Christiana is a partner in Gilbert + Tobin’s Disputes + Investigations group.
Christiana has practiced in commercial litigation and payments law for more than 15 years. She advises clients in respect of commercial and corporate disputes and also advises a variety of public and private entities in respect of payments regulations and contractual arrangements.
Christiana has extensive experience acting in large proceedings in state and federal jurisdictions including appellate courts and statutory tribunals. These matters have involved a wide range of actions including breach of directors duties, contract disputes, negligence and tortious actions, unconscionable conduct and misrepresentation cases and regulatory or statutory investigations/applications.
Separately to her work in private practice Christiana worked as the Deputy CEO of the Hope Vale Aboriginal Council in the Cape York region of Queensland in 2003. She was part of the Victorian Law Reform Commission team during 2006 to 2007 which worked on the Civil Justice Review pursuant to terms of reference from the Victorian Government.
Christiana’s experience includes:
- Acting for the State of Victoria in its response to the Royal Commission into Management of Police Informants.
- Representing Cargill Australia Limited and Cargill Inc in Supreme Court proceedings in a large claim for damages concerning allegations of false and misleading statements by Glencore and Viterra Limited during the sale of the JWM malting business.
- Acting for Asahi in the Federal Court Proceedings against the private equity vendors of Independent Liquor. This matter was settled, resulting in NZ$220 million being paid to Asahi, the largest settlement in a non class action Federal Court matter. The proceedings concerned claims of misleading and deceptive conduct with respect to representations made as to the financial performance and growth of the business and involved extensive analysis of financial and due diligence materials.
- Representing BHP Limited in a large Federal Court proceeding that involved a hearing over a nine month period, numerous lengthy and complicated witness statements, vast discovery, court book and other documentary requirements, and working closely with senior and junior counsel on all aspects of the hearing and submissions. The proceeding involved matters of contractual breaches, trade practices issues and good faith conduct and the other parties were GEC Marconi and the Commonwealth of Australia. BHP was successful in its defence and counterclaim and was also successful in significant taxations and costs disputes which were conducted in the following years.
- Representing Amcor Limited in ongoing proceedings in the Supreme Court of Victoria concerning breach of directors and officers duties. The proceedings also involved various non-party discovery and subpoena applications and applications that privilege claimed by defendants could not be maintained on grounds of crime fraud. Christiana represented Amcor successfully in respect of two appeals on the documentary issues and defended a leave application that was heard urgently before the Court of Appeal. The proceedings continue in the trial division and the Court of Appeal.
Awards and Recognition
“Christiana McCudden plays a key role. She is dedicated, hardworking and always available. She worked around the clock and went into a lot of detail. She did a really good job. She stuck by her guns on one issue and turned out to be right where I had been doubtful.”