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Joanne Jary

LLB (Hons), BEcon, BCL (Oxon)

Partner - Brisbane

Areas of Expertise

Dispute Resolution & Litigation, Administrative law, Government, Competition & Consumer Law, Governance, Regulatory, Data & Privacy, White Collar Crime & Regulatory Investigations

Contact Joanne

+61 7 3135 0681 joanne.jary@holdingredlich.com Connect

Expertise

Joanne has more than 15 years’ experience in large scale and complex commercial litigation working within a premier law firm environment both in Brisbane and in London.  In addition, she has worked at a senior executive level within the Queensland Government. 

She specialises in the following areas of law: dispute resolution and litigation, public and administrative law, competition law, Government, regulatory and privacy.

Joanne has been recognised in the 2023 and 2024 Doyle’s Guide as a leading administrative & public lawyer in Queensland.

Experience

Joanne is an experienced commercial litigator and Government lawyer with significant experience in managing large scale and complex commercial and regulatory disputes in both state and federal jurisdictions as well as internationally.  She has a track record of being able to critically analyse matters and be able to provide clients with strategic advice that is clear and meets client’s expectations. 

Joanne’s litigation experience is complemented by her senior in-house government legal experience which provided her with a deep understanding of government operations, processes and public sector legislation and enabled her to be a respected sounding board and trusted advisor to her clients at all levels of Government.

Joanne’s significant experience includes:

Competition law and regulatory

  • advising on the declaration decisions for third party access for significant state infrastructure under the Queensland Competition Authority Act 1997 (QCA Act).
  • advising on decisions and statements of reasons made under QCA Act.
  • assessing and managing competition law risks on proposed Government projects.
  • providing training and ongoing advice on competition law compliance.
  • advising UK pay TV operator:
    • on proceedings brought by the UK Telecommunications Regulator requiring the compulsory supply of certain pay TV channels at regulated prices. 
    • on the European Commission’s market investigation into pay TV movie rights. 
    • on proceedings brought against the operator for misuse of market power. 
  • advising on follow on damages claims arising from a European Commission cartel infringement decision.

Contractual and construction litigation

  • acting for the owner of a coal export terminal in Supreme Court of New South Wales proceedings in its complex contractual and tortious dispute with its contractors, subcontractor and insurers regarding the alleged defective design and construction, and resultant flooding, of one of its coal dump stations.
  • acting for a Queensland based mining joint venture in Supreme Court of Queensland proceedings in its contractual dispute with one of its contractors regarding the alleged incomplete and defective construction work for one of its mines.
  • acting for the owner of an oil and gas asset and its ongoing disputes with its contractors including in respect of very significant claims made under the security of payment legislation.

Public and administrative law and government

  • experience in advising on compliance with government policies and frameworks, complex matters of statutory interpretation and regulatory issues.
  • experience in developing and assessing government legal structures and governance. 
  • advising on the development and introduction of legislation.
  • advising on allegations of corrupt conduct including advising on whether conduct requires referral to the Queensland Crime and Corruption Commission.
  • advising on emerging issues including human rights compliance.

Confidentiality, information sharing, privacy and right to information

  • advising on information sharing including appropriate confidentiality agreements, terms of use and collection notices. 
  • advising on compliance with the Information Privacy Act 2009 including privacy complaints, breaches and OIC and QCAT proceedings.
  • advising on scope of right to information obligations.

Publications

14 November 2024 - Knowledge

Queensland Government Bulletin: You have been MoG-ed – what should your department be considering?

#Government, #Queensland Government

The newly elected Crisafulli government has re-organised departments in the public sector, bringing in Machinery of Governmernt (MoG) changes that may present new challenges. We share steps government departments can take to prepare themselves.

30 October 2024 - Knowledge

Proposed reforms to the Australian Consumer Law set to address unfair trading practices

#Competition & Consumer Law

The government has recently announced proposed reforms to expand the framework under the Australian Consumer Law to include a wider range of unfair conduct that is currently unregulated.

23 October 2024 - Knowledge

Federal Court fines Vanguard $12.9 million for greenwashing conduct

#Environmental, Social and Governance (ESG), #Competition & Consumer Law, #Governance, #Superannuation, Funds Management & Financial Services

The Federal Court has fined Vanguard Investments Australia Ltd $12.9 million for making misleading representations about its Ethically Conscious Fund. This is the highest penalty imposed on a business for greenwashing conduct to date.

16 October 2024 - Knowledge

Australian Government introduces landmark merger reform Bill

#Mergers and Acquisitions, #Competition & Consumer Law

The highly anticipated Bill marks a shift from the current voluntary ‘informal’ notification system to a mandatory and suspensory administrative system for mergers and acquisitions that meet certain notification thresholds.

13 October 2024 - Knowledge

Administrative Review Tribunal: A change that merits discussion

#Government, #Dispute Resolution & Litigation

With the Administrative Review Tribunal commencing operation on 14 October, we discuss the key changes introduced by the new reform and what government practitioners need to know.

