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Articles by Rocco Russo
Cooper Grace Ward disputes practice recognised in 2026 global rankings
Cooper Grace Ward’s litigation and dispute resolution team, led by partner Rocco Russo, has once again been recognised in the recently released Chambers & Partners 2026 Global rankings. This prestigious international guide ranks the top lawyers, law firms and in-house counsel across more than 200 jurisdictions worldwide, following a rigorous and independent research process that includes thousands of interviews with clients and industry peers.
Rocco Russo and Cooper Grace Ward’s dispute resolution team listed in Chambers Asia-Pacific 2026 rankings
Cooper Grace Ward is proud to announce that Chambers & Partners, a leading international legal research and ranking organisation, has once again recognised Rocco Russo and our litigation and dispute resolution team in its 2026 Chambers Asia-Pacific guide. Lead partner Rocco Russo and our litigation and dispute resolution team have been included in the rankings of Australia’s leading lawyers and law firms in the area of dispute resolution.
Rocco Russo listed in 2025 Lexology Index
Cooper Grace Ward is delighted to announce that lead commercial litigation partner, Rocco Russo, has again been listed in the Lexology Index (formerly known as Who’s Who Legal), alongside a select group of Australia’s leading legal experts. This year, Rocco has been recommended for his expertise in both commercial litigation and professional negligence, building on his 2024 accolades as a Client Choice Award winner and Global Thought Leader in professional negligence.
When does a property consultant have authority to bind a commercial landlord to a lease?
The Supreme Court of Queensland case of GPP Arundel Pty Ltd v Basford Pty Ltd [2025] QSC 165 involved the lease of a commercial property in Arundel, Queensland. The landlords were Basford PtyLtd and Wisely Pty Ltd (landlord), companies associated with the United Petroleum Group. The original tenant was GPP Arundel Pty Ltd (tenant), a company associated with national pharmacy business Good Price Pharmacy Warehouse.
Leading Commercial Litigation & Dispute Resolution Lawyers in Queensland
Cooper Grace Ward is delighted to announce Doyles Guide has listed litigation and dispute resolution partner Rocco Russo and his team in their 2025 rankings of Leading Commercial Litigation & Dispute Resolution Lawyers and Law Firms in Queensland. Rocco has again been ranked in the Leading category, which places him at the top end of commercial litigators in the Queensland market.
CGW wins four Beaton Client Choice Awards for 2025
Cooper Grace Ward has been announced as the winner of four categories in the latest Beaton Client Choice Awards: Best Australian Law Firm, Best Professional Services Firm, Most Innovative Law & Related Services Firm, and Most Trusted Law & Related Services Firm. This is the second consecutive year the firm has been named Best Professional Services Firm and Best Australian Law Firm (revenue $30-100m), highlighting the consistency of the firm’s performance.
It depends - Can I safeguard our intergenerational family business from a family law claim?
In this edition of It depends, family partner Justine Woods discusses whether you can safeguard an intergenerational family business from a family law claim. Video Transcript Hello. Hello, everyone. I’m Justine Woods and I’m the family law partner at Cooper Grace Ward. And this is my little segment of, It depends. And it’s intended to tantalise you about what we’re going to be discussing in the family law component of the conference.
Regulatory investigations and legal professional privilege: key take aways from ASIC v Macleod
Introduction While there is not a one‑size‑fits‑all approach to be taken to regulatory investigations, sometimes voluntarily providing information and documents to regulators can assist in obtaining better outcomes. However, legitimate concerns exist about whether legally privileged documents should be provided to regulators and, if so, whether voluntary disclosure agreements (or ‘VDAs’) can work to keep the documents privileged.
Regulatory investigations and legal professional privilege: key take aways from ASIC v Macleod
A recent decision of the Full Court of the Federal Court considered whether legal professional privilege was maintained in legally privileged documents that were voluntarily disclosed to ASIC as part of a regulatory investigation. Introduction While there is not a one‑size‑fits‑all approach to be taken to regulatory investigations, sometimes voluntarily providing information and documents to regulators can assist in obtaining better outcomes.
