Professional practice

Shane Doyle has a large commercial practice covering a wide range of advisory work and appeal and trial work in all courts, in arbitrations and in various Commissions. His practice includes advising on and appearing in a variety of competition law matters and in regulatory pricing reviews.

He practices from Level Twenty Seven Chambers (Brisbane), 5th Floor Selborne Chambers (Sydney) and Essex Court Chambers (London). He is a former President of the Bar Association of Queensland.

He is selected as a leading QC for Dispute Resolution, Construction & Infrastructure (Band 1) and Restructuring/Insolvency (Band 1) by the 2017 edition of Chambers & Partners Asia Pacific. He is also recommended as a leading QC for Dispute Resolution by Chambers & Partners Global 2017. Shane has recently been nominated as one of only four leading arbitration barristers in Australia by Who’s Who Legal: Arbitration 2017 and is listed in eight individual practice areas by the latest edition of Doyle’s Guide (for further details see the recommendations section below). In 2014 and 2017, he was chosen as the Brisbane Competition Law ‘Lawyer of the Year’ by Australian Financial Review’s Best Lawyers and in 2016 as ‘Lawyer of the Year’ for Bet- the-Company Litigation.

 

Examples of notable cases

Principal Properties Pty Ltd v Brisbane Broncos Leagues Club Ltd [2017] QCA 254
October 2017
https://archive.sclqld.org.au/qjudgment/2017/QCA17-254.pdf

Berhane v Woolworths Ltd [2017] QCA 166
August 2017
https://archive.sclqld.org.au/qjudgment/2017/QCA17-166.pdf

Credit Suisse AG, Sydney Branch v Springsure Property Holdings Pty Ltd (in liquidation)[2017] QSC 142
June 2017
http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QSC/2017/142.html

Trina Solar (US), Inc v Jasmin Solar Pty Ltd[2017] FCAFC 6
March 2017
http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCAFC/2017/6.html

Westpac Banking Corporation v Zilzie Pty Ltd[2016] QSC 238
October 2016
https://archive.sclqld.org.au/qjudgment/2016/QSC16-238.pdf

Callide Power Management Pty Ltd v Callide Coalfields (Sales) Pty Ltd; CS Energy Ltd v Callide Coalfields (Sales) Pty Ltd (No5) [2016] QSC 199
August 2016
https://archive.sclqld.org.au/qjudgment/2016/QSC16-199.pdf

Robinson Helicopter Company Incorporated v McDermott (2016) 331 ALR 550; (2016) 90 ALJR 679;[2016] HCA 22
June 2016
http://eresources.hcourt.gov.au/downloadPdf/2016/HCA/22 

Lee v Abedian [2016] QSC 92
April 2016
https://archive.sclqld.org.au/qjudgment/2016/QSC16-092.pdf

Commissioner of Taxation v Australian Building Systems Pty Ltd [2015] HCA 48
December 2015
http://www.hcourt.gov.au/assets/publications/judgment-summaries/2015/hca-48-2015-12-10.pdf

IBM Australia Ltd v State of Queensland [2015] QSC 342
December 2015
https://archive.sclqld.org.au/qjudgment/2015/QSC15-342.pdf

Robinson Helicopter Company Incorporated v McDermott [2015] HCATrans 274
October 2015
http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCATrans/2015/274.html

Ferguson v Mules [2015] HCATrans 272
October 2015
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCATrans/2015/272.html?stem=0&synonyms=0&query=mules

LM Investment Management Ltd) v Whyte (receiver of the LM First Mortgage Investment Fund) [2015] QSC 283
October 2015
http://classic.austlii.edu.au/cgi-bin/sinodisp/au/cases/qld/QSC/2015/283.html?stem=0&synonyms=0&query=LM%20Investment%20whyte%20doyle%20qc

Commissioner of Taxation v Australian Building Systems Pty Ltd (in liq) [2015] HCA Trans 82
April 2015
http://www5.austlii.edu.au/au/other/HCATrans/2015/82.html

Westpac Banking Corporation v Jamieson & Ors [2015] QCA 500
April 2015, Banking, Appellate

AGL Sales (Qld) Pty Ltd v Westside Corporation Ltd [2015] QSC 70
April 2015, Contract, Resources & Energy

