Jess McGuirk

Biography

Jess is a special counsel in our Disputes and Investigations group.

He specialises in complex commercial litigation, international arbitration and regulatory investigations, acting for clients across financial services, insurance and the resources sector. Jess has acted in some of the most high-profile commercial disputes in Australia and the Middle East.

Jess is recognised for his commercial and pragmatic approach to large-scale disputes and his ability to clearly guide clients through complex litigation and regulatory challenges.

Jess was formerly a member of the Australian diplomat service and has particular expertise in cross-border disputes.

Experience

  • Gina Rinehart in defending Australia’s largest commercial arbitration valued at over $20 billion.

  • Credit Suisse in pursuing claims worth over USD2 billion relating to trade credit insurance products and the collapse of Greensill.

  • Mineral Resources in a shareholder class action before the Supreme Court of Victoria alleging breaches of disclosure obligations relating to alleged governance failures.

  • Westpac in regulatory investigations in relation to alleged contraventions of anti-money laundering laws which resulted in a $1.3 billion penalty.

  • MACH Energy in Federal Court proceedings defending a billion dollar constructive trust case brought by companies associated with Nathan Tinkler.

  • EG Group seeking damages in Federal Court proceedings relating to the $1.7 billion acquisition of the Woolworths service station network.

  • The OTR group in Supreme Court of Victoria proceedings defending claims brought by Exxon Mobil in relation to a commercial fuel supply contract to a service station network.

  • Auto & General Insurance, at first instance and on appeal, in the landmark Federal Court proceedings brought by ASIC alleging that a notification term in a standard form contract of insurance was an unfair contract term.

  • Hollard Insurance in Federal Court proceedings brought by ASIC alleging breaches of the duty of utmost good faith in respect of the handling of a home insurance claim.

  • A HNWI in proceedings in the Dubai International Financial Centre court relating to control of a family trust valued at over USD1 billion.

  • A MNC in four consolidated international commercial arbitrations against an international inter-governmental organisation under the UNCITRAL Arbitration Rules concerning disputes arising under contracts for the provision of goods and services in foreign hostile jurisdictions.

  • Numerous clients in international commercial arbitrations before arbitral tribunals constituted by the Permanent Court of Arbitration, the International Chamber of Commerce, the Dubai International Arbitration Centre, the SCC Arbitration Institute, the BVI International Arbitration Centre and arbitral tribunals applying the UNCITRAL Arbitration Rules.

  • Numerous clients in relation to international arbitration issues, including dispute resolution provisions in contracts and enforcement strategies.

  • Numerous clients in relation to regulatory investigations, including responding to compulsory notices and strategic engagement with regulators.