Thomas Gaffney is a counsel in our dispute resolution practice
Based out of our Canberra and Sydney offices, and a member of the firm's Disputes, Investigations and Advisory Division and the Global Arbitration Group, Thomas advises government and commercial clients on the strategic resolution of complex disputes and, where necessary, in the management of litigation and arbitrations.
Thomas' practice areas include advice and representation in relation to all aspects of disputes related to procurement, contracting and contract administration, Defence capability acquisition and sustainment, construction and infrastructure, public and administrative law, the energy and resources sectors, and digital/cyber disputes.
Thomas' practice focusses on managing risk by providing forward-looking advice and assisting clients with:
- disputes risks in procurement, contracting, contract administration and termination;
- correspondence and negotiations before and during contractual and administrative law claims processes to avoid escalation to disputes/litigation;
- resolving commercial and contractual claims in respect of private contracts and public sector procurement;
- compliance and risk, including appropriate private and public sector responses to cyber security breaches and regulation of digital data, transactions and assets; and
- where necessary, addressing commercial, contractual, statutory and administrative law claims by negotiation, mediation, expert determination, arbitration (international and domestic) and in litigation in tribunals and superior courts.
Thomas also undertakes statutory investigations, including as an Assistant Inspector General of the Australian Defence Force.
Thomas has acted for government and commercial clients in civil and commercial litigation, and in administrative review proceedings, in the Australian and English High Courts (and Court of Appeal), the Federal Court, and the NSW, Victorian, Queensland, ACT, Tasmanian, Western Australian and Norfolk Island Supreme Courts. He has also acted for Commonwealth Government and private sector clients in international and domestic commercial and investor-state arbitrations under LCIA, ICC, LMAA, ACICA, ICSID, Resolution Institute and ad hoc rules.
Thomas is the chair of the ACT Committee of the Australian Centre for International Commercial Arbitration (ACICA).
Thomas is also a strong supporter of the Minds Count Foundation (formerly the Tristan Jepson Memorial Foundation), having been director of the Foundation for more than 14 years.
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