Nicholas Driver

Nicholas is a Senior Associate in the Commercial Litigation Team at Kennedys’ Melbourne office.

Nicholas is an experienced litigator having acted for insurers, large & ASX listed organisations, private companies, and government organisations.  Nicholas has worked across a range of different practice areas including general commercial litigation, coverage disputes, ASIC regulatory investigations and director’s duties. 

Prior to joining Kennedys in 2020, Nicholas worked for one of Australia’s largest firms conducting & overseeing proceedings in the Supreme Courts of NSW & Victoria, Victorian Civil & Administrative Tribunal & the Federal Circuit Court of Australia.

In addition to the above Nicholas has completed a secondment at the National Australia Bank within the statutory compliance team.

Work highlights

• Nicholas acted for a large multinational energy company (on behalf of its insurer) in a complex multi-party Supreme Court of Victoria Proceedings concerning a flashover event at the Victorian Desalination Plant where the claimed amount exceeded $50m.  The proceedings resolved in September 2022 after day 1 of a 5-week trial on favourable terms for the client.
• Nicholas also acted for a large multinational energy company in separate Supreme Court of Victoria proceedings where the claimed amount exceeded $30m.  The proceedings resolved in July 2021 prior to the close of pleadings with the claimant consenting to orders that the proceeding be dismissed, and that it pay the client legal costs on a full indemnity basis. 
• Gomez & Anor v Carrafa (Trustee) [2018] FCA 201 – overseeing the conduct of an ultimately successful defence of an appeal to the Federal Court of Appeal of the above matter. Appealed on a number of factors, including the application of the equity of exoneration, application of the business record hearsay exception provided by the s 69 of the Evidence Act 1969 and failure to provide procedural fairness by the judge in the proceeding below.

Qualifications/Education

• Bachelor of Environments | University of Melbourne | 2011
• Juris Doctor | University of Melbourne | 2014

Admissions

• Supreme Court of Victoria | 2016
• High Court of Australia | 2016