Mackay Sugar Ltd v Quadrio [2015] QCA 41
March 2015, Contract

Mules v Ferguson [2015] QCA 5
February 2015, Professional Negligence, Appellate

Gladstone Area Water Board v AJ Lucas Operations P/L [2014] QSC 311
December 2014, Contract

Re RiverCity Motorway Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) (2014) 318 ALR 226
September 2014, Corporations, Corporate Insolvency & Bankruptcy

Mid Brisbane River Irrigators Inc v The Treasurer and Minister for Trade of the State of Qld & Ors [2014] QSC 196
August 2014, Judicial Review & Administrative Law, Trade Practices & Competition

Siemens Limited v Forge Group Power Pty Ltd (in liq) [2014] QSC 184
August 2014, Building & Construction

ATS Pacific Pty Ltd v Commissioner of Taxation [2014] FCAFC 33
March 2014, Tax, Appellate

Meijer (Executors, Estate of Hendrik van Leeuwen Dec’d) v Zabusky[2014] QCA 40
March 2014, Commercial Equity, Contract

Australian Building Systems Pty Ltd v Commissioner of Taxation [2014] FCA 116
February 2014, Tax, Appellate

Papale & Ors v Sucrogen Ltd & Anor [2015] QSC 21
February 2014, Trade Practices & Competition

Remondis Australia Pty Ltd v. Ipswich City Council [2014] QSC 27
February 2014, Judicial Review & Administrative Law, Land Law & Property

Australian Competition and Consumer Commission v Flight Centre Limited (No 2) (2014) 307 ALR 209; (No 3) [2014] FCA 292
December 2013, Trade Practices & Competition

Queensland North Australia Pty Ltd v Takeovers Panel [2014] FCA 591
July 2013, Corporations, Judicial Review & Administrative Law, Appellate

Queensland Health Payroll System Commission of Inquiry (2013)
July 2013, Contract, Intellectual Property, Inquiries & Coronial Inquests

Australian International Islamic College Board Inc IA 30976 v Kingdom of Saudi Arabia & Anor [2013] QCA 129
May 2013, Appellate, Contract, International

Knott Investments Pty Ltd & Ors v Fulcher & Ors [2013] QCA 67
April 2013, Trade Practices & Competition, Appellate

Waratah Coal Pty Ltd v Nicholls [2013] QSC 68
March 2013, Corporations, Judicial Review & Administrative Law

LPD Holdings (Aust) Pty Ltd & Anor v Phillips, Hickey and Toigo & Ors [2013] QSC 30
February 2013, Corporations

Origin Energy Electricity Ltd & Anor v Queensland Competition Authority & Anor[2012] QSC 414
December 2012, Judicial Review & Administrative Law, Resources & Energy, Trade Practices & Competition

AET SPV Management Pty Limited v Wildfire Amusements Pty Ltd [2012] QSC 402
December 2012, Land Law & Property, Contract, Corporate Insolvency & Bankruptcy

Commissioner of Taxation v Clark (No 2) [2011] FCAFC 140
November 2012, Tax, Appellate

Tonto Home Loans Australia Pty Limited v Tavares; Firstmac Limited v Di Benedetto; Firstmac Limited v O’Donnell [2012] HCATrans 165
June 2012, Contract

Gough v South Sky Investments Pty Ltd [2012] QCA 161
June 2012, Contract, Appellate, Land Law & Property

ATS Pacific Pty Ltd v Commissioner of Taxation [2013] FCA 341
June 2012, Tax, Appellate

Re Alinta Sales Pty Ltd (No 2) [2012] ACOMPT 13
June 2012, Trade Practices & Competition

Application by WA Gas Networks Pty Ltd (No.3) [2012] ACompT 12
May 2012, Trade Practices & Competition

Application by Energex Ltd (Gamma) (No5) [2011] ACompT 9
May 2012, Trade Practices & Competition

Sucrogen Australia Pty Ltd v. Westpac Banking Corporation & Anor [2011] QSC 393
December 2011, Land Law & Property, Banking

