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Luke Hastings

Partner

Luke is a Partner in the Dispute Resolution practice and specialises in contentious financial services regulatory matters.

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Experience

Luke has a wealth of litigation and corporate experience, and specialises in contentious financial services regulatory matters. He works closely with his colleagues in HSF’s global FSR team. His advice is also sought by public and private sector clients from a range of industries on appeals, class actions, commissions of inquiry, constitutional challenges, and mergers and acquisitions.

Chambers Asia Pacific 2018 notes:

Luke Hastings is universally acknowledged as a leading dispute resolution partner in the contentious financial services regulatory space. His clients include global financial institutions, and sources enthuse: "He is fantastic: he has so much depth of experience, he is incredibly passionate about what he does and he's also got incredible pragmatism and strategic understanding."

Practice head Luke Hastings is widely acclaimed as one of the most effective performers in Australia's regulatory litigation space. A client who emphasises in particular his flair for handling disputes arising out of "complex mergers and acquisitions or any court-approved scheme" goes on to say: "He's highly pragmatic, highly commercial, knows the best counsel and gets straight to the point." He acts particularly frequently for high-profile financial services sector clients.

Ranked tier 1 in Legal 500 Asia Pacific 2018 (Regulatory Compliance and Investigations), Luke is noted for his “unique insights into Financial Services Regulatory work”, and is “calm, thoughtful, pragmatic” and “one of the best in the area”. 

Luke's recent experience includes:

Financial services/contentious regulatory

  • Citigroup in a landmark insider trading proceeding brought by the Australian Securities and Investments Commission. Considered an international ‘test case’ raising novel issues including the ‘Chinese Wall’ defence and investment banks’ procedures for handling potential conflicts of interest. All of ASIC’s claims were dismissed
  • Global investment banks in relation to ASIC investigations of benchmark rates (BBSW and FX)
  • Bank of China in Federal Court proceeding concerning fraudulent USD50m promissory note
  • Goldman Sachs, Bank of America Merrill Lynch, UBS, and other investment banks in various market-related proceedings brought by the Australian Securities Exchange and ASIC
  • Commonwealth Bank of Australia and Bankwest in the ‘exception fee’ class action
  • Hanlong Mining in relation to ASIC insider trading investigation and associated prosecutions
  • JPMorgan in relation to futures broking client’s fraudulent passing of cheques
  • ASX-listed entities in relation to continuous disclosure compliance and ASIC infringement notice proceedings
  • CEO and founder of financial services firm and broker/dealer in successfully opposing ASIC banning order and securing confidentiality regime
  • Bendigo and Adelaide Bank on its successful appeal related to the acquisition of Macquarie Bank’s margin lending business
  • Financial institutions regarding financial sanctions, counter-terrorism, and anti–money laundering regulations in Australia

M&A

  • Centro in its restructure, involving creditors’ schemes of arrangement
  • Various clients on contested applications before the Australian Takeovers Panel
  • CSR on its successful appeal in connection with the demerger of sugar business Sucrogen
  • Various clients on numerous merger and demerger schemes of arrangement

Mining

  • BHP Billiton in international arbitration against Amcor regarding Philippines nickel joint venture
  • Northern Territory Government on the constitutional challenge to the Jabiluka uranium mine
  • Ross Mining in landowner class actions in the Solomon Islands


Commissions of inquiry

  • Lend Lease in the Royal Commission into Trade Union Governance and Competition in 2014-15
  • ActewAGL in the coronial inquiry into the 2003 Canberra bushfires
  • Lend Lease in the coronial inquest into the 1997 landslide at Thredbo Village, NSW, and subsequent civil litigation
  • Bovis Lend Lease in the Royal Commission into the Australian Building and Construction Industry in 2001-3, the Royal Commission into the Building Industry in New South Wales in 1991-2 and the Royal Commission into the Leasing of Centenary House in 2004

 

Background

Luke has a Master of Laws from the University of Sydney, focusing on corporate finance, competition law and media law. He graduated from the same university in Economics and Law.

Luke regularly contributes articles to industry and legal journals and is the author of ‘Enforcing the Continuous Disclosure Regime – Three Case Studies’ in Regulation, Litigation and Enforcement by Michael Legg.

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