Yvette Fenton
Clayton Utz
Special Counsel
Perth
Overview
Yvette is a commercial disputes specialist, with expertise in complex disputes involving multiple stakeholders in the mining and resources sector, and insurance disputes.
Yvette has significant experience resolving and managing disputes at all stages, from inception to negotiation, mediation, settlement, litigation, and enforcement. She brings a commercially sensible approach to dispute resolution, focusing on proactive, efficient, and early resolution of disputes, as well as strategic management of major litigation.
Yvette becomes a partner on 1 January 2025.
Notable Work
- Wright Prospecting Pty Ltd: acts as the plaintiff in high-value, complex litigation in relation to royalties and proprietary rights to the Hope Downs mining tenements in Western Australia.
- Kaboko Mining Ltd: acted in Federal Court proceedings against an insurer in relation to an insolvency exclusion in a D&O insurance policy. The claim was successful at first instance and on appeal.
- Wright Prospecting Pty Ltd: acted in litigation against the Rio Tinto group regarding disputed iron ore tenements in the Pilbara region of Western Australia.
- Western Australian government authority: Acted in relation to a dispute with a key services provider regarding upgrade to major public infrastructure, including advice on legal position and avenues for resolution.
- Major mining services provider: acted in an internal fraud investigation. Worked together with forensic accountants and the WA Police to obtain Court remedies such as freezing orders.
- WA co-operative: Provided ongoing insurance advice in respect of disputed insurance claims regarding product loss as a result of a defectively constructed storage facility.
Insights
Important commercial purpose of D&O liability insurance upheld in "insolvency exclusion" case
7 Feb 2019 | Article
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