Damian Grave

Practice Areas

Damian helps clients manage key business risks and resolve their most complex commercial and regulatory disputes, including major class action risks, across a broad range of industry sectors.

Based in Melbourne, Damian gained valuable experience over a number of years working in London and continues to work widely across our Australian and international offices. He is recognised as a leading litigation and Disputes lawyer across all key industry publications.

Damian’s strategic approach to managing disputes focuses on delivering successful commercial outcomes for clients.

Damian is the Client Relationship Partner for a number of the firm’s most significant global clients.

He is co-author of the leading books on class actions in Australia and the UK, Class Actions in Australia (Third Edition, Thomson Reuters, 2022) and Class Actions in England and Wales (Second Edition, Sweet & Maxwell, 2022), respectively. He regularly presents and comments on legal issues, including class actions and litigation funding.

He has led our market leading global class actions practice over many years and before that the wider Australia Disputes practice which spanned the period both before and after the merger of Herbert Smith Freehills.

Background:

Damian holds a Bachelor of Laws with Honours and a Bachelor of Economics from the University of Adelaide. He also has a Bachelor of Civil Law from the University of Oxford and a Master of Laws from the University of Cambridge. He has completed the Advanced Management Program at Harvard Business School. Damian is admitted to practise across Australia and in England and Wales.

Market Recognition:

Damian is recognised as a Star Litigator in Australia by Benchmark Litigation. He has been consistently ranked in Chambers Asia Pacific (Dispute Resolution) and as a leading individual in Legal 500 (Dispute Resolution and Class Actions). Chambers attributes Damian’s market recognition to “not only his personal ‘experience and expertise’ and thought leadership in this field, but also as one of the key reasons for Herbert Smith Freehills having ‘really set themselves apart from everyone else’ in that space.”

Damian has also been acknowledged by his peers in Best Lawyers as:

one of a small number of solicitors in the category of Bet-the-Company Litigation over many years.

Lawyer of the Year for work in Class Action Litigation.

Publications

Damian is co-author of the leading Australian text on class actions, Class Actions in Australia, now in its Third Edition (Thomson Reuters, 2022).

He is also co-editor and co-author of Class Actions in England and Wales, now in its Second Edition (Sweet & Maxwell, 2022). This is a definitive review of the law and practice of class actions in England and Wales.

During 2017 he was also co-editor of 25 Years of Class Actions in Australia: 1992-2017, a new book which brought together a number of contributors and perspectives on the first 25 years of class actions in Australia.

Work Highlights

Ansell in defending a shareholder class action in relation to alleged non disclosures concerning its FY22 earning guidance.

James Hardie in defending a shareholder class action in relation to alleged non disclosures concerning its FY23 earning guidance.

A global automotive manufacturer in defending a product liability class action in relation to diesel emissions.

Evans & Partners in relation to a range of multi-faceted issues including the defence of class action proceedings and related regulatory investigations.

A number of ASX listed companies on ESG related issues and litigation risk arising from activists.

Mayne Pharma in defending a securities class action relating to alleged non disclosures concerning US competition law matters.

The State of Victoria in defending multiple class actions for alleged economic loss arising from Hotel Quarantine and the COVID 19 restrictions across the State of Victoria.

Coles in defending regulatory proceedings by the Fair Work Ombudsman and a class action by a plaintiff law firm both relating to alleged underpayment claims of salaried managers.

Treasury Wine Estates in defending multiple shareholder class actions in relation to alleged non disclosures concerning FY20 earnings guidance having also successfully defended TWE in previous shareholder class actions