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Elyse Hilton

About Elyse

Elyse Hilton practises in the firm’s litigation & dispute resolution group. She has acted for public and private companies, as well as high-net-worth individuals in matters in the Supreme, Federal and appellate Courts. Her experience includes acting in a broad range of matters, with a particular focus on large-scale commercial litigation, class actions, contract and trust disputes, competition and intellectual property disputes, shareholder actions and corporate governance disputes.

Elyse has also acted for pro-bono clients, including the African Australian community of Flemington and Kensington in the landmark Federal Court racial discrimination action against Victoria Police. Elyse graduated from The University of Melbourne with a Bachelor of Commerce, majoring in marketing, and a Bachelor of Laws with first class honours. She joined the firm as a graduate trainee in March 2010 and was admitted to practice in October 2010. Elyse was appointed senior associate in 2014.

Practice focus

Elyse’s practice focuses on the following areas:
  • general commercial litigation, principally in the Supreme, Federal and appellate Courts, as well as alternative dispute resolution, including negotiation and mediation;
  • contract and trust disputes;
  • corporate governance, including board and shareholder disputes, directors’ duties, shareholders’ oppression claims, ASIC investigations and continuous disclosure obligations; and
  • competition and consumer law and intellectual property, including passing off, trademark infringement, misleading and deceptive conduct and breach of confidence.

Experience

Elyse has acted for major Australian corporations and private clients in a range of matters, including on behalf of:

  • Pacific Equity Partners: in defending and settling Federal Court litigation brought by Asahi alleging misleading profit forecasts in the context of the sale of beverage company, Independent Liquor;
  • The Hon Tony Abbott MP: in defending litigation commenced by John Setka for defamation;
  • Sunsuper Pty Ltd: in defending litigation commenced in the NSW Supreme Court in relation to alleged breaches of contract and a quantum meruit claim;
  • Fiat Chrysler Australia: in litigation against two former CEOs regarding misconduct and breach of fiduciary duties and in defending related litigation bought by a dealer in relation to FCA’s refusal to consent to the sale of dealerships under the Franchising Code of Conduct;
  • Nufarm Limited: in defending and settling a Federal Court shareholder class action alleging misleading profit forecasts;
  • the African Australian community of Flemington and Kensington: in relation to their Australian Human Rights Commission complaint and subsequent Federal Court racial discrimination action against Victoria Police Chief Commission and the State of Victoria, which successfully settled in 2013 leading to an unprecedented enquiry;
  • Parissen Capital: in litigation against the former trustee of property development trusts in both the Victorian and NSW Supreme Courts for breach of trustee and fiduciary duties;
  • Scarborough Pacific Group: in litigation against former directors/employees in the NSW Supreme Court regarding breach of directors’ and fiduciary duties;
  • Geelong Motors: in defending litigation commenced in the Victorian Supreme Court for alleged breach of contract in relation to the purchase of a motor vehicle franchise;
  • Australian Sustainable Hardwoods: in Supreme Court litigation seeking an injunction in relation to the purchase of the Heyfield timber mill, the largest hardwood timber mill in Australia, from Gunns Limited;
  • DKSH Australia: in a Full Federal Court appeal in relation to a passing off and misrepresentation case bought by one of its competitors, Bodum Australia;
  • A director of an ASX listed company: in appealing a decision by ASIC to disqualify the director from managing corporations; and
  • A director and corporate shareholder of a leading international retail company: in relation to advice regarding board and shareholder disputes.