Anthony Phelps

Special Counsel

Anthony (Tony) Phelps is an experienced insurance and commercial litigator with over 20 years' experience. He has specialised in Professional Indemnity, D&O and Trade Credit claims throughout his career, acting for international insurers, insurance brokers, accountants, responsible entities, builders, medical professionals, and engineers.

Tony is an experienced leader, having been the head of litigation and deputy managing partner and managing partner over a period of 12 years at a national law firm.

Legal Expertise 

Tony's wide range of litigation experience in disputes includes:   

  • Conceived a strategy for and led to conclusion, negotiations for an Australian international mining company and a major Australian steel producer, with Berkshire Hathaway (for the "Equitas" fund) and the Commonwealth, to resolve past and future asbestos liabilities.
     
  • Acted for a large group of Australian Underwriters and over 3,000 individuals against the Electricity Trust of South Australia and its US insurers for property damage and personel injury arising out of the 1983 Ash Wednesday Bush Fires.
     
  • Conducted the first contested access agreements in NSW by arbitration and Wardens Court Appeal under the Petroleum (Onshore) Act (NSW), regarding exploration and development rights over a coal-bed methane project and compensation to landowners. 
     
  • Successfully defended a Belgium-registered corporation in a dispute with the Australian Tax Office over tax payable on share transactions involving the operation of s. 255 Income Tax Assessment Act and s. 260-5 Tax Administration Act. 
     
  • Devised the strategy for and successfully advised a multinational mining company in the High Court on cross-vesting of interstate tort claims commenced in NSW DDT. The case has had wide application across all Australian jurisdictions.

He has also conducted a defamation practice throughout his legal career acting for a number of State and Federal Politicians and business identities both in advisory and litigation roles. In conjunction with his defamation practice, Tony has worked with clients on reputational risk matters and crisis management.

He has extensive experiences as an advocate in the Local, District, Supreme and Federal Court jurisdictions, as well as numerous tribunals.