Grant Bonner
Partner
Norton Rose Fulbright Australia
Related services and key industries
Biography
Grant Bonner is a commercial dispute resolution lawyer based in Sydney. He leads the practice's regulatory contentious litigation team.
Grant’s practice focuses on the Competition and Consumer Act 2010, company law and Corporations Act, regulatory investigations and large scale litigation and appellate matters.
He regularly advises corporations in relation to company law, directors duties, insider trading, ASX Listing Rules, disclosure and other regulatory enforcement matters including managed investment schemes under the Corporations Act, superannuation trusts under the Australian superannuation legislation and issues under the National Greenhouse & Energy Reporting Act.
Grant has also been involved in cross-border regulatory investigations involving funds maintained in Hong Kong, the Cayman Islands and Saint Lucia. He has also been involved in several bribery and facilitation matters, Independent Commission against Corruption matters in New South Wales and in the Independent State of Papua New Guinea's Leadership Tribunal, and white collar crime matters.
Grant has represented both publicly listed companies and private individuals in a number of high-profile cases.
Most of Grant’s clients operate in the financial institutions, energy, or mining sectors and include Citibank, Macquarie Bank, Perpetual Trustee, Pacific National, Thales, Acciona, Goodman, HSBC and NAB.
Grant was recognised in Best Lawyers 2012–20 in the categories of litigation and alternative dispute resolution and is ranked in Chambers guide. Grant was also recognised as a Leading Individual in Dispute Resolution - litigation in The Legal 500 Asia Pacific 2021.
Where Grant's international work with our clients involves issues of local law, he works with Norton Rose Fulbright colleagues or independent local counsel in the relevant jurisdictions.
Professional experience
Collapse all- Bachelor of Arts (Hons), University of Sydney,1983
- Master of Laws, University of Sydney, 1993
- LEADR Mediation course, 1995
- High Court of Australia 1990
- Solicitor, qualified in Queensland, Australia 2000
- Supreme Court of New South Wales 1986
- Supreme Court of Victoria 1999
- Supreme Court of Western Australia 2003
- ACCC v Tyco & Ors (Federal Court Queensland) – acting for FFE (subsidiary of Chubb) in a price fixing matter under section 45 and 45A of the Trade Practices Act (now the Competition and Consumer Act).
- ACCC v FFE & Ors (Full Federal Court) – privilege against a penalty arising from price fixing allegations.
- ACCC v FFE & Ors (Federal Court South Australia) – acting for FFE in a price fixing claim under section 45 and 45A of the Trade Practices Act (now the Competition and Consumer Act (in South Australia).
- George Palmer ats NSW Crime Commission (Supreme Court of NSW) – proceedings relating to defrauding the NSW Crime Commission in relation to taxation schemes.
- Major investigations for a national security company into alleged breaches of sections 52, 53 and 58 of the Trade Practices Act (now the Competition and Consumer Act) in four mainland states.
- Ingot v Macquarie Bank – 108-day Supreme Court hearing before the primary judge for misleading or deceptive conduct in a prospectus under the Corporations Act and six weeks' appeal hearing in the New South Wales Court of Appeal. The case also involved issues of the duties owed by members of due diligence committees and consideration of prudential margins in re-insurance companies.
- eBay v Creative Festival Entertainment (Federal Court) – misleading and deceptive conduct case under section 52 of the Trade Practices Act (now the Competition and Consumer Act) relating to ticket entry conditions for concerts.
- ACCC v Global One Mobile Entertainment Limited (Full Federal Court) – misleading and deceptive conduct under sections 52 and 53 of the Trade Practices Act (now the Competition and Consumer Act) – and penalties for contravention.
- Scottish & Colonial v APG (Supreme Court of NSW) – involving section 203D of the Corporations Act relating to the removal of directors from a public company.
- State of NSW v PTTC (NSW Court of Appeal) – public interest immunity in state cabinet deliberations and the appointment of special counsel.
- Trio Capital Ltd (in liquidation) international regulatory investigation by ASIC and APRA into a failed managed investments scheme under the Corporations Act and a superannuation trust and consideration of section 601FC of the Corporations Act, the obligations of care and diligence by a responsible entity and Supreme Court proceedings relating to a liquidator's rights to remuneration between insolvent and solvent managed investment schemes and superannuation trusts.
