resolution partner based in Sydney, specialising in international arbitration and commercial and corporate litigation. Her practice covers Australia and the Asia Pacific region. Prior to joining the firm, she gained over ten years' experience in corporate and commercial litigation and cross-border disputes at a top tier Australian firm.
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 as well as in domestic ad hoc arbitrations. Her practice includes the enforcement of commercial and investment treaty awards in Australia and she advises clients on effective dispute structuring and risk mitigation in commercial contracts.
As a litigator, 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 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 has a depth of experience in mining, energy and oil and gas disputes, having acted for both junior and established energy and resource companies and contractors as well as participants in the National Electricity Market. She is a member of the NSW State Committee and National Learning and Development Committee of the Australian Mining and Petroleum Law Association, the peak industry body for Australian energy and resource lawyers.
Tamlyn holds a Master of Laws with Distinction from the London School of Economics and Political Science, specialising in international dispute resolution. She is active in the international arbitration community, serving as a member of the NSW State Committee of ACICA, and is a regular contributor to the firm's flagship International Arbitration Report as well as presenting internally and externally on topics relating to cross-border dispute resolution.
- LLM (Distinction), London School Of Economics, (2013)
- Grad Dip Legal Practice, Griffith University, (2008)
- LLB (Hons First Class), University Of Queensland, (2007)
- BA (majoring in literature and international relations), University Of Queensland, (2007)
- Supreme Court of Queensland 2008
- High Court of Australia 2008
International Arbitration and Cross Border Disputes
- Acting for a contractor in a series of high-value international arbitrations arising out of large construction projects in the Middle East. The arbitrations are subject to various regional institutional rules, including DIAC, DIFC and ADCCAC, as well as different local laws.
- Acting for award creditors in the enforcement in Australia of a significant treaty award against the respondent nation state. The proceedings will be the first time in Australia enforcement of an award under a bilateral investment treaty has been enforced under the New York Convention.
- Representing ECT/ICSID award creditors in enforcement proceedings in Australia against the Kingdom of Spain arising from solar energy investments in Spain. The cases were the first time proceedings to enforce ICSID awards in Australia had been contested and faced a plea of sovereign immunity. The issue of the interaction between Australia's obligations under the ICSID Convention and its foreign state immunity laws is on appeal before the Full Federal Court of Australia: Eiser Infrastructure Limited & Anor v Kingdom of Spain, Infrastructure Services Luxembourg S.A.R.L & Anor v Kingdom of Spain, RREEF Infrastructure (G.P) Limited & Anor v The Kingdom of Spain and 9REN Holding S.A.R.L v The Kingdom of Spain.
- Acting for Sellers in relation to West Coast gas price reviews subject to ad hoc domestic arbitration seated in Western Australia and related litigation in the WA Supreme Court and WA Court of Appeal.
- 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.
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.
- Advising global oil and gas major on contractual entitlements under LNG supply contract.
- 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.
- The Lawdragon Global Litigation 500, 2021
- Panellist, Recent Trend of Enforcing ICSID Awards in Australia, ACICA, 2021
- Joint presenter, Burnt by the Boilerplate, Qantas, 2021
- Presenter, Legal Professional Privilege, AMP, 2020
- Moderator, 'Global Perspectives on International Arbitration', Arbitration Week, 2020
- Faculty member, 'Lifecycle of an arbitration: enforcement', ACICA45, 2020
- Joint presenter, 'Ethical Kryptonite', KPMG, AMP and JLL, 2020
- Host, 'Market Insights – Litigation Funding', AMPLA, 2020
- Joint presenter, 'Principles of Legal Professional Privilege in Australia', KPMG and 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
- 'International Comparative Legal Guide to Enforcement of Foreign Judgments – Australian Chapter', 2016 and 2017, ICGL – Enforcement of Foreign Judgments.
- NSW State Committee, Australian Centre for International Commercial Arbitration (ACICA), 2020
- NSW State Committee and National Learning and Development Committee, Australian Mining and Petroleum Law Association (AMPLA), 2020-2021
- Secretary of AMPLA (NSW Branch), 2016-2017
January 06, 2021
December 07, 2020
Publication | July 01, 2021
Publication | July 01, 2021
Publication | June 16, 2021
Publication | June 16, 2021