Rachel Giudicatti

Senior Associate

Qualifications: LLB (Distinction), BA

Practices

Rachel practises predominantly in general commercial litigation.

Rachel has experience in a wide range of matters including private client litigation, contractual, consumer law, estates and partnership disputes, regulatory investigations, and corporations matters.

Rachel has acted for and advised clients in a number of high profile matters, and large and complex commercial disputes and litigation. Rachel has acted in matters in multiple jurisdictions and courts and for government entities, corporations and high net worth individuals.

Experience

  • Undertaking the annual independent audit (ACCC-appointed) in respect of Metcash’s compliance with an undertaking provided to the ACCC arising from the acquisition of the Home Timber & Hardware Group.
  • Advising an insurance company in relation to a professional indemnity claim arising out of the $740 million sale of Griffin Coal, and in connection with high profile Supreme Court proceedings commenced by the purchaser for misleading and deceptive conduct.
  • Acting for a former director of a leading training organisation in Supreme Court proceedings concerning alleged breaches of vendor warranties and misleading and deceptive conduct, arising out of a multimillion dollar share sale.
  • Defending a major bank in a private commercial arbitration involving an unfair contract terms claim and allegations of misleading and deceptive conduct.
  • Acting for large companies in a number of Federal Court proceedings to obtain orders under the Corporations Act in relation to compliance with an ASIC Instrument.
  • Advising a major charitable organisation in relation to an ACCC investigation into alleged breaches of the Australian Consumer Law by an authorised agent.
  • Representing a large foreign exchange provider in a high profile Federal Court proceeding involving ASIC, in relation to alleged breaches of financial services licences, unconscionable conduct, and misleading and deceptive conduct.
  • Providing complex, strategic advice to an overseas client in relation to a Federal Court proceeding commenced by ASIC against various Australian entities for alleged breaches of financial services licences and other contraventions of the ASIC Act and Corporations Act.
  • Acting for a former employee of a leading foreign exchange provider in relation to an ASIC investigation and hearing concerning a banning order under the Corporations Act.
  • Acting for various private clients in relation to complex estate and partnership disputes.
  • Defending CITIC Pacific in a high profile Supreme Court contract dispute with Clive Palmer’s private company, Mineralogy Pty Ltd, in relation to the calculation of royalty payments arising from the multibillion-dollar Sino Iron mine.
  • Assisting CITIC Pacific in successfully opposing Mineralogy’s special leave application to the High Court in relation to the ownership and operation of the Port of Cape Preston.
  • Assisting in defending the executor and beneficiaries of a late billionaire’s estate (worth more than $800 million) in a high profile will dispute in the Supreme Court of Western Australia.

Professional Membership

  • Law Institute of Victoria
  • Victorian Women Lawyers

Latest thinking

Corporate & Commercial | 22 Jun 2021

Does your company rely on ASIC reporting relief? Key things you need to know

With the end of financial year around the corner for many companies, it is timely to consider the requirements of the ASIC Corporations (Wholly-owned Companies) Instrument 2016/785 and take action to rectify any noncompliance.