01 October 2024 - Knowledge

Not so Good Guys: ACCC cracks down on misleading store credit and ‘StoreCash’ promotions

#Competition & Consumer Law, #Dispute Resolution & Litigation

The Australian Competition and Consumer Commission has initiated proceedings against The Good Guys, alleging that the retailer engaged in misleading or deceptive conduct concerning its Store Credit and ‘StoreCash’ promotions.

24 September 2024 - Knowledge

Queensland Government Bulletin: Queensland state election – understanding caretaker conventions

#Government

As Queensland approaches the state election on 26 October, government will enter a ‘caretaker’ period. We provide a short refresher on the core principles of the caretaker conventions, highlighting key considerations that you need to be aware of.

24 September 2024 - Knowledge

Down, down… to court we go: Coles and Woolworths in hot water over 'price drops'

#Competition & Consumer Law, #Dispute Resolution & Litigation

The ACCC has brought separate proceedings against Coles and Woolworths for allegedly misleading consumers with their 'Down Down' and 'Prices Dropped' promotions, falsely claiming discounts on products whose prices were temporarily increased beforehand.

09 September 2024 - Knowledge

The Implied Undertaking: Implications for government entities

#Government, #Dispute Resolution & Litigation

The recent spotlight on the implied undertaking or the Harman undertaking, presents an opportunity for government bodies to revisit their legal obligations when receiving, and using, information obtained during legal proceedings, other inquiries or investigations.

04 September 2024 - Knowledge

Australia’s new merger thresholds: A bold shift in market regulation

#Mergers and Acquisitions, #Corporate & Commercial Law

Following the Australian Government’s significant overhaul of its merger control regime, we discuss the far-reaching implications this change will have on businesses operating in the country.

20 August 2024 - Knowledge

Federal Court imposes $11.3 million penalty in ASIC’s first greenwashing case

#Environmental, Social and Governance (ESG), #Competition & Consumer Law, #Governance, #Superannuation, Funds Management & Financial Services

The Federal Court has fined Mercer $11.3 million in the Australian Securities and Investments Commission’s (ASIC) first greenwashing case. What can businesses learn from this decision and how can they avoid making misleading claims?

15 July 2024 - Knowledge

Queensland Government Bulletin: The implied undertaking – implications for government entities

#Government, #Dispute Resolution & Litigation

The recent spotlight on the implied undertaking or the Harman undertaking, presents an opportunity for government bodies to revisit their legal obligations when receiving, and using, information obtained during legal proceedings, other inquiries or investigations.

16 April 2024 - Knowledge

Government announces significant changes to Australia’s merger regime

#Competition & Consumer Law, #Mergers and Acquisitions

The Federal Government has announced a substantial reform of Australia’s merger regime. We summarise the proposed changes and discuss their potential impact on businesses.

13 March 2024 - Knowledge

Overview: ACCC’s 2024-25 compliance and enforcement priorities

#Competition & Consumer Law

The ACCC’s recent 2024-25 Compliance and Enforcement Policy and Priorities will focus on net zero transition, ongoing digital transformation and tackling cost of living pressures.

24 October 2023 - Knowledge

Final countdown to Australia’s unfair contract terms regime

#Competition & Consumer Law, #Corporate & Commercial Law

Businesses are encouraged to remove or amend any unfair contract terms in standard form contracts by 9 November 2023, when reforms to Australia’s unfair contract terms regime under the Australian Consumer Law take effect.

13 June 2023 - Knowledge

Budding problem – ACCC proceeding against ‘local’ florist

#Competition & Consumer Law

Roses are red, violets are blue, when advertising 'local' flowers, the claim must be true. ACCC proceeding against online retailer Meg’s Flowers Pty Ltd gives a timely reminder to all businesses that claims and statements must be able to be substantiated under the Australian Consumer Law.

15 March 2023 - Knowledge

Comply or face enforcement – ACCC announces 2023-24 priorities

#Competition & Consumer Law

The ACCC has given businesses fair warning that it will focus on cost of living pressures, the price of essential services, the integrity of environmental and sustainability claims and anti-competitive conduct with the release of its 2023-24 Compliance and Enforcement Policy and Priorities.

08 March 2023 - Knowledge

Greenwashing unsustainable following ASIC and ACCC enforcement action: How your business can stay off the regulators’ radar

#Environmental, Social and Governance (ESG), #Competition & Consumer Law, #Superannuation, Funds Management & Financial Services

Australia’s corporate and consumer regulators are on red alert for greenwashing and have prioritised investigating and taking enforcement action in connection with misleading disclosures and marketing.

Holding Redlich respectfully acknowledges the Traditional Owners of the land on which we operate as the continuing custodians of this land. We recognise their continuing connection to Country, practices, knowledge systems and communities. We pay our respects to Elders, past and present.

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