Our People

Nicola has acted in a wide variety of matters including:

• acting in numerous shareholder disputes including current proceedings in the Supreme Court of New South Wales;
• acting for the owner of a beef cattle feedlot in proceedings in the Supreme Court of New South Wales against the former operator of the feedlot;
• acting for a Canadian citizen in proceedings against an Australian financial services licensee for breach of trust and misleading representations in the Federal Court of Australia;
• advising a mining company listed on the Australian Securities Exchange in connection with various proceedings in the High Court and Court of Appeal of the Solomon Islands and in relation to an employment dispute in the Magistrates Court in Queensland; and
• successfully defending multiple employment claims on behalf of a major Australian bank in the Federal Court of Australia as well as acting in related class action proceedings in the Supreme Court of New South Wales;

Nicola has acted in matters including:

• acting for the owners of beef cattle feedlots in various disputes including proceedings in the Supreme Court of New South Wales against the former operator of the feedlot;
• acting for a consultant in the feedlot industry in a dispute; and
• acting for a fruit and vegetable wholesaler in various disputes.

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
• 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.

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;
• breach of trust and misleading and deceptive representation claims;
• tax and stamp duty disputes;
• negligent advice claims;
• contract claims; and
• penalty claims.

She has also provided advice on document retention obligations.

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.

Nicola has acted in complex 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. Nicola was admitted as a legal practitioner in the Solomon Islands to assist local lawyers with the proceedings.
• 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.

Work undertaken by Nicola includes:

• acting for the CEO and CFO of a publicly listed company in general protection and whistleblower proceedings in the Federal Court of Australia;
• representing a senior employee in an internal employment investigation about matters arising from the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry;
• acting for a contractor to a major Australian bank in a dispute about workplace bullying and occupational health and safety;
• successfully defending multiple employment claims on behalf of a major Australian bank in the Federal Court of Australia as well as acting in related class action proceedings in the Supreme Court of New South Wales;
• acting for both employees and employers in unfair dismissal proceedings and general protection proceedings in the Fair Work Commission and the Federal Court of Australia;
• acting for an executive in an employment dispute with a state government department; and
• advising health care practitioners about inquiries into alleged unprofessional conduct.

Nicola’s publications include Nygh, N., & Hatakka, K. (2022). Primacy of the Contract for Gig Economy Workers. WORKPLACE REVIEW, 11(3), 157–161. https://search.informit.org/doi/10.3316/agispt.20221111077897

Nicola has acted in matters including:

• acting for a liquidator in connection with the winding up of related companies and a dispute with a liquidator of another related company;
• advising directors of public companies about directors' duties and potential insolvency;
• providing advice about alleged shadow and de facto directors and priority payments to employees;
• advising about deeds of company arrangement;
• public examinations by a special purpose liquidator;
• winding up applications;
• acting for a large professional services firm in relation to their debtors including advising about insolvency issues; and
• presenting seminars including to the College of Law about safe harbour and anti-phoenixing reforms and on the intersection between insolvency and employment law.

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;
• acting in advertising disputes before industry code of conduct committees;
• negotiated the terms of product safety recalls with the Therapeutic Goods Administration;
• acting for a surgeon in various inquiries into alleged unprofessional conduct; and
• advising a medical practitioner about appeal options following a decision to cancel his registration and acting for him in his application for reinstatement.

Nicola has acted in matters including:

• defending proceedings in the Federal Court of Australia on behalf of a financial services entity and financial planner concerning numerous investments made over a 10 year period;
• acting for an individual in proceedings against his former accountant and financial adviser and financial services licensees;
• acting for an individual in proceedings against his former accountant's firm;
• advising construction companies about professional negligence claims and;
• advising individuals and companies about claims for negligent tax advice.

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 New South Wales;
• 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.

Nicola has acted for both tenants and landlords in commercial leasing disputes including in the Supreme Court of New South Wales. She has also acted for a property developer against a local council in long-running nuisance proceedings in the Supreme Court of New South Wales.

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

• representing employees of banks and insurance companies in connection with various ASIC investigations, including attending s19 ASIC examinations;
• acting for the employees and officers of banks and other entities in connections with ACCC investigations including in relation to syndicated lending facilities;
• providing independent advice to employees of banks and insurance companies about giving evidence in court proceedings including class actions and proceedings commenced by ASIC;
• acting for employees of casinos in relation to reviews by the Independent Liquor and Gaming Authority and by ASIC;
• providing independent advice to senior employees, required to give evidence in the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry;
• acting for 2 individuals in the Public Inquiry into RSL NSW under the Charitable Fundraising Act;
• 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.