Jennifer Chambers

Commercial litigation and arbitration

• Representing a prominent oil and gas company in a significant ad hoc UNCITRAL arbitration relating to the recovery of project costs under a production sharing contract.
• Represented the board of a major resources company in defense of multibillion-dollar claims in the Supreme Court of NSW and Court of Appeal alleging breach of director’s duties, trustee duties and oppression of the minority shareholders.
• Represented the Western Australian government in Supreme Court of WA proceedings concerning the distribution to creditors of over $1.8 billion in the liquidations of the Bell Group. The matter raised complex issues concerning the rights of bond holders and the proper construction of funding agreements and trust deeds.
• Represented a global telecommunications company in connection with significant national security and cybersecurity matters.
• Represented a former State Solicitor in Federal Court proceedings in which it was alleged that the State engaged in misleading or deceptive conduct and unconscionable conduct to deprive the applicant of multimillion-dollar iron ore assets.
• Represented the board of a major resources company in a commercial arbitration concerning a multibillion-dollar dividend dispute.
• Advised an oil and gas major in relation to matters relevant to its participation in the Australian retail fuel market including long term fuel supply agreements, licensing and assignment agreements.
• Acted for a director and shareholder in complex litigation before the Victorian Supreme Court regarding the receivership and multibillion-dollar sale by a major Australian bank of Burrup Fertilisers, the world’s largest ammonia plant.
• Represented the Pepper Group Limited on the $675M acquisition by KKR of a controlling interest in Pepper by way of a members’ scheme of arrangement.
• Represented GetSwift Limited in its "top hat" scheme of arrangement to create a new holding company and re-domicile to Canada which was opposed by the corporate regulator, ASIC.

Regulatory Investigations and Proceedings

• Represented a global professional services firm in connection with its participation in a Commonwealth investigation into government procurement and probity issues and work health and safety matters on a multimillion-dollar project.
• Represented a former banking executive in connection with a case brought by the corporate regulator in which it was alleged that a major Australian bank had engaged in insider trading and unconscionable conduct in executing a $12 billion interest rate swap transaction.
• Represented a global financial services client in connection with potential exposure in ASIC, AUSTRAC and gaming regulator AML/CTF investigations into a major casino operator.
• Represented a significant investment manager in investigating allegations of fraud, bribery and corruption claims involving the Queensland Crime and Corruption Commission and successfully resolved subsequent court proceedings involving the same parties.
• Acted for an executive director of a property developer in connection with the corporate regulator’s investigation into alleged unfair lending practices, including the negotiation of an enforceable undertaking.

Class Actions

• Represented a global ride sharing company in its defense of a class action brought on behalf of taxi, hire-car, limousine, and charter vehicle industry participants in the Supreme Court of Victoria.
• Advised the Australian board of a public company in connection with the settlement of multibillion-dollar litigation, including a securities class action, relating to statements in a project prospectus which were alleged to be misleading or deceptive.

Energy Transition and Sustainability

• Advised a superannuation fund in respect of a greenwashing investigation conducted by the corporate regulator ASIC.
• As part of a global team, advised major energy companies and other clients in relation to Australian and global ESG regulatory frameworks, laws, policies and trends, including litigation and reputational risks such as greenwashing.

Human Capital and Compliance

• Acted for the board of directors of an ASX-listed entity in connection with multiple fatalities at an Australian theme park, including representation at a high-profile coronial inquest and related investigations conducted by the work health and safety regulator.
• Represented a multinational manufacturing company in defending claims of unlawful discrimination and sexual harassment before the Australian Human Rights Commission and subsequent proceedings before the Federal Circuit Court.
• Represented an agricultural asset manager in regulatory investigations and a criminal prosecution in connection with a workplace fatality.
• Advised a global payments company in relation to allegations of workplace bullying and harassment and psychosocial hazards in the workplace.

Select Experience at the Bar

• Appeared in a landmark case before the High Court of Australia concerning the loss of a chance and damages claim for loss of opportunity (led by B Walker AO SC and J Lonergan (as her Honour then was)); Tabet v Gett (2010) 240 CLR 537.
• Appeared for Radio 2UE in a case in which the High Court clarified that the common law test for defamation applies to an imputation concerning any aspect of a person's reputation, including the person's professional or business reputation (led by R McHugh SC (as his Honour then was)); Radio 2UE Sydney Pty Ltd v Chesterton (2009) 238 CLR 460.
• Represented several medical practitioners who challenged the Constitutional validity of the Medicare scheme (led by David Jackson AM KC and Mark Robinson); Wong v Commonwealth of Australia; Selim v Lele (2009) 236 CLR 573.

Jennifer Chambers is a strategic commercial litigator with extensive experience advising multinational and major Australian corporations and boards across a wide variety of commercial matters. Her practice spans both complex domestic and cross-border disputes, as well as high-stakes regulatory investigations and proceedings, particularly in the energy, resources, and financial services sectors. Jennifer is also a trusted adviser to boards and individual company officers in respect of director and officer duties and corporate governance challenges. 

Jennifer has significant experience representing major corporates and directors in high stakes commercial arbitration and litigation matters throughout the superior courts of Australia, including the High Court. Such matters include multibillion-dollar claims alleging misleading or deceptive conduct, breach of director and trustee duties, class actions, complex cross-border insolvency disputes, and contentious members’ schemes of arrangements.

Additionally, Jennifer advises global energy, resources, and financial services clients  with respect to regulatory developments and associated litigation risks. Jennifer handles high-profile regulatory investigations and proceedings on behalf of boards and individual company officers. She also advises clients with respect to corporate and director liability including civil penalties and criminal liability arising out of corporate crises and regulatory investigations, including major workplace incidents and fatalities.

Jennifer is a driver of Diversity, Equality and Inclusion initiatives and, over the course of her career, has provided pro bono legal services to a diverse client base, including asylum seekers and First Nations people.