Cain Sibley

Clayton Utz
Partner Canberra
Overview

Cain is a leading public law and litigation lawyer and a trusted adviser to governments. He is known for his calm and considered approach to litigation, and brings his knowledge both of government and litigation when advising clients on making difficult or contentious administrative decisions.

Cain is the National Practice Group Leader of the Public Sector team.

Notable Work
  • Judicial review: acted in a large number of proceedings in the Federal Court for a range of government clients.
  • Legislation: advised clients on decisions and processes under legislation.
  • Reviews: delivered major strategic reviews and assessments for governments. He has worked on several high-profile reviews and reports for governments.
  • Privacy: conducted privacy impact assessments on major projects. Cain has supported his clients in service delivery reform and ICT project implementation through robust and pragmatic privacy impact assessments.
  • Merits review: conducts merits review matters in the Administrative Appeals Tribunal, in matters spanning everything from food, to the importation of CITES species to open cut coal mines.
  • Data breaches: acted for several private and public sector clients in relation to data breaches, including cyber-attacks. Cain’s role has included providing advice on breach containment and notification obligations.
Insights
Try and try again? Remaking decisions and the doctrine of functus officio
22 Nov 2023 | Article
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Attorney-General releases report following two-year review of the Privacy Act
16 Feb 2023 | Article
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Important changes to the Privacy Act, including significantly increased penalties – so start getting ready now
31 Oct 2022 | Article
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Public Law Essentials 07: What happens when things go wrong?
19 Oct 2022 | Article
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Public Law Essentials 06: Statements of Reasons
16 Sep 2022 | Article
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Thomson Reuters Agricultural Law in Australia Guide
1 Sep 2022 | Article
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Failure to afford procedural fairness will generally be material: High Court
18 Aug 2022 | Article
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Public Law Essentials 05: Procedural fairness
4 Aug 2022 | Article
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Public Law Essentials 04: Enforcement and regulatory decision-making
21 Jul 2022 | Article
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Public Law Essentials 03: Legislation and the legislative process
7 Jul 2022 | Article
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Public Law Essentials 02: Delegations and authorisations
24 Jun 2022 | Article
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Public Law Essentials 01: Remaking decisions
9 Jun 2022 | Article
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The New Brooms – anticipating the Royal Commissions and inquiries
26 May 2022 | Article
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Media Release: Clayton Utz claims over 200 spots in The Best Lawyers in Australia and inaugural 'Ones to Watch' 2023 Editions
21 Apr 2022 | Media Release
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Five Federal budget sweeteners and what it means for agriculture
1 Apr 2022 | Article
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Don't be so reckless: Applying the re-enactment presumption in statutory interpretation
14 Oct 2021 | Article
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High Court split on implied freedom of political communication shows the debate is still not settled
8 Jul 2021 | Article
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All care: Royal Commission looks to aged care overhaul
4 Mar 2021 | Article
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Webinar: Admin Law A Year in Review - 2021
25 Feb 2021 | Article
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Government services 5 Minute Fix 05
18 Aug 2020 | Article
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Thomson Reuters Practical Law Agriculture law global guide 2020
20 Jul 2020 | Article
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Administrative law updater: Of knights and dames: Letters from Australian Prime Ministers to the Queen
25 Jun 2020 | Article
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Administrative law updater: The Palace Letters released
25 Jun 2020 | Article
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Government services 5 Minute Fix 04
25 Jun 2020 | Article
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Administrative law updater: The perils of procrastination
28 May 2020 | Article
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The Constitutional limits on defining an "alien"
5 Mar 2020 | Article
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Media Release: Clayton Utz appoints leading public law litigator Ian Temby as a partner in Canberra
7 Feb 2020 | Media Release
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Government Services 5 Minute Fix 02
12 Dec 2019 | Article
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Administrative law mythbuster no 02: Kioa v West
14 Nov 2019 | Article
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Administrative law updater: Judicial review of prerogative powers
18 Oct 2019 | Article
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Administrative law mythbuster no 01: Wednesbury
19 Sep 2019 | Article
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Administrative law updater: Lawfulness of government policy guiding a decision-maker's discretion
5 Sep 2019 | Article
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Commonwealth entities must prepare now - overhaul of rights to review Commonwealth procurement decisions is here
19 Oct 2018 | Article
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Overhaul of Commonwealth procurement on the way, so get ready now
26 May 2017 | Article
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What about me? The Full Federal Court says personal information must be "about an individual"
2 Feb 2017 | Article
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