Clayton Utz Explained

Clayton Utz
Num Offices:6
Num Employees:1,600+
Practice Areas:Full service commercial law[1]
Revenue: AUD$436 million (2013)[2]
Profit Per Equity Partner:AUD$1.5 million (2011/12)[3]
Date Founded:[4]
Founder:Bob Nichols
Company Type:Partnership
Homepage:claytonutz.com

Clayton Utz is an Australian law firm headquartered in Sydney.[5] Established in 1833,[5] it is a large-sized firm, known as one of the "Big Six" Australian law firms.[6] The firm is recognised for its litigation practice, government clients, pro bono services and high-profile alumni.[7] In 2013, the firm had an annual revenue of $436 million.[8] it had 179 partners and 1,600 personnel in six offices.

Operations

Legal services

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 commercial law, although it has broad competence in a large number of practice areas.

The firm manages the affairs of clients across jurisdictions, and retains dual-qualified lawyers. It is a member of international legal networks such as Lex Mundi and the Pacific Rim Advisory Council.[9]

Notable legal work

The firm has undertaken several high-profile matters including Toll Group's takeover of Patrick Corporation,[10] Mayne Group's de-merger,[11] and Tatts Group's $2.17 billion IPO and listing.[12] The firm's corporate team has acted for AMP on its $14 billion acquisition of Axa Pacific Holdings and represented the Singapore Exchange on its proposed merger with ASX.

Notable clients of the firm include Commonwealth Bank, Noble Group, Barrick Gold and Fortescue.[13]

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.[14] 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.[15]

Social responsibility

In March 2010, the firm launched an action plan to reconcile with Indigenous Australians.[16] The firm fully offsets its carbon emissions.[17]

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 presiding 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.[18] In reaction to the decision, Victorian laws about document retention were strengthened by parliament.[19]

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.

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.[20] Clayton Utz was found not liable, as the court did not find that its partners ought reasonably to have prevented the correspondence.[21] The lawyer subject to the lawsuit resigned shortly after settlement of the suit.

Alumni

Notable alumni of the firm include:

Awards

Awards and recognition include:

