Sylvia Fernandez has practised in the area of commercial litigation for the last 26 years.
Sylvia has acted for clients in relation to regulatory matters involving the Australian Securities and Investment Commission, and the Australian Securities Exchange (ASX). She has acted in a wide range of shareholder litigation involving listed and unlisted public companies and private companies. She has advised in relation to corporate and capital markets matters and recently brought an application to restore a company to the ASX’s official list after a delisting decision.
Sylvia’s practice has involved high stakes litigation in the Supreme Courts in different States of Australia and in the Federal Court. She has acted for a State Owned Corporation, Integral Energy now known as Endeavour Energy, in relation to a critical IT disaster and the City of Sydney in its now famous IP litigation against Moses Obeid and Streetscape in relation to the Smartpole which uncovered the extent of the corruption involving the Obeid family and government contract and approvals. She has acted across her career for Deloitte in relation to range of cases involving reputational and professional issues. Sylvia has also been involved in representing a number of clients in relation to the Royal Commission into Aged Care Quality and Safety and the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.
Sylvia has served as a member of the NSW Law Society’s Committee on Litigation Law for the last 17 years and she is the Law Society’s representative on the Supreme Court Rules Committee. She has been on the board of the Spanish Chamber of Commerce for over ten years. In 2019, she received the King of Spain’s Order of Civil Merit in relation to her work in promoting Spanish companies in the Australian market.
Sylvia has provided presentations on corporate governance issues to the Chartered Governance Institute and Australian Securities and Investments Commission (ASIC).
Sylvia Fernandez’s recent experience includes:
- Acting for an Australian media company in relation to allegations involving breach of equitable duties in the Federal Court of Australia.
- Acting for a local government authority in relation to a claim involving contractual and other equitable breaches associated with the exploitation of intellectual property.
- Representing an Australian multi-national manufacturer of steel in relation to a breach of contract claim in the Supreme Court of New South Wales.
- Representing a state owned corporation in a claim over the installation of critical software systems. The high dollar claim was litigated in the Supreme Court of New South Wales. The case was successfully settled in the context of a multi-party mediation.
- Representing a major accounting firm in relation to a large damages claim for breach of warranty and trade practices claims arising from the sale of a business.