About JacintaJacinta specialises in commercial litigation and dispute resolution. She has worked on a number of complex commercial and corporations law disputes, intellectual property matters including pharmaceutical patent and copyright matters and media law disputes including defamation and reputation management, in the Supreme Court of Victoria and Court of Appeal, the Federal Court and Full Federal Court and the High Court of Australia. Jacinta is conscious of her clients’ commercial and legal objectives, and works with them to adopt a strategic practical approach to managing and resolving their disputes.
European car manufacturer
Acting for a European car manufacturer and franchisor in Federal Court proceedings commenced against our client by a former franchisee of a dealership, involving assertions of trademark infringement, breach of contract, and claims on a guarantee and indemnity. The matter also included a multi-million dollar cross-claim for damages arising out of allegations of misleading and deceptive conduct, breach of contract and various declarations. The matter resolved on favourable confidential terms.
Acting for Generic Partners (a generic pharmaceutical supplier) in the following proceedings:
- GlaxoSmithKline Consumer Healthcare Investments (Ireland) (No. 2) Limited v Apotex Pty Ltd  FCA 608; GlaxoSmithKline Consumer Healthcare Investments (Ireland) (No 2) Limited v Generic Partners Pty Limited (No 2)  FCAFC 71
- Apotex Pty Ltd v Warner-Lambert Company LLC (No 3)  FCA 94; Warner-Lambert Company LLC v Apotex Pty Limited  FCAFC 58
Commercial and private clients
Acting for various commercial and private clients, in prosecuting and defending defamation claims, including the provision of general defamation advice, drafting concerns notices and offers to make amends, issuing proceedings against various print and online media organisations and negotiating the settlement of defamation disputes.
Latrobe City Council
Acting for Latrobe City Council in both the Supreme Court and Court of Appeal in a long-running dispute over the responsibility of the Morwell Main Drain at Hazelwood Coal Mine. We successfully argued on behalf of Council that the drain existed for the benefit of the mine and should remain their responsibility, both at first instance reported at Hazelwood Power Partnership v Latrobe City Council  VSC 638 and on appeal at Hazelwood Power Partnership v Latrobe City Council VSCA 129. The Court’s decision included ground-breaking interpretation of the law relating to ‘reasonable flows’ under the Water Act 1989 (Vic).
Acting for a fashion retailer in proceedings issued by a former supplier involving assertions of misleading and deceptive conduct under the Australian Consumer Law, breach of contract and conventional estoppel. The matter resolved on favourable confidential terms.
Milestone for defamation law in Australia
NSW is the first state to enact the changes into law when the Defamation Amendment Bill 2020 passed.
Are you liable for breaches as an 'officer' of a corporation?
A recent decision shows that duties & responsibilities apply to those who can affect the financial standing of a company