Tom Fletcher
Partner, Brisbane
I am a versatile commercial and government dispute resolution specialist, who is recognised as an innovative problem-solver adept at achieving client objectives. I regularly advise on significant, high value and reputationally sensitive matters for government (State and Commonwealth), major energy corporations (government-owned and private) and universities (in every State and Territory of Australia).

I lead MinterEllison's contentious energy and resources practice. I have assisted our energy and resources clients in commercial court disputes and ADR processes, including international arbitration, domestic arbitration, adjudication, expert determination and under bespoke contractual processes, both government-owned and private.

I also lead MinterEllison's national higher education practice. I have assisted Australia's leading universities and private tertiary education providers to achieve their objectives, whilst navigating the broad array of risks and challenges they face.

I act for our clients across these practice areas in a broad range of binding and non-binding alternative dispute resolution processes - international arbitration, domestic arbitration, adjudication, expert determination and bespoke contractual processes. I also have deep experience in acting for our clients in contentious engagements with Commonwealth and State regulators.

I previously served as the Associate to the Honourable Paul de Jersey AC, then Chief Justice of Queensland.

Career highlights

Energy, resources and general

  • Global Oil and gas major: acted in relation to a confidential international arbitration in Brisbane administered by the Singapore International Arbitration Centre relating to alleged breach of a share sale agreement and misleading or deceptive conduct concerning the sale of significant gas assets, with combined claims in excess of $US1 billion
  • Anglo American: represented the company’s subsidiaries in a range of court disputes concerning the supply of coal to Callide Power Station, including in relation to the quality and quantity of coal supplied, liquidated damages claims, the application of force majeure provisions, the exercise of options to extend the contract and rights to terminate the long term supply agreements
  • Stanwell Corporation: successfully defended Federal Court proceedings brought by the Australian Energy Regulator for alleged breaches of the good faith rebidding obligation regarding the trading of electricity in the National Electricity Market pursuant to the National Electricity Rules (the first case brought by the AER alleging contravention of the National Electricity Rules)
  • Rio Tinto: acted for Rio Tinto and its joint venture partners in Supreme Court of Queensland proceedings with CS Energy concerning the supply of coal to and the operation and dispatch of Gladstone Power Station, securing determinations by way of separate early questions concerning the proper construction of coal supply and coal stockpile management contractual obligations
  • Brisbane City Council: acted in relation to a series of complex IT disputes with TechnologyOne, a company contracted to supply, implement and support a cloud solution
  • Wilmar International Limited: acted for a subsidiary in the first deemed arbitration with sugar growers under the controversial amendments to the Sugar Industry Act 1999 (Qld), securing an award that the provision compelling the parties to arbitration was beyond the legislative power of the Queensland Parliament and therefore unconstitutional
  • Thiess Indonesia: acted in a major sovereign risk case, successfully defending assertions by an Indonesian principal that changes to the mining laws and regulations of Indonesia had the effect of bringing a life-of-mine services contract for an Indonesian mine to an end
  • Wiggins Island Coal Export Terminal: acted in a series of disputes in adjudication, bespoke alternative dispute resolution processes and the Supreme Court of Queensland with Monadelphous and its Malaysian joint venture partner Muhibbah Engineering, one of the major contractors for the construction of the coal export terminal at Gladstone in Queensland
  • Rio Tinto: acted in relation to a dispute against Russian aluminium company RUSAL and one of its Italian subsidiaries concerning the supply of bauxite from Weipa to the Eurallumina refinery in Sardinia, Italy, and the subsidiary’s failure to take the nominated tonnage following the impacts of the global financial crisis
  • Pharmacy Guild of Australia (with the fiat of the Attorney General of NSW): acted in regulatory proceedings brought against a subsidiary of Coles concerning the purchase of an online pharmacy business in NSW for more than $50 million, in breach of the regulatory restrictions on pharmacy ownership. obtaining orders compelling the subsidiary to divest itself of the interest

Education

  • Universities' peak corporate governing bodies – advised the council / senate of multiple universities in Queensland, New South Wales, Western Australia and the Northern Territory on complex matters of governance, regulation and reputational risk
  • Universities in every State and Territory of Australia – advised and/or acted in many student disciplinary matters (both academic and general misconduct), including in subsequent challenges lodged with external bodies (including the Supreme Court, Federal Court, High Court, administrative tribunals, crime and corruption State regulators and State ombudsmen)
  • Universities in every State and Territory of Australia – acted for multiple universities in contentious engagements with the Commonwealth regulator (TEQSA) in relation to applications for renewal of registration and compliance assessments in every State and Territory of Australia, concerning a broad range of enterprise-wide risks, including entry standards, third party provider arrangements, PRISMS reporting obligations, response to and management of allegations of sexual assault and sexual harassment, maintenance of academic freedom and freedom of speech, and corporate and academic governance generally
  • Universities – drafted new grievance and misconduct regulations, policies and procedures, including in relation to allegations of sexual assault, sexual harassment and other gender-bvased violence against students, to ensure compliance with the Commonwealth regulatory regime and so that administrative decisions withstand legal challenge in the State and Commonwealth courts and tribunals
  • Creation of new universities and university colleges – Acted for Navitas (SAE University College), Australian College of Theology, Alphacrucis University College and Sydney College of Divinity in proceedings in the Administrative Appeals Tribunal, successfully challenging decisions by the Commonwealth regulator (TEQSA) refusing registration in the category of university college and/or negotiating settlement of the proceedings by TEQSA agreeing to that outcome
  • Private higher education and vocational education and training providers – acted in many internal review processes and proceedings in the Administrative Appeals Tribunal in relation to cancellation of registration and accreditation (and other adverse) decisions made by the Commonwealth tertiary education regulators, TEQSA and ASQA

Independent recognition

Best Lawyers

  • International Arbitration (since 2024)
  • Education Law (since 2023) (including 2025 Lawyer of the Year in Education Law)
  • Litigation (since 2020)
  • Alternative Dispute Resolution (since 2020)

Doyle's Guide

  • Leading Administrative & Public Lawyers – Australia (2021)
  • Leading Arbitration Lawyers – Australia (since 2020)
  • Leading Commercial Litigation & Dispute Resolution Lawyers – Queensland (since 2019)
  • Leading Construction & Infrastructure Litigation Lawyers – Queensland (since 2018)

Financial Times Innovative Lawyers Awards

  • Financial Times Innovative Lawyers Award (Asia Pacific) – Award for Innovation in Legal Expertise (2018): awarded for role and approach to resolving the multi-faceted disputes concerning the construction of the Wiggins Island Coal Export Terminal
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https://www.minterellison.com/people/tom-fletcher