Coffee with CGW - Get to know Brady Cockburn
Join us for a coffee chat with insurance partner Brady Cockburn and private client partner Scott Hay-Bartlem as we delve into Brady’s background, explore his life outside work, and discuss what gets him excited about his work in this candid conversation. Listen now via Spotify or Apple Podcasts.
Who, What, Where with Ashlee Schafer
Click below for who, what, where with talent adviser Ashlee Schafer. Hear how long she’s been at Cooper Grace Ward Lawyers, what she would be doing if she wasn’t working in law and what she loves about her job. This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please let us know.
Parenting arrangements and extracurricular activities - no weekend sport?
Introduction Disagreement about extracurricular activities is a common source of conflict. Generally, judges will not order attendance at extracurricular events or give children the autonomy to decide. The reasoning is obvious; if the decision is given to the children, then this places them in the middle of the parenting dispute. Further, it avoids a scenario where a parent organises activities during the other parent’s time with the children, conflicting with any existing plans.
IP perspectives: deregistration risk arising from ‘non-use’ of a registered trade mark
‘Non-use’ of a registered trade mark can result in the trade mark being deregistered. The recent Federal Court decision of Seven Network (Operations) Limited v 7-Eleven Inc considered this issue and the use required to maintain trade mark registration. Introduction What happens if I stop using a registered trade mark? If I have registered my trade mark, will it be registered forever?
IP perspectives: deregistration risk arising from ‘non-use’ of a registered trade mark
Introduction What happens if I stop using a registered trade mark? If I have registered my trade mark, will it be registered forever? The answers to these questions are important because, unlike claims of copyright ownership or patent invention (which both accrue a distinct right of ownership for a definitive period), a person or company’s right to their registered trade mark is often dictated by whether or not a party has continued to use the trade mark.
Cooper Grace Ward’s corporate advisory team recognised in Doyles Guide
The corporate advisory team at Cooper Grace Ward has once again been listed in Doyles Guide as one of the top corporate law practices in Queensland, achieving a ‘leading’ ranking for 2025. Partners Charles Sweeney and Andrew Corkhill have also been listed in the Doyles Guide rankings of leading corporate and commercial lawyers.
What are the common pitfalls in discretionary trusts?
In this edition of It depends, special counsel Tom Walrut discusses some of the common pitfalls in discretionary trusts. Video Transcript Hi, my name is Tom Walrut, and I’m a special counsel here at CGW. And welcome to this week’s very special edition of It Depends, in the lead up to Adviser Day. So, for today’s it depends, we’ll be talking about some of the common pitfalls in the use of discretionary trusts.
Commissions of inquiry: an organisational perspective
Introduction Commissions of inquiry have become increasingly prevalent. The advent of 24-hour news and social media commentary means that pressure can quickly mount on governments to establish a commission to inquire into matters that have captured the interest of the public. There can be unique challenges for organisations that might be called to be involve in such proceedings.
ACCC issues warnings to Australian businesses following a sweep of retail website policies, terms and conditions
What are consumer guarantees under the ACL? Under the ACL, consumers have automatic protections when purchasing goods and services, known as consumer guarantees. These include (without limitation) guarantees pertaining to acceptable quality, fitness for purpose and conformity with descriptions or samples.
Commissions of inquiry: an organisational perspective
Introduction Commissions of inquiry have become increasingly prevalent. The advent of 24-hour news and social media commentary means that pressure can quickly mount on governments to establish a commission to inquire into matters that have captured the interest of the public. There can be unique challenges for organisations that might be called to be involve in such proceedings.
Who What Where With Bridget Camilleri
Click below for who, what, where with special counsel Bridget Camilleri. Hear how long she’s been at Cooper Grace Ward Lawyers, what she would be doing if she wasn’t working in law and what she loves about her job. This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please let us know.
Can an SMSF buy real property from a related party?
