Ian Bloemendal
Clayton Utz
Partner
Brisbane
We considered some tricky legal issues over the years (more than I expected in my lifetime), but I would not make a move without Ian's opinion as I trust and respect him immensely. Whatever the time of day or night he was needed, he was there.
– Client Quote
Overview
With over 33 years of experience, Ian is a distinguished commercial litigator known for his strong expertise in financial services disputes, regulatory investigations, joint venture disputes, trade practices, intellectual property, defamation/media and product liability. With extensive experience in project-managing complex litigation, he offers proactive, solution-oriented advice to clients dealing with intricate legal questions.
Notable Work
- Financial services litigation: Ian has a track record of acting for AFSL's (including class action litigation) in over 70 proceedings and associated negotiations/mediations in wealth management claims, derivatives litigation, market disclosure and/or regulatory investigations and actions against advisors/branches.
- Defamation: as part of his defamation practice, Ian is well-versed in advising on the complex issues social media posed in defamation cases. He has advised Facebook, represented a Queensland Premier in two high profile defamation claims, separately acted for Queensland Attorneys - General (from both major parties), represented the ATO Deputy Commissioner, the TGA, the Department of Defence, and advised the NDIS and Australian Government Solicitor on publication risks.
- State of Queensland: acted in various project or technology disputes, eg: the Airport Link Toll Road project, the South East Queensland Integrated Ticketing System Project Agreement (Go Card), a failure to achieve Go-Live for a new system required to modernise the management of Development Applications and over the scope, design and delivery of a TMS solution etc.
- Queensland Rail: provided representation at the Grantham Flood enquiry and defended flood litigation.
- Noosa Chocolate Factory: acted in Federal Court litigation to reclaim control of its website, domain name and social media accounts following the dismissal of a director.
- Safe Places Australia: successfully acted against former managers who had left to start a similar business following the discovery of confidential material being downloaded, applied for orders to trace and restrain use of confidential materials.
- Toy manufacturer: advised in relation to product recall issues arising from suspected lead contamination and co-ordinating responses for North America, Europe, Asia, Australia and New Zealand.
- Intellectual Property: Advises national and international companies on:
- trademark infringements and web domain name disputes. eg: Federal Court trade mark litigation for Gotzinger Smallgoods over the 'Gotzinger trademark', alleged groundless threats and TM register rectification.
- patent validity and infringement issues: eg, international explosives patents, international roller blind patents, a Vapor Heat Treatment Innovation Patent, Innovation Patents (Storage and Delivery System - method patent; Ingredient patent) for stable liquid compositions and a provisional patent application for a Liquid Thickener Concentrate.
- Mining/resources disputes: advises and acts for several companies including successfully defending an Australian mining company facing a $30 million damages claim for alleged misuse of market power, and previously acted for Vale SA in a $400 million+ mining joint venture claim over a refusal to agree to sign up to rail freight take or pay obligations for the transportation of coal.
- Energy sector: Led proceedings for a power generator seeking declarations related to inventory costs worth millions of dollars following the acquisition of a coal mine from an international mining company.
Insights
It's not enough to call someone a "Crim" or "Grub" to win a defamation case: Why you need more than hurt feelings
18 Dec 2024 | Article
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Don’t quote me… New South Wales Court of Appeal weighs in on use of direct speech in affidavit evidence
4 Oct 2024 | Article
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Early access: Queensland's revised preliminary disclosure rules are finally tested
23 May 2024 | Article
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Ten takeaways on the current state of serious harm in Australian defamation law
20 Dec 2023 | Article
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An expert's report vs a lawyer's file notes about it: what's privileged and protected from disclosure in Queensland?
