Background
Hernan has appeared in courts and tribunals on behalf of major national and international corporations, government departments and individuals.
Hernan’s practice builds on a broad career in government and public life. It spans a range of areas including: commercial litigation and class actions;
royal commissions, inquiries and coronial inquests; administrative law; corporations law; information technology; equity; and succession and family
provision.
Hernan works closely and collaboratively with solicitors to prepare matters for hearing. He is able to rapidly master complex technical issues and
engage in detail with experts across a wide range of disciplines. For example, in the recent matter of Johnston v Endeavour Energy, Hernan dealt
with experts in diverse subject areas including fire ignition, electrical engineering, metallurgy, arboriculture, mycology and vegetation management.
As a solicitor with King & Wood Mallesons from 2009 to 2012, Hernan acted in numerous international commercial arbitrations. He also acted for
White Industries Australia Limited in its successful claim against the Republic of India, an important case in international investment treaty
arbitration.
In 2008, Hernan was awarded the University Medal for Law by the University of NSW.
Prior to becoming a lawyer, Hernan worked for nearly fifteen years in the government, business and community sectors. During his career, he has worked
at the highest levels of government, including as Chief of Staff to a senior NSW Cabinet Minister and as an adviser to the Commonwealth Attorney-General
and the Minister for Justice. He has also worked as a policy adviser in the Department of Prime Minister and Cabinet and as a consultant speechwriter
for the Chief Executive of Optus.
In his personal time, Hernan plays the guitar. He also writes, arranges and records his own music using home recording software.
Focus Areas + Select Cases
Eades v Endeavour Energy
Johnston v Endeavour Energy
More & More v Endeavour Energy (More Action)
AMP Capital Investors Limited v Parsons Brinckerhoff Australia Pty Limited
Bill Express Limited (in liquidation) v Pitcher Partners (a firm)
Royal Commission into Institutional Responses to Child Sexual Abuse
Independent Commission Against Corruption Public Inquiry - Operation Credo (Australian Water Holdings Inquiry)
Queensland Health Payroll Commission of Inquiry
Coronial Inquiry into the Bushfires at Springwood and Mount Victoria
Coronial Inquest into the death of Brendan Vickery
Coronial Inquest into the death of Krystal Page
Coronial Inquest into the death of Chayce Kelly
Re Clarkes Pty Ltd [2015] NSWSC 2101
Re Macquarie Americas Holdings Pty Ltd [2015] NSWSC 2073
New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act (Newcastle Post Office Claim) [2014] NSWLEC 72
Minister Administering the Crown Lands ACT v New South Wales Aboriginal Land Council (Goomallee Claim) [2012] NSWCA 358
Notable Cases
White Industries Australia Limited v The Republic of India. Acted for an Australian investor in a claim brought under the Australia-India bilateral investment treaty. The arbitration was conducted in accordance with the UNCITRAL rules.