In this edition of It depends, senior associate Keeghan Silcock discusses whether an SMSF can buy real property from a related party. Video transcript Hi, my name is Keeghan and welcome to another edition of It Depends. Today I’ll be talking about whether your SMSF can buy a real property from a related party. It depends. The first important question to ask is whether the real property constitutes business real property.
Overhaul of Australia’s merger clearance laws: what it means for businesses
What do we know so far? On 28 November 2024, the Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill 2024 was passed by Federal Parliament. The Bill will commence from 1 January 2026 and will replace Australia’s existing merger clearance laws with a mandatory notification process.
Podcast: TaxLand with Fletch and Sarah – Uber’s trip to court with the Chief Commissioner – payroll tax assessment set aside - Cooper Grace Ward
In this episode of TaxLand, Fletch and Sarah take a ride through the NSW Supreme Court’s decision in Uber Australia Pty Ltd v Chief Commissioner of State Revenue. Accept our request to take a trip through the relevant contract provisions, exemptions and whether or not amounts are paid or payable in relation to the performance of work. Travel to TaxLand with us to learn more and leave us a five-star rating. Listen now via Spotify or Apple Podcasts.
Podcast: Coffee with CGW – Get to know Marcus Ford - Cooper Grace Ward
Join us for a coffee chat with property partner Marcus Ford and private client partner Scott Hay-Bartlem as we delve into Marcus' background, explore his life outside work, and discuss what gets him excited about his work in this candid conversation.
Trade mark infringement: is reputation relevant to assessing deceptive similarity?
The protection of business reputation is crucial to any successful business, and often the commercial motivation behind registering a trade mark. But is reputation relevant to determining deceptive similarity in trade mark infringement cases? The High Court of Australia has clarified the position in a recent case. Facts The case of Self Care IP Holdings Pty Ltd v.
Do I have to go to mediation for my family provision application?
In this edition of It depends, associate Sarah Camm talks about whether you have to go to mediation for your family provision application. Video transcript Welcome to this edition of It Depends. This time we’re talking about whether I have to go to mediation for my family provision application. What is a family provision application?
Trade mark infringement: is reputation relevant to assessing deceptive similarity?
Facts The case of Self Care IP Holdings Pty Ltd v. Allergan Australia Pty Ltd [2023] HCA 8, involved two companies in the pharmaceutical industry, Self Care IP Holdings Pty Ltd and Allergan Australia Pty Ltd . Allergan holds the registered trade mark ‘BOTOX’ in Australia, which is well-known and widely associated with its anti‑wrinkle treatment products. Self Care sells a range of anti-wrinkle skin care products under the brand name ‘Freezeframe’.
Podcast: TaxLand with Fletch and Sarah – Understanding the ATO’s new guidance on section 99B applying to distributions of capital from trusts - Cooper Grace Ward
In this episode of TaxLand, Fletch and Sarah journey through the ATO’s new draft tax determination and PCG in relation to whether amounts of trust capital distributed to Australian resident beneficiaries are subject to section 99B. There’s a special shout-out for art lovers and yacht enthusiasts who may benefit from foreign trusts: be careful of borrowing paintings or going sailing in the Mediterranean! Travel to TaxLand with us via Spotify or Apple Podcasts to learn more.
It Depends – Can I access my super because I have ‘retired’? - Cooper Grace Ward
In this edition of ‘It depends’, partners Scott Hay-Bartlem and Clinton Jackson talk about whether someone can access their superannuation because they have ‘retired’. There are some potentially nasty consequences if you access your superannuation without having satisfied one of the allowable conditions. Retirement is a common one that people will look at to access their super if they’re under 65. The rules are confusing, quite complicated and easy to get wrong.
Podcast: SMSFs with CGW – Can I access my super because I have ‘retired’? - Cooper Grace Ward
In this episode of SMSFs with CGW we’re talking about whether someone can access their superannuation because they have ‘retired’. There are some potentially nasty consequences if you access your superannuation without having satisfied one of the allowable conditions. Retirement is a common one that people will look at to access their super if they’re under 65. The rules are confusing, quite complicated and easy to get wrong. Listen now on Spotify or Apple Podcasts.
