Clayton Utz

Clayton Utz is an Australian law firm headquartered in Sydney, Australia.[6] Established in 1833, it is one of the Big Six Australian law firms.

Clayton Utz
Headquarters1 Bligh Street
Sydney, Australia[1]
No. of offices6
No. of employees1,200+
Major practice areasFull service commercial law[2]
Revenue AUD$436 million (2013)[3]
Profit per equity partnerAUD$1.5 million (2011/12)[4]
Date founded1833[5]
FounderBob Nichols
Company typePartnership
WebsiteClaytonutz.com

As of 2013, the firm has an annual revenue of $436 million, 175 partners and 1,200 personnel in six offices.[7][3]

Operations

Clayton Utz is a full-service law firm, and provides legal services in a wide variety of practice areas. The primary focus of the firm is in the realm of commercial law, although it has broad competence in a large number of practice areas.[note 1]

The firm manages the affairs of clients across jurisdictions, and retains dual-qualified lawyers.[note 2] It is a member of international legal networks such as Lex Mundi and the Pacific Rim Advisory Council.[8]

The firm has undertaken several high-profile matters including Toll Holdings' takeover of Patrick Corporation,[9] Mayne Group's de-merger,[10] and Tattersall's historic A$2.17 billion IPO and listing.[11] The firm's corporate team has acted for AMP on its A$14 billion acquisition of AXA Pacific Holdings and represented the Singapore Exchange on its proposed merger with ASX.

Notable clients of the firm include Noble Group, Barrick Gold and Fortescue Metals.[12]

Pro bono work

The firm provides pro bono legal services supporting charities, non-profits, and vulnerable clients. The firm claims to average over 50 hours of pro bono work per lawyer at the firm. It employs two partners to run its pro bono practice, which was established in 1997.[13] Although the firm is required to undertake a certain amount of pro-bono work to be eligible for government tenders, it is likely that it exceeds those requirements.[14]

Social responsibility

In March 2010, the firm launched an action plan to reconcile with Indigenous Australians.[15] The firm fully offsets its carbon emissions.[16]

Controversies

McCabe v British American Tobacco

It has been alleged that the firm arranged for its clients to destroy legally damaging documents. These allegations arose out of a litigation brought by a smoker Rolah McCabe, against British American Tobacco in 2002. The residing judge for the trial found that Clayton Utz had enabled BAT to engage in a document retention policy which destroyed documents implicating the company. On appeal it was found that the firm's conduct was not unlawful.[17] The court's reasoning was described in the Sydney Morning Herald as 'profoundly unsatisfying'. In reaction to the decision, Victorian laws about document retention were strengthened by parliament.[18]

In 2006 it was revealed that an internal investigation by Clayton Utz had implicated its partner; finding he had engaged in professional misconduct. That partner, Glenn Eggleton, was found to have given 'potentially perjurious' evidence, and to have taken advantage of McCabe's limited life expectancy while conducting the litigation. Eggleton denied these allegations.[19]

In the aftermath of the McCabe litigation Clayton Utz closed its tobacco claims practice.[20]

Sexual harassment allegations

In 2011 Clayton Utz was sued in negligence for having failed to prevent sexual harassment at the firm. Emails had been circulated among graduate lawyers in the firm about another female graduate lawyer.[21] Clayton Utz was found not liable, as the court did not find that its partners ought reasonably to have prevented the correspondence.[22] The lawyer subject to the lawsuit resigned shortly after settlement of the suit.

Alumni

Notable alumni of the firm include:

Awards

Clayton Utz was named Australian Law Firm of the Year at the 2018 Chambers Asia-Pacific Awards.

Notes
  1. Areas of practice known to be practiced by Clayton Utz include: banking and finance, capital markets and securities, competition, compliance, construction and projects, corporate / mergers and acquisitions, environment and planning, insurance, intellectual property, international arbitration, legal technology support, litigation and dispute resolution, native title, product liability, real estate, restructuring and insolvency, taxation, telecommunications, media and technology, and employment/industrial relations law.
  2. Jurisdictions in which the firm regularly deals include the United States, the United Kingdom, Hong Kong, China, Indonesia, Japan and India

References
  1. "Archived copy". Archived from the original on 21 August 2015. Retrieved 30 August 2015.CS1 maint: archived copy as title (link)
  2. "Clayton Utz Expertise - Expertise - Clayton Utz". Claytonutz.com. Retrieved 17 October 2016.
  3. "Clayton Utz suffers 4pc revenue decline amid job cuts". Afr.com. 6 September 2013. Retrieved 17 October 2016.
  4. "How much do lawyers earn?". Afr.com. 13 September 2012. Retrieved 17 October 2016.
  5. "Lex Mundi: The Worlds Leading Law Firm Network". Lexmundi.com. Retrieved 17 October 2016.
  6. "BNP Paribas eyes Sydney O'Connell Street office address". Theaustralian.com.au. Retrieved 17 October 2016.
  7. "Independent law firms: The case for staying local". Brw.com.au. 15 August 2013. Retrieved 17 October 2016.
  8. "Chambers and Partners directory". Chamber and Partners. Archived from the original on 16 July 2011. Retrieved 23 March 2011.
  9. Kirsty Simpson; Rod Myer; Malcolm Maiden (13 May 2006). "Crash of the Titans". The Age.
  10. "ASX announcement and media release". ASX. 17 June 2005.
  11. "Float creates new millionaire factory". The Australian. 3 June 2005.
  12. "Pro Bono Lawyers | Australia | Clayton Utz - About - Clayton Utz". www.claytonutz.com. Retrieved 12 September 2020.
  13. "Australian Pro Bono Centre | Government Tender Arrangements". Retrieved 12 September 2020.
  14. "Reconciliation". Clayton Utz. Retrieved 17 April 2016.
  15. "Clayton Utz and the environment". Clayton Utz. Retrieved 17 April 2016.
  16. "Media Statement". Clayton Utz. 6 December 2002. Retrieved 23 March 2010.
  17. Ackland, Richard (15 December 2006). "The importance of being earnest". The Sydney Morning Herald. Retrieved 12 September 2020.
  18. "The importance of being earnest". The Sydney Morning Herald. 15 December 2006. Retrieved 3 December 2011.
  19. "Clayton Utz to close tobacco claims litigation practice". Clayton Utz. 18 July 2002. Retrieved 23 March 2010.
  20. "Clayton Utz lawyer Luis Izzo exposed as a rude e-male". News.com.au. 30 November 2011. Retrieved 9 December 2011.
  21. "Styles v Clayton Utz (No. 3) [2011] NSWSC 1452, 143". Caselaw.nsw.gov. Retrieved 17 October 2016.
  22. "Hon Julie Bishop MP – Parliament of Australia". web.archive.org. 19 August 2020. Retrieved 12 September 2020.
  23. "Christian Porter: Lawyer's lawyer, but attorney-general of the people". Australian Financial Review. 1 February 2018. Retrieved 12 September 2020.
  24. "The Hon Brigitte Sandra Markovic". Federal Court of Australia. 24 August 2015. Retrieved 15 April 2016.
  25. "Clayton Utz partner appointed to the Federal Court of Australia". Clayton Utz. 12 August 2015. Retrieved 15 April 2016.
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