Brent Fisse

Brent Fisse Lawyers (Paddington)
Lawyer - Professor

Brent Fisse has extensive experience in trade practices and competition law, corporate regulation and e-commerce. He has acted for clients in a wide range of industries including information technology, health, telecommunications, energy, transport, motor vehicles, music, metals, retail grocery, financial services, sport, tourism. recruitment and publishing and broadcasting. He has also acted for several regulatory agencies. Brent became a partner of Gilbert + Tobin in 1995, after acting for the firm for two years as a consultant. At Gilbert + Tobin he practised mainly in trade practices and competition law and telecommunications regulation, often for Optus against Telstra in the mid-to-late 1990s. With Greg Corrigan of Tankstream Systems, he also developed G+T online trade practices compliance training programs for many leading Australian companies. Since retiring from Gilbert + Tobin in 2004, Brent has run his own specialist trade practices advisory practice. He also continues to develop online compliance applications with Greg Corrigan and Tankstream Systems. In 1995 Brent advised the ACCC on alternative sanctions against corporations, in the form of draft legislative proposals and a commentary on corporate probation and community service orders. More recently, he advised the Commerce Commission of NZ in a range of competition law matters. In 2010 and 2011 he assisted the Federal Court in running workshops on cartel offences and criminal cartel trisls. Brent has assisted in the work of various law reform agencies, including: the SA Penal Methods Reform Committee 1973-1974 (consultant); the ALRC (Powers of Criminal Investigation 1974 (consultant); Compliance with the Trade Practices Act 1994 (Commissioner part-time); Principled Regulation: Civil and Administrative Penalties in Australian Federal Regulation 2002) (member, Advisory Committee)); and the NSW Law Reform Commission (part-time Commissioner 1990-1997). He acted as a consultant to the Attorney-General’s Department in 1974-1975 (Federal Criminal Code project), and as a member of the drafting committee for AS 3806 Compliance Programs in 1997-1998 and 2005-2006. rent is the co-author (with Caron Beaton-Wells) of Australian Cartel Regulation, published by Cambridge University Press in February 2011. Other books and papers include: Corporations, Crime and Accountability (with John Braithwaite. 1993), The Impact of Publicity on Corporate Offenders (with John Braithwaite, 1983), Securities Regulation in Australia and New Zealand (co-editor 1st & 2nd eds with Gordon Walker and Ian Ramsay); “Reconstructing Corporate Criminal Law: Deterrence, Retribution, Fault and Sanctions” (1983) 56 Southern California Law Review 1145; and the fifth edition of Howard’s Criminal Law (1990). Brent taught at the University of Adelaide Law School from 1964-1985 and from 1985-1995 at the University of Sydney where he was a professor of law. His other academic positions have included: Bicentennial Fellow, University of Pennsylvania (1968-1969); Research Professor, University of Delaware, 1981-1982; and Mitchell Distinguished Visiting Professor, Trinity University, San Antonio, 1984. He is currently an adjunct professor of law at the University of Sydney and La Trobe University and a Senior Fellow of the Melbourne Law School. Brent is a member of the American Bar Association Antitrust Section, SIMA and the Law Council of Australia’s Competition and Consumer Committee. He is a consultant in the Aegis Consulting group, a board member of REGNET and the managing director of Lexpert Publications Pty Ltd.


1111 Bulletin

Brent Fisse The Federal Court of Australia issues its first decision on cartel liability under the Competition and Consumer Act 2010: a wake up call to those doing private equity deals (Norcast v Bradken)


1. The decision in Norcast S.ár.L v Bradken Limited (No 2) [2013] FCA 235 (19 March 2013) The decision of the Federal Court of Australia (Gordon J) in Norcast S.ár.L v Bradken Limited (No 2)[2013] FCA 235 (Norcast v Bradken) is the first test case on liability under the cartel amendments in 2009 (...)

Brent Fisse The Federal Court of Australia rejects competition law challenge to thoroughbred horse racing rules that exclude them from artificial insemination (McHugh / The Australian Jockey Club)


1. Artificial insemination and thoroughbred racehorses –anti-competitive agreements and the decision in McHugh v The Australian Jockey Club Limited [2012] FCA 1441(19 December 2012) Thoroughbred horse racing around the world is governed by rules that do not allow thoroughbreds bred by (...)

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