- Energizer v Remmington – (Full Federal Court) – misleading advertising under section 52 of the Trade Practices Act (now the Competition and Consumer Act) relating to Varta brand batteries.
- Australian Taxation Office investigation – 'Project Wickenby' arising under the taxation legislation.
- ITSL ats PTTC – a claim for AU$200m arising from the smart card ticket (T Card) litigation in NSW, involving the role of implied terms of good faith in termination of commercial contracts. The matter was resolved at a mediation before the Hon Ian Callinan AC QC.
- Supreme Court proceedings for rail transport provider Pacific National relating to defectively made and designed coal wagons. The case was successfully resolved at mediation.
- Supreme Court proceedings acting for Hudson Investment Group Limited relating to a corporate takeover. The primary judgement was upheld on appeal.
- 2011 Supreme Court litigation relating to the removal of a director of a company and the role of governing director's shares.
- 2011 – HSBC class action claiming bank exception fees are penalties.
- DPP v John Laws (Supreme Court of NSW) – criminal jury trial for the breach of the Jury Act.
- Broadcasting Tribunal Inquiry – 'Cash for Comment; Inquiry under the Broadcasting Act acting for John Laws.
- AGL HP1 Pty Ltd & Ors v Alanvale Pty Ltd &Ors – acting for AGL relating to its Macarthur Wind Farm development.
- TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia & Anor – constitutional case before the Full High Court.
- Griffin Energy Group Pty Limited (Subject to Deed of Company Arrangement) v ICICI Bank Limited (Singapore Branch) (NSW Court of Appeal).
- Ombudsman Inquiry 2015 – in Papua New Guinea representing the State and Leadership Tribunal.
- Acting for a major Australian bank in an investigation commenced by ASIC in relation to the manipulation of financial markets (BBSW and Foreign Exchange).
- CBRE (c) Pty Limited v Jason Audsley (Federal Court).
- ASIC v Macro Reality Developments (Federal Court).
- The Trust Company (Re Services) Limited - judicial advice (New South Wales Supreme Court).
- Acting for receivers and managers of Dick Smith Electronics (Supreme Court of NSW).
- Acting for NAB & HSBC in Supreme Court proceedings against the former directors of Dick Smith Electronics involving 2 class actions.
- Alstom Signalling v Alstom Transport – scheme of arrangement (Federal Court).
- Environmental Protection Authority v Caltex Australia Petroleum (Land & Environment Court NSW).
- Thorn Australia Ltd - in relation to ASIC's investigation into Thorn's responsible levelling obligations under the Credit Act.
- Thorn Australia Ltd - in relation to a class action commenced by Casey Simpson (Federal Court).
- Caltex Australia investigation into allegations of franchisee's not complying with the obligations under the Fair Work Act.
- Caltex - in proceedings commenced in the Supreme Court of Western Australia by Allegria Pty Ltd and Ors.
- Acciona - in relation to Supreme Court proceedings against Transport for NSW relating to the Sydney Light Rail.
- Qantas - in supreme court proceedings against JLL & Ors relating to a spill of fire fighting foam retardant.
- A major financial institution - in relation to a regulatory investigation commenced by the ACCC.
- Rural Fire Service Brigades and Donations Fund – obtaining judicial advice from the Supreme Court of New South Wales in relation to the proposed distribution of $51M in unexpected donations in a manner consistent with the Trustee Act 1925.
- Dr Peter Brown – successfully defending contested regulatory investigations into the performance and practice of a doctor the subject of several inquiries by the Medical Council of New South Wales and the Health Care Complaints Commission.
- Co-authored CCH's Contract Law, chapter titled "Factors vitiating contractual formation". The chapter involved consideration of the current law of mistake, misrepresentation and unconscionability under the common law and under statutes such as the Competition and Consumer Act, the Corporations Act and the state Fair Trading Acts.
- Author of many papers for professional seminars on contract law, directors duties, fiduciary duty and legal professional privilege.
- Law Council of Australia, Member, 1993 to present
- Australian Restructuring Insolvency & Turnaround Association, Member, 2002 to present