Elizabeth Docker

Senior Associate

Qualifications: LLB (Hons), BA

Fluent in: German - Conversational

Practices

Elizabeth is a commercial litigation lawyer who specialises in corporate and commercial dispute resolution, with a particular focus on contractual and financial services disputes, corporations law (including directors’ duties and regulatory investigations), consumer law, equity, real property disputes and insolvency. Elizabeth has represented both public and private companies in the Supreme Court and Federal Court, as well as at arbitration, across a range of industries including financial services, health, infrastructure, mining, technology and property. Elizabeth has been involved in a number of large-scale matters involving complex issues.

Elizabeth is a member of the Women Lawyers Association NSW and is the President of Ladies Insolvency Professionals, an association which runs networking events for women in the insolvency industry

Experience

  • Acting for Hanes Group entities in defence of Federal Court proceedings brought against them by Wesfarmers for alleged breaches of warranties and misleading and deceptive conduct arising out of the sale of Hanes’ Workwear business to Wesfarmers in late 2014.
  • Acting for the former CEO and CFO of Dick Smith in proceedings brought against them by NAB and HSBC alleging misleading and deceptive conduct in connection with the entry into and extension of finance facilities with Dick Smith.
  • Acting for liquidators in proceedings brought against the directors and shadow directors of four companies for alleged insolvent trading, uncommercial transaction and unreasonable director-related transaction claims.
  • Acting for Retail Employees Superannuation Trust (REST) in proceedings brought against it in the Supreme Court of South Australia by Romeos Retail Group to recover superannuation contributions alleged to have been paid by mistake.
  • Acting for two directors and the company secretary of Wollongong Coal Limited (WCL) in defence of a cross-claim brought by a previous director of WCL seeking equitable contribution in respect of any liability to WCL for alleged breaches of the director’s fiduciary duties.
  • Acting for a lessee in defence of proceedings brought by the lessor for possession on the basis of alleged breaches of the lease arising out of the fit-out and use of the premises.
  • Acting for Rio Tinto Minerals Inc. in successfully defending ICC arbitration proceedings arising out of the sale of a subsidiary.
  • Acting for Judith Swan in successfully defending a $12 million claim for insolvent trading brought by the liquidator of Swan Services Group on the basis of an allegation that Ms Swan was a de facto director of the Group.
  • Acting for current and former directors of a listed company in responding to an ASIC investigation into alleged breaches of directors duties and market manipulation.
  • Acting for Bellbird Ridge Pty Ltd (Johnson Property Group) in Supreme Court proceedings challenging the Office of State Revenue’s refusal to apply the primary production exemption of the State’s land tax legislation in relation to a parcel of land proposed for development.
  • Acting for Calvary Health Care in Supreme Court proceedings arising out of lease finance agreements it had rescinded on grounds including the financier’s agent’s misleading conduct.
  • Acting for Pittwater Radiology Partnership (now PRP Diagnostic Imaging Pty Ltd) in Supreme Court proceedings against a healthcare corporation concerning the operation of restraint clauses on the termination of their relationship.

Latest thinking

Thinking | 16 May 2018

Challenges to court-appointed receivers’ remuneration

Say Enterprises has successfully challenged a claim by its former receivers and managers seeking approval of their remuneration in the sum of $94,242.79 and that they be justified in paying disbursements, the most significant of which was $35,831.64 of legal fees.