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Brett Imlay

Brett Imlay.jpg

Special Counsel

  • Master of Laws (University of Sydney)

  • Bachelor of Laws (University of NSW)

  • Bachelor of Commerce (University of NSW)

  • Accredited by Law Society of New South Wales in Commercial Litigation

Specialising in major commercial litigation including Class Actions, Brett has successfully represented large financial institutions and corporations as well as smaller litigants in claims against such bodies.

Brett worked at Freehills and Packer and Austin before joining Stewart Levitt in 2002.

Brett performs with discipline and industry and is adept in organising and managing a team in the conduct of major litigation. He had primary conduct of the bitterly contested Richards v Macquarie Bank Class Action proceedings which arose out of the collapse of Storm Financial Ltd, both at trial and during the settlement approval process. He has also lead and coordinated the Levitt Robinson team acting for the Administrator of the $82.5 Million settlement fund.

Brett has also successfully taken the primary role in documenting, and securing Court approval of, the settlement of the Lee v Bank of Queensland Class Action proceedings, which also arose out of the collapse of Storm Financial.


Apart from the Storm Financial Class Actions, his successes include taking on the Commonwealth relating to training contracts with Naval recruits which were ultimately successful in the Court of Appeal, Reserve Bank of Australia under the Trade Practices Act, Sunland over the Palazzo Versace Development on the Gold Coast and in proceedings against the Fujitsu Corporation over defective hard drives.

Brett has had the successful conduct of many interesting and complex matters including:

  • Searle v Commonwealth [2019] NSWCA 127 (31 May 2019)

  • O’Dea v Westpac Banking Corporation [2019] NSWSC 1078 (24 July 2019)

  • Wotton v State of Queensland (No 10) [2018] FCA 915 (15 June 2018)

  • Lee v Bank of Queensland Limited [2014] FCA 1376 (16 December 2014)

  • Richards v Macquarie Bank Limited (No 5) [2013] FCA 1442 (13 December


  • Cassis & Anor v Kalfus (No 2) [2004] NSWCA 315 (20 September 2004)

  • Permfox Pty Ltd, in the Matter of Chase v Official Receiver for the

    Bankruptcy District of New South Wales [2002] FCA 1564

  • Miller v Jones [1999] NSWCA 467 (17 December 1999)

  • Peter Sykes & Ors v Reserve Bank of Australia [1998] FCA 1405 (6

    November 1998)

Expertise & Experience

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