Elizabeth Hilliard

Special Counsel
+61 3 8656 3440 +61 411 710 255 Melbourne
Expertise
Commissions + Inquiries
Disputes + Investigations
Regulatory Compliance + Enforcement
Biography

Elizabeth is a special counsel in the Disputes & Investigations group.

Elizabeth is an experienced litigator specialising in complex commercial dispute resolution and investigations, including multifaceted and long-running contractual disputes, financial sector litigation, regulatory investigations and proceedings, and public inquiries. Elizabeth has a deep understanding of how best to protect clients’ interests during the conduct of such matters, including in relation to discovery, privilege, confidentiality and settlement discussions, and has extensive experience with proceedings in both the Supreme Court of Victoria and the Federal Court of Australia.

Prior to joining Gilbert + Tobin, Elizabeth worked in the disputes team at the London office of a large global firm where she gained experience in significant cross-border disputes and regulatory investigations, primarily in the financial sector.

Elizabeth is also adept at dealing with the unique demands and issues arising in public inquiries, having been deeply involved in the News of the World phone hacking inquiry and related litigation in the UK and the Royal Commission into the Management of Police Informants in Victoria.

Elizabeth is well-versed in alternative dispute resolution including mediation and arbitration, and has co-authored the Australia chapter of the Chambers and Partners International Arbitration Guide.

Elizabeth holds a Bachelor of Laws (First Class Honours) from the University of Law (England and Wales), a Master of Arts (First Class Honours with Distinction) in English Literature and French from the University of Edinburgh, and a Post Graduate Certificate of Education (Distinction) from the University of Leeds.

Elizabeth's experience includes:

  • Acting for GTW Investments in successfully appealing the Victorian Supreme Court’s decision in GTW Investments (Aust) Pty Ltd v Pacreef Investments Pty Ltd [2023] VSCA 291 in relation to a dispute as to the application of a guarantee arrangement in respect of redeemable preference shares issued to Pacreef by another entity. The matter traversed complex issues of contractual and statutory interpretation.
  • Cargill Australia Limited v Viterra Malt Pty Ltd and ors: advising Cargill Australia Limited and Cargill Inc in Supreme Court proceedings in a large claim for damages concerning allegations of false and misleading statements by Glencore and Viterra Limited during the sale of the JWM malting business.
  • Australian Securities and Investments Commission v RI Advice Group Pty Ltd [2022] FCA 496: acting for RI Advice (a subsidiary of Insignia) in connection with an Australian first cybersecurity proceeding brought by ASIC alleging a failure to have in place adequate cybersecurity measures and that this amounted to a breach of section 912A of the Corporations Act 2001. The proceeding was settled with no penalty being issued against RI Advice.
  • Fonterra Brands (Aust) Pty Ltd v Bega Cheese Ltd [2021] VSC 75: acting for Bega Cheese Limited in successfully defending Supreme Court proceedings brought by Fonterra Brands (Aust) Pty Ltd for breach of Trade Mark Licence Agreements.
  • Advising the State of Victoria in relation to the Royal Commission into the Management of Police Informants which focused on the conduct of lawyer Nicola Gobbo, who provided information to Victoria Police about her clients, and the impact of this on the policing and legal framework more broadly.
  • Commonwealth of Australia v Essendon Airport Pty Ltd: Acting for the Commonwealth of Australia in Federal Court proceedings against Essendon Airport Pty Ltd in relation to a significant land tax dispute. The Commonwealth was successful in obtaining the declarations sought.
  • Advising Deutsche Bank in relation to a cross-border internal and regulatory investigation relating to the alleged manipulation of the gold and silver “fix” (the setting of London’s daily gold and silver price benchmarks).
  • Advising the Administrators of Lehman Brothers International (Europe) (in administration) in relation to various disputes with counterparties.
  • Advising News Corporation’s Management and Standards Committee in relation to its handling of the News of the World phone hacking case in respect of the Leveson Inquiry into the culture, practices and ethics of the British press; various investigations by the Metropolitan Police; multiple civil claims against News Corporation relating to phone hacking, and the compensation scheme set up by News Corporation’s Management and Standards Committee for eligible individuals whose phones had or may have been hacked.
  • Advising a multi-national manufacturer of machine elements in defending a cross-border claim for breach of contract and negligence in relation to defective products supplied for military use.
  • Faraday Development Limited v West Berkshire Council [2016] EWHC 2166: Acting for West Berkshire District Council in successfully defending a judicial review challenge by a developer against the Council’s decision to enter into a development agreement with a competitor. Faraday sought to argue that the Council had failed to take proper account of its duty to obtain best consideration for a development agreement in relation to a significant development area in Newbury. All grounds of Faraday’s application were dismissed.
  • Acting for the London Borough of Lewisham in defending an appeal and bringing a cross-appeal against decisions of the Information Commissioner in relation to freedom of information requests made by a journalist on behalf of Millwall Football Club in relation to the sale price agreed with a property developer for land next to Millwall’s stadium.