Profile

Tomo is a highly regarded trial and appellate lawyer with particular expertise in:

Climate Change Litigation

He has written and presented extensively on climate change litigation, in particular the intersections between climate change and administrative and judicial reviews, environmental legislation, class actions, consumer products and protection (including greenwashing), contract and risk allocation, directors’ duties, disclosure obligations, financial products, insurance, negligence and nuisance.

Arbitrations

Acted for Australian companies in domestic (ACICA) and international (ICC, UNICTRAL) arbitrations in relation to turnkey projects, sale agreements for mines and disputes over ownership of gas and mineral titles. Acted in Court proceedings seeking to enforce arbitral awards and appeals from arbitration.

Corporate and Commercial Law 

Acted for large corporate clients in a range of industries and in relation to contractual disputes, joint venture disputes, directors’ duties, continuous disclosure obligations, partnership disputes, sale of goods, franchise agreements, indemnity/warranty claims, injunctions, oppression claims, schemes of arrangement, the interpretation of contractual and statutory provisions and trust obligations.

Consumer Protection

Acted in relation to disputes concerning misleading or deceptive conduct and unconscionable conduct in a range of industries and in respect of various fact scenarios including breach of sale agreements, valuations and the sale of land and industrial equipment.

Environmental Law

Acted in relation to: (i) disputes concerning clean up notices, environmental impact assessments, liability for pollution, the re-use of contaminated soil, permission approvals, landfills, waste levies, and the liability and cost recovery for the clean up of contaminated land; (ii) challenges to decisions of environmental regulatory authorities; (iii) the prosecution of environmental offences; (iv) large scale infrastructure and energy project disputes, commercial cases and property cases in which environmental issues are in dispute; and (v) the interpretation of environmental legislation.

Negligence and Nuisance

Acted in relation to: (i) negligence and nuisance claims concerning large scale land and water contamination and pollution events; (ii) damages assessments and expert determinations; (iii) negligent mis-statements; and (iv) tortious interference with contractual relations.

Professional Negligence 

Acted for solicitors, barristers, environmental auditors and accountants in relation to claims for damages arising out of professional negligence claims.  

Regulatory Matters

Acted in a range of environmental and commercial regulatory investigations involving civil and pecuniary penalties, major corporate collapses, directors’ duties breaches, continuous disclosure breaches, fraud, managed investment schemes, large-scale contamination and pollution clean-up investigations and costs recovery claims. 

Tomo is focused on working collaboratively with clients and solicitors to develop the most effective strategy to secure the best commercial and legal results while minimising legal, reputational and commercial risks.