7 Sep 2023 | Article
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Beware "agitators": when security for costs can be awarded against "natural persons"
19 Jul 2023 | Article
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A matter of expert opinion: how lawyers should engage with expert witnesses
26 May 2023 | Article
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It's not a lie, says generative AI: untruths, defamation and the use of ChatGPT
3 May 2023 | Article
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Using Mum or Dad's YouTube account has its risks – YouTube advertising and alcohol
8 Mar 2023 | Article
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Defamatory Google search results make it liable once again as a secondary publisher
2 Mar 2023 | Article
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Is Google the Internet’s librarian, or merely a tour guide? High Court rules Google is not a publisher in defamation
18 Aug 2022 | Article
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Poking the bear: taking (or avoiding) action to prevent aggravated damages in defamation claims as a secondary publisher
24 Jun 2022 | Article
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Boardroom wars, ASX announcements and defamation risk: when things go too far
31 Mar 2022 | Article
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"Artistic licence" in concerns notice destroys settlement in defamation claim
3 Feb 2022 | Article
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Too little too late to challenge findings of misleading conduct over financial products
3 Feb 2022 | Article
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Triviality vs serious harm: two very different approaches to skinning the defamation cat
3 Feb 2022 | Article
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Continuous disclosure trips up director who failed to act with care and diligence
23 Dec 2021 | Article
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Directors beware – selling unregistered therapeutic goods with exaggerated claims lead to significant penalties
23 Dec 2021 | Article
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Global freezing orders – the long arm of the law against international investors
23 Dec 2021 | Article
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Publisher's bewear: unintended typos could expose you to defamation action
28 Oct 2021 | Article
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Defamatory Tweets slam dunked: Brother of NBA star awarded $550,000 and injunction
30 Sep 2021 | Article
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Fake profiles beware: Google can be served with applications to expose the identity of internet trolls
30 Sep 2021 | Article
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ASIC's new regulatory guidance on breach reporting for AFS and credit licensees commences 1 October
10 Sep 2021 | Article
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You're the publisher of public posts on your social media pages, says High Court – but don’t panic just yet
8 Sep 2021 | Article
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YouTuber's proposed defamation defences knocked down by Parliamentary privilege
2 Sep 2021 | Article
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Massive penalties, more contracts caught by exposure draft legislation for unfair contract terms reform open for comment
24 Aug 2021 | Article
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"Did you see that story on her Instagram?!" – Instagram post provides basis for defamation suit
19 Aug 2021 | Article
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Hit-and-run reporting – raising the qualified privilege defence to a defamation claim
5 Aug 2021 | Article
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No consumer loss, profit, or knowledge a representation is misleading, but multi-million dollar penalty nonetheless
5 Aug 2021 | Article
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Google's defamation loss on gangland lawyer search results should make anyone hyperlinking more cautious
22 Jul 2021 | Article
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Journalism via Twitter, or Fake News? Social media and the limits of journalist privilege and anonymous informants
22 Jul 2021 | Article
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Good news for regulators: NSW Court of Appeal upholds ASIC's qualified privilege defence
22 Jul 2021 | Article
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Take note: Queensland introduces important amendments to defamation laws
29 Apr 2021 | Article
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ASIC's new immunity policy for market misconduct offences benefits individuals
24 Feb 2021 | Article
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Digital is forever, but time limits are not: the ins and outs of digital publication in defamation cases
26 Nov 2020 | Article
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"Uh, I don't know how the money came to be in my account": Security for costs order made against "impecunious" defendant
15 Oct 2020 | Article
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Conspiracy theories can be expensive: "disgraceful" and "inexplicable" Facebook posts lead to $875,000 in damages
1 Oct 2020 | Article
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OMG! Australia's first emoji defamation case – context can impute meaning
17 Sep 2020 | Article
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"Social lube" and milkshakes: the dangers that lie in naming a beer
6 Feb 2020 | Article
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Federal Court sets new ground rules for hearing defamation disputes
28 Nov 2019 | Article
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Hacked? Don't expect legal professional privilege to stop others using your documents, says High Court
14 Aug 2019 | Article
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But we didn’t write that! Are we at risk for third-party posts on our public social media pages?
11 Jul 2019 | Article
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Media Release: Legal industry peers rate Clayton Utz highly in the latest Best Lawyers Australia list
29 Mar 2019 | Media Release
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When auto-complete goes wrong: High Court gives green light to defamation action for Google search results
21 Jun 2018 | Article
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Hey, they're mine! What are accountant's liens, and what do they cover?
1 Mar 2018 | Article
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Mandatory data breach notification starts today ‒ are you ready?
22 Feb 2018 | Article
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Be careful what you click ‒ jurisdictional issues lurk when contracting online
28 Sep 2017 | Article
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Isn't a screenshot enough? Compiling evidence in online trade mark infringement proceedings
22 Jun 2017 | Article
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"But I want to keep making it!" Who owns a signature dish when the chef responsible moves on?
11 May 2017 | Article
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Clayton Utz lawyers among Australia's best, say industry peers
7 Apr 2017 | Media Release
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Legal professional privilege and deregistered companies: who holds the right to claim?
25 Jan 2017 | Article
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Your contract has expired? Watch out for these potential legal landmines
14 Apr 2016 | Article
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Litigation funding allowed by High Court: funder loses battle but wins war
30 Aug 2006 | Article
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