Nick Josey
Clayton Utz
Special Counsel
Brisbane
Nick fits that mould of a lawyer who provides the comfort of a partner – I cannot speak highly enough with how impressed the team members were with his knowledge and demeanour"
– Client Quote
Overview
With many years of experience in a wide variety of forms of litigation and dispute resolution, Nick has a demonstrated ability to find solutions to complex problems quickly and efficiently. Nick has a reputation for being able to adapt to the problem faced by his clients, regardless of the area of law or forum.
In particular, he has a strong understanding of the pressure and tension that his clients face when dealing with Royal Commissions, regulators and the like. Often, such dealings require the person responsible to either produce, or develop an understanding of, vast amounts of material in a very short amount of time. Clients know that they can trust Nick to both develop a strategy in which to respond to the regulator's requirements, and (often with the assistance of technology) deliver the required response.
Notable Work
- Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry: Responsible for assessing the validity of thousands of potential claims for relevance and legal professional privilege (in tight time frames) in response to Notices to Produce.
- Royal Commission into Aged Care Quality and Safety: Responsible for assessing the validity of thousands of potential claims for relevance and legal professional privilege (in tight time frames) in response to Notices to Produce.
- Queensland Rail:
- Advised on contractual termination risks and strategies in respect of an underperforming contractor on large-scale, multi-station works.
- Advised on multiple variations pursued by an underperforming contractor on large-scale, multi-station works (in a tight time frame).
- Commonwealth Bank of Australia - Royal Commission into Financial Services: A core team member that assisted CBA in its response to the Financial Services Royal Commission.
- Commonwealth Bank of Australia: A core team member assisting CBA in its response to notices to produce and requests for statements issued by ASIC involving various arms of CBA's business.
- Peabody Energy: Advised Peabody Wilpinjong Coal in respect of its long term Coal Supply Contract with AGL.
- South Bowen Coal Pty Ltd: Advised South Bowen Coal in respect of its successful exit from a joint venture with Bramhani Industries Australia Pty Ltd involving a coal tenement in Queensland.
- Almonty Industries: Advised Almonty Industries in respect of the obligations associated with its investments into Australia, including those arising under the Environmental Protection Act 1994 (Qld).
Insights
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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“Having a second crack”: the perils of trying to repair gaps in evidence on appeal
22 Aug 2024 | Article
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Media Release: Clayton Utz announces 1 July 2024 senior promotions
1 Jul 2024 | Media Release
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Early access: Queensland's revised preliminary disclosure rules are finally tested
23 May 2024 | 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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Time is important, but essentially how important? Understanding what "time is of the essence" means
25 Aug 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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Using Mum or Dad's YouTube account has its risks – YouTube advertising and alcohol
8 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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Litigation 101: Discovery – Understanding the process and obligations
9 Jun 2022 | Article
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Litigation 101 Series: You’ve been served with a subpoena, now what?
26 May 2022 | Article
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"Artistic licence" in concerns notice destroys settlement in defamation claim
3 Feb 2022 | 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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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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Issuing a purchase order: does it amount to an acknowledgement of debt?
13 May 2021 | Article
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Take note: Queensland introduces important amendments to defamation laws
29 Apr 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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ASIC's hard-line regulatory approach receives further endorsement
1 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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"Social lube" and milkshakes: the dangers that lie in naming a beer
6 Feb 2020 | Article
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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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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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