Commissioner of Taxation v Clark [2011] HCATrans 236
September 2011, Tax

BHP Coal Pty Ltd v Minister for Natural Resources, Mines, Energy and Minister for Trade[2011] QSC 246
August 2011, Judicial Review & Administrative Law, Resources & Energy

Advance Traders Pty Ltd v McNab Constructions Pty Ltd & Anor [2011] QSC 212
August 2011, Building & Construction

Australian Energy Regulator v Stanwell Corporation Limited [2011] FCA 991
August 2011, Resources & Energy, Trade Practices & Competition, Appellate

Application by Energex ltd (Distribution (Gamma)) (No3) [2010] ACompT9
December 2010, Trade Practices & Competition

Application by Energex Ltd (No2) [2010] ACompT 7
October 2010, Trade Practices & Competition

Chief Executive, Department of Natural Resources and Mines v Kent Street Pty Ltd[2010] QCA 56
March 2010, Appellate, Land Law & Property

Cassels & Anor v Brisbane City Council [2009] QSC 124
May 2009, Land Law & Property, Judicial Review & Administrative Law

Callide Coalfields (Sales) P/L v CS Energy Ltd [2008] QCA 408
December 2008, Contract, Resources & Energy, Appellate

PT Limited & Westfield Management Limited v Department of Natural Resources and Mines [2007] QLAC 0077
October 2007, Land Law & Property

Westfield Management Ltd v Brisbane Airport Corporation Ltd [2005] FCA 32
February 2005, Land Law & Property, Judicial Review & Administrative Law

Wik Peoples v State of Queensland & Ors B8/1996 [1996] 187 CLR 1
June 1996, Appellate, Land Law & Property

Appointments

2014–2015 President, Bar Association of Queensland

2002–2008, 2011–Nov 2015 Member of the Bar Council in Queensland

2013–2014 Vice President, Bar Association of Queensland

1996–2014 Chairman, Bar Association Commercial Law Committee

Recommendations

 

Nominated as one of only four leading arbitration barristers in Australia by Who’s Who Legal: Arbitration 2017

 Recommended for Dispute Resolution in Chambers & Partners Asia-Pacific:

  • 2017 “the clear leader of the Queensland Bar” and “confidence that he will do an exceptional job every time
  • 2016 “pre-eminent in the Brisbane market – the first name on every solicitor’s lips
  • 2015 “extraordinary intellect, outstanding knowledge of the law and extraordinary work ethic” and “extremely strong in cases involving complex economic issues”

Recommended (Band 1) for Construction & Infrastructure in Chambers & Partners Asia-Pacific:

  •  2017 “a world-class commercial practice” and “his advocacy is widely regarded as the best in the country, the best in Queensland for sure and, clearly, he has a fine legal brain and is good on strategy – a go-to for extremely hard or complex matters”

 Recommended (Band 1) for Restructuring/Insolvency in Chambers & Partners Asia-Pacific:

  •  2017 “a brilliant and exceptional advocate who has a great sense of authority and is very knowledgeable”.

Recommended for Dispute Resolution in Chambers & Partners Global:

  • 2017 “a go-to for extremely hard or complex matters“. 2016 “formidable advocate“.
  • 2015 “very experienced in a broad range of areas, particularly large commercial disputes”.
  • 2014 “pre-eminent senior counsel”.

 Recommended for Arbitration in Doyle’s Guide:

  • 2017 (Australia) – Leading

Recommended for Commercial Litigation & Disputes in Doyle’s Guide:

  • 2017 (Australia) – Leading
  • 2017 (Queensland) – Market Leader 2016 (Queensland) – Market Leader 2015 (Queensland) – Preeminent 2015 (Australia) – Preeminent

Recommended for Construction & Infrastructure in Doyle’s Guide:

  • 2017 (Queensland) – Preeminent 2017 (Australia) – Leading
  • 2016 (Queensland) – Preeminent
  • 2015 (Queensland) “the unquestioned first choice”
  • 2015 (Australia) – Preeminent 2014 (Queensland)

Recommended for Insolvency & Reconstruction in Doyle’s Guide:

  • 2017 (Australia) – Leading
  • 2017 (Queensland) – Market Leader 2016 (Australia) – Leading
  • 2016 (Queensland) – Market Leader 2015 (Queensland) – Market Leader
  • 2015 (Australia) – Preeminent Recommended for Insurance in Doyle’s Guide:
  • 2017 (Queensland) – Recommended 2016 (Queensland) – Recommended

Recommended for IP & TMT in Doyle’s Guide:

  • 2016 (Queensland)

Recommended for Planning & Environment in Doyle’s Guide:

  • 2017 (Queensland) – Recommended Recommended for Wills & Estates in Doyle’s Guide:
  • 2016 (Queensland)

Recommended in Australian Financial Review’s Best Lawyers since 2013.

