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.
Next generation partner – Dispute Resolution
Elyse’s practice focuses on the following areas:
Elyse has acted for major Australian corporations and private clients in a range of matters, including:
- 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
- Japara Healthcare Limited in connection with the Royal Commission into Aged Care Quality and Safety, and
- a leading NDIS provider in connection with the Disability Royal Commission.
Restructuring & insolvency
- an automotive manufacturer in connection with the restructure of its network and implementation of a new business model
- 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, and
- 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.
Dispute resolution & 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.
- 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.