Financial services business successfully defends unfair contract claim
The recent Supreme Court of Queensland decision of DCZ Early Learning Pty Ltd v Semper Mortgage Management Pty Ltd, provides a useful illustration of the risks that businesses face as a result of the unfair contract term regime, and the things that businesses must prove to successfully defend a claim.
Financial services business successfully defends unfair contract claim
Case facts The facts in DCZ Early Learning Pty Ltd v Semper Mortgage Management Pty Ltd [2024] QSC 120 (DCZ) were as follows: In late 2023, DCZ Early Learning (Customer) needed to settle a purchase contract before Christmas. The Customer’s broker obtained an Indicative Letter of Offer from Semper Mortgage Management (Business). The letter was subject to extensive negotiation and the fifth version of the letter was signed by the Customer, who agreed to borrow $2.4 million.
Who, What, Where with Vanessa Ko
Click below for who, what, where with administration assistant Vanessa Ko. Hear how long she’s been at Cooper Grace Ward Lawyers, what she would be doing if she wasn’t working in law and what she loves about his job. This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice.
Podcast: Coffee with CGW – Get to know Fletch Heinemann - Cooper Grace Ward
Join us for a coffee chat with private clients partners Fletch Heinemann and Scott Hay-Bartlem as we delve into Fletch's background, explore his life outside CGW, and discuss what gets him excited about his work in this candid conversation.
It Depends - What happens if you don't have a power of attorney? - Cooper Grace Ward
In this edition of It depends, partner Hayley Mitchell talks about what happens if someone has lost capacity and they don’t have an enduring power of attorney. Video transcript Hi, and welcome to another edition of It depends. Today, I’m going to talk about what happens if someone doesn’t have an enduring power of attorney and they’ve lost capacity. A family member has lost capacity and doesn’t have a power of attorney, what’s next?
Dispute resolution agenda: challenging expert determination clauses
The case of Bagata Pty Ltd v Sunstorm Pty Ltd [2024] QCA 17, involved an expert determination clause in a lease. The clause provided, as is common, that ‘[i]n the absence of manifest error, the determination of the expert is conclusive and binding on the parties.’ The Queensland Court of Appeal delved into the meaning of ‘manifest error’ and whether the unsuccessful party could challenge the determination. Case facts Sunstorm Pty Ltd was the tenant under a commercial lease.
Who, What, Where with Genevieve Noble
Click below for who, what, where with business systems and risk manager, Genevieve Noble. Hear how long she’s been at Cooper Grace Ward Lawyers, what she would be doing if she wasn’t in law and what she loves about her job. This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice.
Defamation perspectives: separate serious harm hearings and the Federal Court
Separate 'serious harm' hearings in defamation cases In 2021, the law of defamation in most Australian states and territories was significantly amended to provide that, in a defamation action, the claimant must prove that the relevant publication caused, or is likely to cause, 'serious harm' to their reputation. The main rationale behind introducing the 'serious harm' threshold was to discourage claims where any compensation awarded would be dwarfed by the legal costs incurred.
Pot scrubber fails in repetitive injury claim in Mackay District Court
This case serves as an important reminder that employers should appropriately address identified risks to ensure they are not breaching their duty of care to employees. However, a worker’s claim does not necessarily succeed just because they can demonstrate a breach of duty or care by an employer. Background Compass Group Remote Hospitality Services operated the Eureka mining camp in Moranbah, which accommodated up to 1,000 people. Ms Bishop worked as a kitchen hand for Compass Group.
Financial agreements and lifestyle clauses – beware the risk - Cooper Grace Ward
In this week’s video, special counsel Craig Turvey discusses financial agreements and lifestyle clauses in your family matter, and how not to put these agreements at risk of being set aside. Video transcript My name’s Craig Turvey and I’m a special counsel at the Cooper Grace Ward Family Law Team. And today, I’d like to talk about financial agreements and lifestyle clauses.
