Introduction

Adrian Chai is a partner in our dispute resolution practice

Adrian specialises in large and complex disputes in the corporate, financial services, mining, energy, and infrastructure areas. He has extensive experience in disputes over the proper interpretation and effect of commercial contracts, as well as matters concerning directors' duties, joint ventures, commodities and foreign exchange hedging, resource and reserves classification, royalty and off-take agreements, farmin agreements, class actions, professional negligence, property disputes, regulatory investigations and contested taxation assessments.

Adrian's practice also includes restructuring and insolvency where he advises on insolvency risk management, debt restructuring and recovery, and insolvency administration processes. He specialises in insolvency and banking litigation.

Adrian is known for the clarity of his advice and guidance, his strategic thinking, pragmatic approach, and outstanding client service. Clients take comfort in his deep involvement in and command of matters from start to finish.

  • International gold miner | Advised on potential claims arising from the curtailment of renewable energy generated by the client and supplied under a dual directional power purchase agreement (PPA), including rights and claims under long term upstream connection arrangements. 
  • Energy corporation | Successfully represented the client in an expert determination of a multi-million dollar dispute with a pipeline operator regarding the right to relinquish capacity under a long term gas transportation contract.
  • Energy corporation | Advised on and subsequently acted in an arbitration over a dispute arising under a long term power purchase arrangement.
  • A government-owned regional electricity provider | Regularly advises on a broad range of contractual claims and disputes, including claims involving clean energy transition projects, IT services supply contracts, electricity supply agreements, engineering, procurement and commissioning contracts for hydrogen plants, and contracts for the supply and installation of clean energy battery storage systems.
  • Renewables energy company | Advised a waste to energy plant operator on a dispute over alleged operational defaults, force majeure and change in law events arising from the industry wide impact of legislative changes.
  • State of Western Australia and the Department of Premier & Cabinet | Advising on a highly sensitive and confidential matter involving State Agreements and multiple third parties with dealings with the State.
  • Clough and its former CEO and CFO | Defended claims of alleged insider trading arising from the disposal of Clough's 33% interest in Forge Group Ltd. 
  • McGrathNicol | Advising the client as receivers of property and as liquidators of one of Australia's largest Ponzi schemes , including in various asset recovery actions. 
  • Professional services firms | Advised and represented various Australian and international firms and their senior partners in investigations into possible breaches of the Corporations Act by the Australian corporate regulator and Australian Taxation Office, including in compulsory examinations.
  • Bell Group liquidation | Advised on one of Australia's longest running and most complex group liquidations, including on complex distribution and winding up issues, numerous disputes in multiple superior courts, contested taxation appeals, a successful challenge in the High Court of Australia to the constitutional validity of State legislation, and on creditor schemes of arrangement for 22 group companies.