Managing Principal

RHYS DUTTON - MANAGING PRINCIPAL

About

We uphold the highest standards of legal excellence, ensuring that our clients receive top-tier representation and strategic counsel tailored to their unique needs.

Rhys is the Managing Partner at Dutlaw, where he leads the firm's complex litigation practice. Throughout his career, Rhys has built a reputation for handling high-stakes cases that require a sophisticated and strategic approach. He has acted in numerous high profile matters spanning a wide range of industries, including banking, finance, accounting, audit, engineering, mining and professional services and he has represented clients in both State and Federal Courts across the country.

Known for his sharp analytical mind and meticulous attention to detail, Rhys combines a deep understanding of the law with a pragmatic, results-driven approach. He has successfully navigated numerous high-profile cases, achieving favorable outcomes for clients while minimising risk and exposure.

Rhys is particularly recognised for his leadership in complex litigation, directing multi-disciplinary teams through the intricacies of large-scale disputes and ensuring that every aspect of a case is handled with precision. His ability to craft innovative legal strategies and his focus on clear, compelling advocacy have earned him the trust of both clients and colleagues.

Under Rhys’ leadership, Dutlaw continues to be at the forefront of complex litigation, offering clients unparalleled expertise and a track record of success.

Relevant Experience

English Cases:

Credit Suisse in defending the ‘Tuna Bonds’ case - a complex multi-jurisdictional dispute brought by the Republic of Mozambique resulting from a series of related US$2.2 billion loan transactions, alleged to have been procured through bribery and corruption;
BHP Group and other entities in defending claims arising out of the collapse of the Fundão Dam in Brazil. The case involved over 600,000 claimants advancing claims under Brazilian law in the English Courts, described in the press as one of the largest lawsuits in English legal history;
the Aston Martin Racing Formula 1 group of entities in relation to a complex trust dispute in the context of a related investment and share acquisition; and
First MTR South Western Trains in respect of the first standalone and first alleged abuse of dominance related collective proceedings brought in the Competition Appeal Tribunal under the UK's competition class action regime.

Australian Cases:

in the defence of proceedings arising from the collapse of one of Australia's largest managed investment funds with over $1 billion in funds under management:
- Re LM Investment Management Ltd (in liq) [2022] QSC 132;
for Deloitte Touche Tohmatsu in relation to complex, multi-party proceedings arising from the collapse of ASX 200 electronics retailer, Dick Smith:
- DSHE Holdings (Receivers & Managers Appointed)(In Liquidation) v Nicholas Abboud (No 3); National Australia Bank v Nicholas Abboud (No 4) [2021] NSWSC 673 (Company and Bank proceedings);
- Findlay v DSHE Holdings Ltd; Mastoris v DSHE Holdings Ltd; Mastoris v Allianz Australia Insurance Ltd [2021] NSWSC 249 (class action settlement approval); and
- DSHE Holdings (Receivers & Managers Appointed)(In Liquidation) v Nicholas Abboud (No 4); National Australia Bank Limited v Nicholas Abboud (No 5) [2022] NSWSC 91 (costs judgment);
in the defence of a shareholder class action arising from the collapse of Hastie Group (a global construction company within the ASX 200):
- Sadie Ville Pty Ltd v Deloitte Touche Tohmatsu (A Firm) (No 7) [2023] FCA 1273 (and other related judgments);
on behalf of a private equity firm to bring proceedings for breach of warranties in relation to the purchase of Australia's largest wine group;
in relation to public examinations arising from subsidiaries of an ASX 200 company being placed into administration (see
- In the matter of Northern Energy Corporation Limited [2020] NSWSC 1073;
on behalf of an Australian retailer in relation to contractual breaches by a major Chinese bank;
on behalf of Suncorp in relation to negligent legal advice, the interpretation of stamp duty legislation across all Australian states and territories, and recovery under those Acts and in the context of the Limitation Act 1969 (NSW);
a leading engineering firm in relation to the collapse of a complex cantilevered tower crane design, associated litigation in addition to proceedings brought by the regulator for breach of various statutory duties;
Nash v Silver City Drilling (NSW) Pty Ltd [2017] NSWCA 100 - a resource entity in relation to a Judicial review of a refusal to order costs, whether that refusal constituted an ‘order’, and whether a prosecutor had a right of appeal under s 5AA of the Criminal Appeal Act 1912 (NSW);
Attorney General for New South Wales v Silver City Drilling (NSW) Pty Ltd [2017] NSWCCA 96 - a resource entity in relation to an appeal in relation to inadequacy of moiety of fine, objective seriousness of offence, whether the Court of Appeal should exercise power to resentence and whether the Supreme Court appropriately exercised its discretion;
Wharekawa v AEA Constructions Pty Ltd; Building Partners Pty Ltd v AEA Constructions Pty Ltd [2018] NSWSC 684 and NSWCA 176 - a construction entity in relation to the scope of vicarious liability and duty of care, the apportionment of responsibility and damages;
South Sydney Junior Rugby League Club Ltd v Gazis [2016] NSWCA 8 - a national insurer in relation to the question of reasonable foreseeability, breach of duty and causation; and
Kuypers v Ashton Coal Operations Pty Ltd [2014] NSWSC 1276 (and 11 other related, reported matters) - a resource entity in relation to the definition of a coal miner under the Coal Industry Act 2001 (NSW), the result of which necessitated amendment to the relevant legislation - see the Coal Industry Amendment Bill 2018 (NSW).