Defamation perspectives: separate 'serious harm' hearings and the Federal Court
Separate ‘serious harm’ hearings in defamation cases In 2021, the law of defamation in most Australian states and territories was significantly amended to provide that, in a defamation action, the claimant must prove that the relevant publication caused, or is likely to cause, ‘serious harm’ to their reputation. The main rationale behind introducing the ‘serious harm’ threshold was to discourage claims where any compensation awarded would be dwarfed by the legal costs incurred.
Separate ‘serious harm’ hearings in defamation cases
In 2021, the law of defamation in most Australian states and territories was significantly amended to provide that, in a defamation action, the claimant must prove that the relevant publication caused, or is likely to cause, ‘serious harm’ to their reputation. The main rationale behind introducing the ‘serious harm’ threshold was to discourage claims where any compensation awarded would be dwarfed by the legal costs incurred.
CGW’s corporate advisory team once again listed in Doyle’s Guide
Cooper Grace Ward’s corporate advisory team, managing partner Charles Sweeney and partner Andrew Corkhill have been named in the 2024 Doyle’s Guide rankings of leading corporate lawyers and law firms. The corporate advisory team as a whole has been ranked among the Leading Corporate Law Firms in Queensland. Once again, both Charles and Andrew have been recognised as ‘leading’ in Leading Business & Commercial Lawyers and ‘recommended’ in Leading Corporate Lawyers.
It Depends - What do we mean when we say someone lacks capacity?
In this edition of ‘It depends’, associate Sarah Camm talks about what we mean when we say that someone doesn’t have capacity in estates matters. Video transcript Hi, and welcome to another episode of It depends. This week we will be talking about what we mean when we say that someone doesn’t have capacity. What is capacity?
Digital age pitfalls with BIF Act claims
Digital age pitfalls with BIF Act claims The digital age has certainly enhanced our ability to convey information, something that is very important in the building and construction industry. However, technology can also create pitfalls, particularly when it comes to claims under the Building Industry Fairness (Security of Payment) Act 2017 (Qld), where compliance with technicalities is critical. The case of Iris Broadbeach Pty Ltd v Descon Group Australia Pty Ltd gives a recent illustration.
Digital age pitfalls with BIF Act claims
Facts Iris Broadbeach Pty Ltd v Descon Group Australia Pty Ltd [2023] QSC 290 involved a contractor and principal disputing the amount claimed by the contractor under a payment claim. The contractor sought to secure payment through a Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) adjudication application that was lodged using an online form accessed from the QBCC website.
It Depends - Proposed tax on super balances over $3 million or Div 296 tax
In this edition of ‘It depends’, partners Scott Hay-Bartlem and Clinton Jackson talk about the proposed tax on super balances over $3 million, also known as the Div 296 tax. Scott and Clinton have recorded a podcast episode all about this topic – listen now on Spotify, Apple Podcasts, or the CGW website. Scott and Clinton will be covering this topic in more detail during their session ‘The impact of the $3 million cap (Div 296 tax)’, at our Annual Adviser Conference on 21 and 22 March.
Podcast: SMSFs with CGW - Proposed tax on super balances over $3 million or Div 296 tax
In the first episode of SMSFs with CGW, private clients partners Scott Hay-Bartlem and Clinton Jackson chat about the proposed tax on super balances over $3 million, also known as the Div 296 Tax.
Defamation perspectives: Scope of qualified privilege defence in the context of police complaints
The plaintiff (Mr Sherman) and defendant (Ms Lamb) worked for the same organisation and commenced a relationship in about August 2019. Their relationship ended in early 2020. At that time, Mr Sherman was engaged in Family Court proceedings against his former wife, including in relation to custody and access arrangements for their children.
Hannah's Law- Qld criminalises coersice control
Video transcript Hello. I’m Leeann Murphy. I’m a special counsel in the family law team at Cooper Grace Ward Lawyers. Today, I’m going to share some news about Hannah’s Law, the criminalisation of coercive control in Queensland. Coercive control Coercive control is a form of abuse that extends beyond physical violence. It involves patterns of behaviour intended to control and dominate an intimate partner.
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