Will Atfield
Clayton Utz
Special Counsel
Melbourne
Recognised by peers as one to watch in Class Action Litigation
– Best Lawyers Australia
Overview
Experienced litigator, specialising in class actions and complex commercial disputes. Will has a particular interest in product liability and consumer law issues. He has a history of acting for clients in the pharmaceutical, medical device, automotive and consumer electronics industries.
Will becomes a partner on 1 January 2025.
Notable Work
- Bayer: acts in a class action commenced in the Victorian Supreme Court relating to the Essure contraceptive device.
- VW Group: acted in five class actions in the Federal Court of Australia, in respect of diesel emissions and regulatory issues.
- Johnson & Johnson Medical Pty Ltd, Ethicon Sàrl and Ethicon, Inc.: acted in a class action in the Federal Court concerning pelvic mesh medical devices.
- Product liability: acts for market-leading global Silicon Valley consumer electronics company in relation to several product liability proceedings involving lithium-ion batteries.
- Australian Consumer Law: acts for Australian and overseas clients in product liability, product safety and recall issues under the Australian Consumer Law.
- Illinois Tool Works: acted to recall multiple consumer goods that present a potential safety risk in Australia and New Zealand, and to design and implement a remediation scheme for products sold business-to-business.
- Automotive product liability: acts for Australian and international motor vehicle manufacturers with regards to product liability and owner care issues.
- Make-up and skincare products manufacturer: acts for a market-leading manufacturer in relation to product liability and regulatory compliance issues.
- Occupational health litigation: acts for clients in the defence of dust diseases claims in the Victorian Supreme Court and the NSW Dust Diseases Tribunal, especially those associated with occupational exposure to asbestos.
- Commonwealth Bank of Australia: acted in its response to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.
Insights
CFOs are no longer UFOs: Galactic class action is good to go with its common fund order
23 May 2024 | Article
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New product standards for furniture: navigating the new regime to address toppling furniture
21 May 2024 | Article
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Justice in the class action context: recent developments in litigation funding
24 Nov 2023 | Article
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"Soft class closure" orders increase the chance of settlement at mediation
20 Oct 2023 | Article
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The ACCC's product safety focus for 2023-24: consumers online, sustainability and infant safety
19 Jul 2023 | Article
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Litigation funders watching for certainty on common fund orders in class actions
30 Mar 2023 | 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 ACCC's product safety priorities for 2022/2023 – "Protecting Tomorrow's Consumers Today"
24 Jun 2022 | Article
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Can class action reform be expected from the new Labor Government - not a question of "if", but "when"?
26 May 2022 | Article
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Does the limitation clock tick on after an abandoned class action? The Federal Court has its say
12 May 2022 | Article
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After 30 years, class action regime still plagued with uncertainty
7 Mar 2022 | Article
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Supreme Court of Victoria grants first successful application to secure contingency fee class action funding arrangement
3 Mar 2022 | Article
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First contingency fee decision is another example of court discretion over funding class actions
28 Oct 2021 | Article
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Countdown continues until strict button battery standards become mandatory
22 Jul 2021 | Article
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Reforming Australia’s litigation funding and class actions 06: Common Fund Orders and legislative reform
27 May 2021 | Article
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Door shut for declassing motion in Richmond Valley Council v Jardine Lloyd Thompson
29 Apr 2021 | Article
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Product safety 101: Managing a recall to avoid crisis management
15 Apr 2021 | Article
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The ACCC's product safety focus in 2021: bikes, babies and button batteries included
1 Apr 2021 | Article
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Reforming Australia's litigation funding and class actions 02: increased regulation of litigation funding
18 Mar 2021 | 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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The divergence in the acceptance of Common Fund Orders continues post-Brewster – where to next?
28 May 2020 | Article
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Soft closure mis-deploys: another hurdle for class action settlements?
23 Apr 2020 | Article
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