Nicola Nygh
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Nicola NyghSpecial Counsel

Nicola Nygh is Special Counsel with Resolve Litigation Lawyers. She has over 20 years’ experience in commercial litigation and dispute resolution and was previously Special Counsel at Allens in Sydney.

Nicola is experienced in running large scale complex litigation and is also frequently called upon to give practical risk management advice. She has a personal interest in the life sciences and has acted in many matters involving pharmaceutical companies and other health care providers. Nicola also has a strong background in product liability litigation.

Nicola holds a diploma in international commercial arbitration from the Chartered Institute of Arbitrators and is an associate of the Australian Centre for International Commercial Arbitration (ACICA).

Expertise

Nicola has acted in complex long running litigation for energy and resource companies including:

  • advising an Australian company involved in proceedings in the Solomon Islands High Court and Court of Appeal concerning mining and land rights;
  • acting for one of the joint venture parties in litigation arising out of the Varanus Island gas explosion in the Supreme Court of Western Australia;
  • preparing detailed lay and expert evidence for proceedings in the Federal Court of Australia involving a dispute about possession of a port for the export of iron ore; and
  • acting for an Australian company, a Swedish company and a Nigerian company in an international arbitration in London concerning the interpretation of joint venture contracts for oil exploration.
See Energy and Resources

Much of Nicola’s work has involved financial services. She has acted for banks, financial services licensees, superannuation service providers and individuals in a wide variety of matters including:

  • regulatory investigations;
  • employment disputes;
  • fraud and forgery claims;
  • tax and stamp duty disputes;
  • negligent advice claims;
  • contract claims; and
  • penalty claims.

She has also provided advice on document retention obligations.

See Banking and Finance

Nicola has acted in numerous matters involving pharmaceuticals and healthcare including disputes with regulators concerning importation and registration of therapeutic goods and devices, product recalls and product liability claims. Nicola has acted in advertising disputes in court and has advised clients about advertising disputes before industry code of conduct committees. She has also negotiated the terms of product safety recalls with the Therapeutic Goods Authority.

See Pharmaceuticals and Healthcare

Nicola has acted in domestic and international arbitrations and has advised clients about drafting arbitration clauses. Her arbitration experience includes:

  • acting for an Australian company, a Swedish company and a Nigerian company in an international arbitration in London concerning the interpretation of joint venture contracts for oil exploration;
  • acting in an international arbitration and related proceedings in the Supreme Court of New South Wales in a dispute between a Canadian manufacturer of automobile parts and its Australian distributor; and
  • and acting for a provider of superannuation administration services in a dispute with the trustee of a superannuation fund.

Nicola has presented and published papers on arbitration.

Nicola has represented clients in regulatory investigations and has advised about compliance including:

  • acting for a bank employee in a potential ASIC examination;
  • acting for an employer organisation in relation to s155 examinations by the ACCC and in subsequent proceedings commenced by the ACCC; and
  • advising financial institutions about investigations by Australian and overseas regulators.
See Regulatory Investigations and Compliance

Competition and consumer law work undertaken by Nicola includes:

  • advising clients about claims for unfair contracts and unconscionable conduct;
  • acting for an online distributor of optical products in various advertising disputes;
  • advising clients and dealing with regulators in product recalls;
  • preparing industry codes of conduct and obtaining authorisation from the ACCC; and
  • acting for an employer organisation in s155 examinations by the ACCC and in subsequent proceedings commenced by the ACCC.
See Competition and Consumer Law

Work undertaken by Nicola includes:

  • advising an Australian mining company about its employment policies and an unfair dismissal claim;
  • defending multiple unfair dismissal and other employment claims in the Federal Court of Australia as well as acting in related proceedings in the Supreme Court of NSW and in the Local Court of NSW;
  • acting in class action proceedings in the Supreme Court of NSW; and
  • acting for individuals defending restraint of trade and breach of confidentiality claims.
See Employment

Nicola’s experience in product liability matters includes:

  • defending asbestos claims at first instance in the Dust Diseases Tribunal and on appeal over a 10 year period;
  • acting for an overseas manufacturer of a therapeutic device in a cross claim by the Australian distributor in the Supreme Court of NSW;
  • acting for an international cosmetic company in proceedings against it in the Supreme Court of the ACT concerning an alleged anaphylactic reaction to skin care products;
  • defending proceedings in the Federal Court of Australia on behalf of a financial planner and the planning entity that he represented concerning numerous investments made over a 10 year period;
  • acting for a manufacturer of silicone implants in finalising class action proceedings and in subsequent claims; and
  • advising clients and dealing with regulators in product recalls.
See Product Liability