See also

External links

Notes and References

  1. Web site: Clayton Utz Expertise - Expertise - Clayton Utz. Claytonutz.com. 2016-10-17.
  2. News: Clayton Utz suffers 4pc revenue decline amid job cuts . 4 March 2016 . https://web.archive.org/web/20160304093018/http://www.afr.com/business/legal/clayton-utz-suffers-4pc-revenue-decline-amid-job-cuts-20130905-j0fl0 . 6 September 2013. Australian Financial Review. 17 October 2016.
  3. News: How much do lawyers earn?. 13 September 2012. Australian Financial Review . 2016-10-17.
  4. Web site: Lex Mundi: The Worlds Leading Law Firm Network. Lexmundi.com. 2016-10-17.
  5. Web site: Australian Government . AUSTRADE The Australian Trade and Investment Commission . AUSTRADE . Australian Suppliers Directory . AUSTRADE.gov.au . 6 May 2021 . 2021.
  6. News: Kenneth Nguyen. 22 May 2007. Stags in Slater & Gordon share some class action – a 40% win. Sydney Morning Herald. Fairfax Media. 21. Though Slater & Gordon is a well-known law firm, its market capitalisation of $151 million would be dwarfed if any of Australia's "big six" law firms - Allens Arthur Robinson, Blake Dawson Waldron, Clayton Utz, Freehills, Mallesons Stephen Jaques and Minter Ellison - decided to float..
  7. Web site: Corporate/M&A Chambers Global Profile . 2023-01-28 . Clayton Utz. en.
  8. News: 15 August 2013 . Business Review Weekly . 17 October 2016 . Independent law firms: The case for staying local.
  9. News: Chambers and Partners directory. Chamber and Partners. 2011-03-23. https://web.archive.org/web/20110716161749/http://www.chambersandpartners.com/Global/Firms/4413-34953. 16 July 2011. dead.
  10. News: Kirsty Simpson . Rod Myer . Malcolm Maiden . Crash of the Titans. The Age. 13 May 2006 .
  11. News: ASX announcement and media release. Australian Securities Exchange. 17 June 2005 .
  12. News: Float creates new millionaire factory. The Australian. 3 June 2005 .
  13. Web site: The Legal 500. 23 April 2012.
  14. Web site: Pro Bono Lawyers. 2020-09-12. Clayton Utz.
  15. Web site: Australian Pro Bono Centre Government Tender Arrangements. 2020-09-12. en-AU.
  16. News: Reconciliation. Clayton Utz. 2016-04-17.
  17. News: Clayton Utz and the environment. Clayton Utz. 2016-04-17.
  18. 6 December 2002 . Clayton Utz has welcomed the Victorian Court of Appeal's decision to uphold the Appeal against the ruling of the Victorian Supreme Court in the matter of McCabe v BATAS . Clayton Utz . 23 March 2010.
  19. News: Ackland. Richard. 15 December 2006. The importance of being earnest . 12 September 2020 . The Sydney Morning Herald. en.
  20. News: Carson . Vanda . 30 November 2011 . Clayton Utz lawyer Luis Izzo exposed as a rude e-male . 9 December 2011 . News.com.au . Justice Lucy McCallum said the asterisks used in the email written by lawyer [...] were "presumably" in place of the word f...[sic] "so as to avoid the gaze of any electronic gate-keeper". She described [...] comments about women lawyers as "no advertisement for male sensitivity" [...] "It is difficult to decide whether it is more surprising that the remarks were made at all (after over a century of feminism) or that a lawyer recorded them in an email (after seven centuries of subpoenas)," [she] wrote in her judgment..
  21. Web site: Styles v Clayton Utz (No. 3) [2011] NSWSC 1452, 143]. 2016-10-17. Caselaw.nsw.gov.
  22. 83P . Hon Julie Bishop MP . 2021-11-03.
  23. Web site: 2018-02-01. Christian Porter: Lawyer's lawyer, but attorney-general of the people. 2020-09-12. Australian Financial Review. en.
  24. News: 2015-08-24. The Hon Brigitte Sandra Markovic. Federal Court of Australia. 2016-04-15.
  25. News: 2014-09-20. Archbishop-elect Anthony Fisher pledges a humbler Catholic Church: 'No excuses, no cover-ups'. 2021-07-08. Sydney Morning Herald. en.
  26. Book: Walker . Kristen . Kristen Walker . Coper . Michael . Blackshield . Tony . Williams . George . The Oxford Companion to the High Court of Australia . 2001 . Oxford University Press . Melbourne . 9780195540222 . 459–461 . Mason, Anthony Frank . High Court of Australia. [Former Chief Justices of the Court of Australia] page]
  27. Web site: Law School Alumna Michelle Gordon appointed to High Court of Australia : Archive Page : The University of Western Australia . 2022-09-14 . www.news.uwa.edu.au.
  28. Web site: StackPath . 2022-09-14 . www.sclqld.org.au.
  29. Web site: International Comparative Legal Guides . 2022-09-14 . International Comparative Legal Guides International Business Reports . en.
  30. Web site: Staff Profile . 2023-12-04 . The University of Sydney . en-AU.
  31. Web site: Current Judges and Masters .
  32. Web site: Australia . c\=AU\; co\=Commonwealth of Australia\; ou\=Federal Court of . 2023-09-06 . Biography of Justice Shariff . 2023-12-04 . www.fedcourt.gov.au . en-AU.
  33. Web site: Australia . c\=AU\; co\=Commonwealth of Australia\; ou\=Federal Court of . 2021-11-09 . Biography of Justice Goodman . 2023-12-04 . www.fedcourt.gov.au . en-AU.
  34. Web site: Australia . c\=AU\; co\=Commonwealth of Australia\; ou\=Federal Court of . 2022-11-11 . Biography of Justice Snaden . 2023-12-04 . www.fedcourt.gov.au . en-AU.
  35. Web site: Legal Services Awards Australia Clayton Utz - About - Clayton Utz . 10 December 2022 . www.claytonutz.com.
  36. Web site: The best Law Firms and Lawyers Awarded in Australia in 2022 . 10 December 2022 . The Lawyers Global . en.