Scott is a highly-regarded and versatile dispute resolution lawyer with over 15 years of domestic and international experience of acting for multinational corporates, investment and retail banks, funds, leading private companies, governments, professional services firms, insurers and reinsurers, and company directors operating across a wide range of sectors and industries, often in relation to high-profile, corporate-threatening or reputational disputes.
He trained and practised for several years in London at leading firm, Slaughter and May, before moving to Australia where he has worked at top-tier and magic circle firms prior to joining the partnership of Thomson Geer.
His practice spans a broad spectrum of contentious disciplines: complex commercial litigation, including class actions and cross-border disputes; financial services disputes; arbitration; regulatory investigations and enforcement proceedings (including white collar criminal matters); and contentious insolvency work. His extensive experience includes disputes concerning corporations law (including breach of continuous disclosure obligations); directors’ duties; contractual and warranty claims; tort; misleading and deceptive conduct; fraud; anti-competitive conduct (including cartels, price-fixing and abuse of dominant position); public law matters (judicial review and constitutional); professional negligence; and insolvency.
He is admitted in the High Court of Australia, Supreme Court of New South Wales and as a Solicitor-Advocate in the Senior Courts of England & Wales. He is a member of the Commercial Law Association of Australia and TMA Australia.
Notable cases on which Scott worked in London include:
- “Bank Fees Litigation”: acting for Nationwide Building Society in its, and other UK retail banks’, successful defence of GBP 9 billion proceedings concerning the legality of certain bank fees, culminating in a landmark victory in the House of Lords (Office of Fair Trading v Abbey National Plc & Ors  UKSC 6), the subject of which was subsequently litigated in Australia (Andrews v ANZ Group Ltd  HCA 30)
- “Air Cargo Litigation”: acting for British Airways in its defence of GBP 1 billion proceedings in the English High Court brought by 500+ freight shippers in relation to alleged cartels in the global air cargo market including BA suing over 20 carriers around the globe for contribution in parallel to proceedings brought against BA and other airlines in multiple jurisdictions, which followed long-running, cross-border regulatory investigations (Emerald Supplies Ltd & Ors v British Airways Plc  EWCA 1024) and assisting BA at an unannounced “dawn raid” by the European Commission
Scott Castledine’s recent experience includes:
- Mitsubishi Fuel Labelling Class Action: currently acting for Mitsubishi Motors Corporation and Mitsubishi Motors Australia Ltd in their defence of a multi-million dollar class action in the Federal Court of Australia (Sydney Registry) brought for alleged misleading and deceptive conduct and breach of statutory consumer guarantees in connection with representations regarding the fuel efficiency of certain vehicles
- Arrium Proceedings: successfully defending leading law firm, Herbert Smith Freehills, in multiple proceedings (NSW Supreme Court) brought by liquidators and numerous major banks and funds arising out of the collapse of mining group, Arrium, one of the largest administrations in Australian corporate history (Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2)  NSWSC 1025)
- Dick Smith Proceedings: successfully defending Deloitte in multiple class actions and other proceedings (NSW Supreme Court) arising out of the collapse of electronics retailer, Dick Smith, resulting in a successful discontinuance against Deloitte (DSHE Holdings (Receivers & Managers Appointed)(In Liquidation) v Nicholas Abboud (No 3); National Australia Bank Limited v Nicholas Abboud (No 4)  NSWSC 673)
- Hastie Group Proceedings: acting for a former director in his defence of liquidator proceedings (NSW Supreme Court) for breach of directors’ duties arising out of the collapse of the Hastie Group, resulting in a successful discontinuance (Hastie Group Ltd (in liq) v Bourne; Hastie Group (in liq) v Moore  NSWSC 709)
- Acting for certain board directors of a major Australian bank in their successful response to a high-profile ASIC investigation arising out of AML/CTF breaches and $700m settlement with AUSTRAC
- Acting for Pinsent Masons in its successful defence of injunction proceedings (NSW Supreme Court) brought by Spanish contractor, Tecnicas Reunidas, to restrain it from acting for Downer against Tecnicas Reunidas in an international arbitration for, among other grounds, breach of fiduciary duty of loyalty (Tecnicas Reunidas SA v Andrew  NSWCA 192)
- Bupa HI Pty Ltd v Chang  FCAFC 180: acting for leading ophthalmologist in his successful defence of proceedings commenced by Bupa in the Federal Court of Australia for misleading or deceptive conduct and mistaken payment in relation to Medicare claims.
- Acting for QBE in its defence of a securities class action (Federal Court of Australia) arising out of a $1 billion profit downgrade and “common fund” application (Money Max Int Pty Ltd v QBE Insurance Group Ltd  FCAFC 148
- Acting for Leighton Holdings (now CIMIC) in its defence and $70m settlement of a securities class action arising out of a $1 billion profit downgrade in connection with AirportLink in Brisbane, a Desalination Project in Victoria and investments in the Middle East