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Elyse Hilton

About Elyse

Elyse Hilton is a partner practising in the firm’s litigation & dispute resolution and reconstruction and insolvency groups. She acts for public and private companies, as well as high-net-worth individuals.

Her practice has an emphasis on large-scale commercial litigation (including class actions and royal commissions), corporate regulatory investigations, reconstruction and insolvency and contract and trust disputes.

Elyse is noted by the Legal 500 Asia Pacific as a ‘next generation lawyer’ for her expertise in the area of dispute resolution.

Elyse was a member of the ABL team that won Insolvency & Restructuring Deal of the Year and Australia Deal of the Year for its work on the Arrium administrations at the 2018 Australasian Law Awards. She also appeared in a landmark case involving the administration of the Ten Group regarding the independence of administrators.

She has also acted for pro-bono clients, including the African Australian community of Flemington and Kensington in the seminal 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 and was admitted to practice in 2010. She was appointed as a partner effective July 2019.

Next generation lawyer – Dispute Resolution

The Legal 500 Asia Pacific

Practice focus

Elyse’s practice focuses on the following areas:
  • commercial litigation principally in the Supreme, Federal and appellate Courts, and alternative dispute resolution
  • insolvency and restructuring advice and litigation
  • regulatory investigations
  • royal commissions
  • corporate governance, including board and shareholder disputes, directors’ duties, shareholders’ oppression claims, and continuous disclosure obligations, and
  • contractual, trust and trade practices disputes.

Experience

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

Royal commissions

  • four leading industry superannuation funds and Industry Super Australia in connection with the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, and
  • Japara Healthcare Limited in connection with the Royal Commission into Aged Care Quality and Safety.

Restructuring & insolvency

  • the Administrators of Arrium Limited, including: 
    • in the investigation of claims against directors and advisors of the Arrium Group, and public examinations of those individuals conducted in the New South Wales Supreme Court
    • in a Federal Court proceeding seeking directions regarding proofs of debts
  • the Administrators of the Ten Group: in a seminal case regarding the independence of voluntary administrators where they have undertaken pre-administration work
  • the Administrators of Oroton Group: in providing general advice concerning the administration and in respect of proceedings for orders under s 444GA of the Corporations Act for leave to transfer shares pursuant to a deed of arrangement, and
  • a large retail corporation: in providing advice in connection with public examinations of officers and directors of that corporation undertaken by a liquidator.

Dispute resolution and litigation

  • 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
  • Liberty Financial: in defending litigation in the NSW Supreme Court in relation to alleged breaches of contract and wrongful appointment of receivers
  • 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, and
  • a director and corporate shareholder of a leading international retail company: in relation to advice regarding board and shareholder disputes.

Regulatory investigations

  • a director of an ASX listed company: in an ASIC investigation, including in connection with a s 19 examination, s 33 notices, and related proceedings issued by ASIC against another director, and
  • a former director and CEO of an ASX listed company: in an ASIC investigation, including in connection with s 19 examinations.

Recognition & publications

Take a look at Insights & News articles referencing Elyse Hilton