  • 2018 (Bet-the-Company Litigation, Commercial Law, Competition Law, Construction & Infrastructure, Litigation and Oil & Gas)
  • 2017 (Bet-the-Company Litigation, Commercial Law, Competition Law, Construction & Infrastructure, Litigation)

 

Arbitration & related court applications

He has acted in numerous commercial arbitration cases over a wide range of fields, both national and international. Issues raised have included insurance, public and private international issues, banking, commodities and energy, power supply projects and general contractual matters.

Commercial dispute resolution

Shane has advised and appeared in key cases in all areas of insurance, general contractual litigation, banking, and corporate disputes including oppression proceedings, claims for director’s breach of fiduciary and duties and majority/ minority shareholder disputes of all kinds. He is also experienced in matters concerning professional negligence of all kinds (solicitors, engineers, valuers, and accountants)

Commercial litigation & civil fraud

Shane has advised and appeared in key cases in all areas of insurance, general contractual litigation, banking, and corporate disputes including oppression proceedings, claims for director’s breach of fiduciary and duties and majority/ minority shareholder disputes of all kinds. He is also experienced in matters concerning professional negligence of all kinds (solicitors, engineers, valuers, and accountants).

 

Company takeovers & mergers

He has advised and appeared in many cases involving takeovers, schemes of arrangement and mergers of listed Australian and international companies.

Constitutional law

Shane has been called on to advise upon the validity or otherwise of legislative and administrative acts, both federal and state, and to appear in matters which involve constitutional issues at various

Energy & natural resources

He has advised and appeared in a raft of cases dealing with issues of energy and commodities supply, for example, gas price fixing, coal mines ownership and management, electricity and concrete supply and regulation, and important cases dealing with freight and passenger transport infrastructure.

Equity & trusts

Shane lectured in Equity prior to commencing practice at the Bar, and has since advised and appeared in large numbers of matters involving claims under: express trusts (against trustees, proceedings for the administration of trusts, the removal of trustees or directions); for the imposition of constructive trusts in a wide range of circumstances (including arising from breaches of fiduciary duties by directors, agents, joint ventures or other contracting parties, family or similar relationships); and for other forms of equitable relief (including accounts and enquiries, compensation, injunctions).

Taxation

Shane has advised and appeared both for individuals, companies and the Australian Commissioner of Taxation in a range of cases concerning income, stamp duties, GST and indirect taxation matters.

Career

2001 Call to the Bar of England & Wales

1995 Senior Counsel, Queensland

1987 Barrister, Queensland

1985 Clayton Utz Solicitors

1982 Partner, Power & Power Solicitors, Brisbane

Education

 

1985 BCL, Magdalen College, Oxford University

1980 LLB (First Class Honours), University of Queensland

1977 BEcon, University of Queensland

Awards

 

2017 Australian Financial Review’s Best Lawyers 2017 Brisbane Competition Law Lawyer of the Year.

2016 Australian Financial Review’s Best Lawyers 2015-2016 Brisbane ‘Bet-the-Company’ Lawyer of the Year.

2014–2015 Australian Financial Review’s Best Lawyers 2014-2015 Brisbane Competition Law Lawyer of the Year.

1985 Dr Morris Award (Oxford University).

1984 British Council Commonwealth Scholarship.

1981 University of Queensland Medal (Law).

 

Publications

 

Estoppels in a Commercial Setting
October 2016, Contract

Emerging Trends in Arbitration in Europe and Lessons for Arbitration in Australia
August 2014, Arbitration, International

Aspects of the Application of the Civil Liability
July 2014, Building & Construction

Formation and Interpretation of Contracts
November 2012, Contract

Contractual Damages and Penalties
November 2012, Contract