Nicholas Bender SC

Silk 2022 | Call 2007

Nicholas Bender SC has a broad-ranging, commercial practice and regularly appears in difficult, high-value cases.

He practises in all areas relating to commercial, corporate and financial disputes. He is experienced in appearing in both class actions and regulatory inquiries.

Nicholas is listed in Chambers & Partners (Global), where he has been described as “fantastically diligent with an excellent brain” and “recognised for his handling of high-value commercial, corporate and insolvency matters”. He has consistently been listed in Doyle’s Guide and in Best Lawyers Australia for many years.

Following are some notable current and recent matters:

  • INPEX v Akzo Nobel: appearing for the Respondents in a $4.5 billion claim in connection with the Ichthys LNG Project in the Northern Territory.
  • AUSTRAC v. The Star: appearing for The Star in regulatory proceedings brought by AUSTRAC arising from alleged contraventions of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.
  • Greensill Bank: appearing for Greensill Bank and its German insolvency administrator in a set of complex and high-value claims against insurers arising out of the Greensill collapse.
  • Palmer v. McGowan: appeared for the Premier of Western Australia in defamation proceedings brought against him by Clive Palmer.
  • ASIC v. Caddick: appointed as contradictor in the trial of civil penalty proceedings brought by ASIC against Melissa Caddick in which ASIC sought orders for the sale and distribution to investors of Ms Caddick’s estate.
  • Camenzuli vHawke: appointed as amicus curiae in the urgent final hearing of proceedings to resolve the status of the Executive Committee of the NSW Liberal Party during the pre-selection phase of the last Federal election.
  • Hall vArnold Bloch Leibler: appeared for the partners of Arnold Bloch Leibler in representative proceedings brought in connection with Slater & Gordon’s acquisition of the Professional Services Division of Quindell plc.
  • ASIC v. GetSwift: appeared for one of three director defendants in regulatory proceedings brought by ASIC.
  • GetSwift class action: appeared for the director defendant in representative proceedings in connection with alleged breaches of continuous disclosure obligations.

Over the course of his career, Nicholas has appeared in many other large and complex cases, such as AUSTRAC’s prosecution of the CBA, class action proceedings arising from the sale of metal-on-metal hip replacement devices by Johnson & Johnson, the complex Boart Longyear scheme of arrangement proceedings, the claims arising out of the collapse of the Forge group, the prosecution by ASIC of the directors and officers of James Hardie, and a wide range of Commissions and Inquiries (including substantial experience appearing at ICAC).

In the past, Nicholas has been a Visiting Fellow at both the University of New South Wales and University College London where he taught private international law and international arbitration.