Peter Sise
Clayton Utz
Special Counsel
Melbourne
Overview
Peter is an experienced commercial litigator known for his expertise in trade practices law, class actions, M&A disputes, insolvency and regulatory investigations. He values resolving conflicts so that businesses can refocus on their core operations. Peter regularly contributes to peer-reviewed journals, speaks at conferences and has been involved in major law reviews, including the "Harper Review" of Competition Law and Policy and the Australian Consumer Law Review. He's also an editor of the trade practices commentary for Wolters Kluwer and an editor of LexisNexis publication, In-house Counsel.
As one of Australia's thought leaders in the field of unfair contract terms (UCTs), Peter has written numerous articles on UCTs, spoken at several events (including on ABC TV), and made submissions to law reform panels.
Peter also holds an Advanced Certificate in Insolvency from the Australian Restructuring Insolvency & Turn-around Association.
Notable Work
- Contract disputes: acted in court proceedings and arbitrations concerning leasing, the sale of businesses and a contractual claim against the State of Victoria for $540 million concerning the electronic gaming industry.
- Class actions: acted for Myer in the first shareholder class action to proceed to judgment in Australian history: TPT v Myer [2019] FCA 1747. Acting for Toyota in a class action concerning diesel vehicles: Williams v Toyota [2021] FCA 1425; [2023] FCAFC 50; [2024] HCA 38.
- Consumer protection: acted in regulatory proceedings regarding consumer protection: ACCC v iSelect [2020] FCA 1523 and ASIC v Port Philip Publishing Pty Ltd [2019] FCA 1483.
- Insolvency: acted for FTX Trading in the collapse of the FTX group: Re FTX Australia Pty Ltd [2023] VSC 788. Acted for the administrators in the administration of Dixon Advisory. Acted for Westpac in a complex insolvency dispute concerning the liquidation of a corporate group: Re Re Holdco Pty Ltd (No 2) [2021] FCA 377. Acted for CBA in a long running dispute arising from the collapse of a company during the GFC: Milfoil Pty Ltd v CBA [2016] VSC 223; [2017] VSCA 256; [2019] VSC 504; [2019] VSC 734; [2020] VSCA 223.
- Construction: acted in disputes and court proceedings concerning wind farms, offshore gas rigs and processing plants, rendering facilities and the make good of commercial property.
- Regulatory investigations: worked on investigations concerning insider trading, continuous disclosure, AFSL compliance, cartel conduct, resale price maintenance and acquisitions that may lessen competition.
- Corporate: worked on numerous M&A transactions by scheme of arrangement concerning ASX listed companies, including Crown Resorts, Toll, Link, Uniti, AWB and AXA.
Insights
ASIC v HCF: Is it misleading to propose a contractual term that is partially enforceable?
15 Nov 2024 | Article
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"Knowingly concerned in": the requirements for accessorial liability clarified by the High Court
22 Aug 2024 | Article
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Stop the clock: the Federal Court finds a clause limiting the time in which a claim may be brought is unfair and void
24 Jul 2024 | Article
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Drafting contracts containing unfair terms and the risk of pecuniary penalties
20 Mar 2024 | Article
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High Court ruling on foreign residents as group members in Australian class actions raises practical issues for respondents
12 Oct 2022 | Article
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The first appeals decision on a judgment in a shareholder class action and a win (of sorts) for plaintiffs
31 Mar 2022 | Article
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Australia's third judgment for a shareholder class action gives another win to listed entities
3 Mar 2022 | 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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The Federal Court applies the unfair contract term laws to some common provisions in finance agreements
19 Aug 2021 | Article
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Reforming Australia's litigation funding and class actions 03: continuous disclosure laws
15 Apr 2021 | Article
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Unfair contract terms 04: Indemnities and limitations of liability
15 Apr 2021 | Article
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Reforming Australia's litigation funding and class actions 01: multiple and competing class actions
4 Feb 2021 | Article
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Unfair contract terms 01: Getting ready for a big year of reforms
4 Feb 2021 | Article
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Crowley v Worley Limited: The second shareholder class action judgment
29 Oct 2020 | Article
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The Federal Court confirms some important points for directors and companies' continuous disclosure obligations
29 Oct 2020 | Article
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The implications of introducing contingency fees to Victorian class actions
15 Oct 2020 | Article
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The legal ramifications of a falsely applied electronic signature
1 Oct 2020 | Article
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Contingency fees now available for class actions in the Victorian Supreme Court, so expect more class actions
19 Jun 2020 | Article
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Is there a pot of gold at the end of the litigation rainbow? The latest on common fund orders
30 Apr 2020 | Article
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The laws on unfair contract terms will soon apply to contracts subject to the Insurance Contracts Act
16 Apr 2020 | Article
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ASX updates its continuous disclosure guidance after Australia's first judgment for a shareholder class action
6 Mar 2020 | Article
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Australia's first judgment in a shareholder class action endorses market-based causation and more
6 Mar 2020 | Article
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Did the High Court really strike down common fund orders in Brewster? Options emerge for class action litigation funders
21 Feb 2020 | Article
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Can I have your confidential information for my trial preparation? Full Federal Court weighs in
6 Feb 2020 | Article
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For whom the Bell tolls: it tolls for Chorley but not in-house lawyers' litigation costs
18 Oct 2019 | Article
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Multiple shareholder class actions: is consolidation better than picking a winner?
19 Sep 2019 | Article
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Potato case highlights one of the problems with the unfair contract term provisions
22 Aug 2019 | Article
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The Competition and Consumer Act and restraints of trade for workers: what do I need to know?
22 Aug 2019 | Article
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Limits on a former employee's confidentiality obligations in pre-trial litigation
25 Jul 2019 | Article
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Are we there yet? The wait for Australia's first judgment in a shareholder class action may soon be over
27 Jun 2019 | Article
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"Detriment" mightn't be that detrimental for the unfair contract term provisions
2 May 2019 | Article
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Do I have to defend all of these? What happens when a company faces multiple shareholder class actions
7 Feb 2019 | Article
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The ACCC and ASIC get new powers to investigate "unfair contract terms"
22 Nov 2018 | Article
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Grave consequences of participating in another’s breach of fiduciary duty
25 Oct 2018 | Article
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Will a successful defendant in a class action be awarded its costs? Don’t bank on it
25 Oct 2018 | Article
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Are non-disparagement clauses void under the Australian Consumer Law?
19 Jul 2018 | Article
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Can a large business also be a small business protected by the unfair contract term laws in the Australian Consumer Law?
26 Apr 2018 | Article
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Pokies player loses case in the Federal Court that a poker machine is misleading or deceptive
1 Mar 2018 | Article
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Online reviews: don't get tripped up by the Australian Consumer Law
1 Feb 2018 | Article
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Which parts of the Australian Consumer Law are going to be amended? The Ministers decide
28 Sep 2017 | Article
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The final report into the Australian Consumer Law says … tougher penalties!
11 May 2017 | Article
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