Freehills advises and acts for commercial interests when the exercise of government power is at issue. This can arise in many industries and in many contexts but the ultimate issue is about the use or abuse of power. It often arises in a regulatory context. For example:

• has a coercive information-gathering power been properly exercised?
• are conditions attached to a licence appropriate?
• does a losing tenderer have any right to compensation?
• how does a corporation resist the release of sensitive information under freedom of information laws to a competitor?
• is a corporation entitled to be heard before an adverse decision is made?
• can an adverse decision be challenged, and on what grounds?

Our regulatory and government affairs lawyers have particular experience in public and administrative law, involving challenges to government decisions in tribunals and courts.

Our corporate clients often have ongoing relationships with government. Before formal legal action, we will (if appropriate), attempt alternative means of resolution involving direct negotiation, mediation or arbitration.

Representation at commissions of inquiry and other government review mechanisms is something in which Freehills is well experienced.

Our ability to litigate the substantive legal issues involved in government regulation and decision-making, complements the regular legal and strategic advice which we provide.

The following are some examples of our public law projects. Freehills has acted for:

• QIC in connection with challenges to decisions by the Federal Transport Minister regarding the development of the Essendon Airport
• Gunns Ltd in relation the defence of development authorisations granted by the Federal Minister for Environment and Heritage in connection with the development of the Bell Bay Pulp Mill
• a major listed company in connection with the review of decisions by the Environmental Protection Authority to require the company to conduct remediation and clean up works
• the trustees of a prominent superannuation fund in connection with investigations conducted by Australian Securities and Investments Commission (ASIC) and Australian Prudential Regulation Authority (APRA) into the affairs of that fund’s directors, investment advisers and managers
• the trustees of numerous superannuation funds in connection with the judicial and administrative review of trustee discretions in various jurisdictions around Australia
• in relation to a significant number of freedom of information requests in the context of the Longford class action
• Airservices in the Hughes litigation in the Federal Court, a landmark case in government tendering and contracting
• Geosafe on a major contractual dispute with the Commonwealth involving the remediation of the Maralinga test site
• a number of corporations in challenging notices requiring the production of documents, information or requiring persons to attend to given evidence (ASIC; APRA; ACCC (Australian Competition and Consumer Commission))
• Australian Cement in the Administrative Appeals Tribunal in seeking diesel fuel rebates.

However well a matter may be managed, disputes can and do occur between business and government. Conflicts may arise in the areas of tendering, compliance and contracts, and advice may be required to maintain effective working relationships with government agencies.

Sometimes action to invalidate government decisions is necessary and Freehills has expertise in advising and acting in these circumstances.

As part of the highly resourced Litigation & Dispute Resolution group within Freehills, our public law litigators are experienced in determining the best course of action for a company in conflict with government, and from there, how to best represent the company's interests throughout the conflict resolution process.

Legal guides

Freehills has been recognised by the industry for our outstanding work in dispute resolution and commercial litigation:

• Asia-Pacific Legal 500, top tier ranking in Dispute Resolution 2004-2011
• Chambers Global, top tier ranking in Dispute Resolution, 2006–2008 and 2011
• Best Lawyers International, top-listed firm in Australia in Litigation, 2008–2011
• Best Lawyers International, top-listed firm in Australia in Customs and Excise 2010-2011
• PLC Which Lawyer?, top tier ranking in Dispute Resolution, 2006–2008 and 2010

Testimonials

• ‘The outstanding litigation team is co-ordinated, pragmatic, strategic and timely.’ ‘They maintain a culture which is not about making money but rather about providing top-quality service to their clients.’ Chambers Asia Pacific 2011
• Freehills ‘combines the clever thinking of smaller firms with the depth and breadth of a very large one’ Asia Pacific Legal 500 2010/2011
• ‘They focus on the outcomes to be achieved rather than the process. They don't think one or two steps ahead – their advice is always what will happen three or four steps ahead.’ Chambers Global 2010 
• The ‘exceptional’ Freehills is a ‘firm of choice’ for clients in major litigation, such as class action defence, providing ‘high levels of service, responsiveness and value’. Asia-Pacific Legal 500 2010 
• ‘excellent lawyers who always meet deadlines and are universally great to deal with.’ Chambers Global 2009 
• ‘The Dispute Resolution team at Freehills remains a strong choice for complex commercial disputes.’ Chambers Global 2009
• ‘… one of the country’s “pre-eminent litigation teams” due to its vast resources and wide-ranging experience’ Chambers Global 2008