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Thomson Geer

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Thomson Geer
Thomson Geer
HeadquartersLevel 14, 60 Martin Place
Sydney, Australia
No. of offices6[1]
Major practice areasFull service commercial law[2]
Key peopleAdrian Tembel (CEO)
Revenue $175 million
Date founded1885[3]
Company typePartnership
Websitewww.tglaw.com.au

Thomson Geer is an independent Australian commercial law firm founded in 1885.[3][4] Its predecessor firms included Thomsons Lawyers and Herbert Geer.[5] The firm operates a full commercial law service as a fully integrated national firm with offices in Sydney, Melbourne, Brisbane, Perth, Adelaide and Canberra.[6][7] It is one of the top ten firms in the country by revenue, and the seventh largest firm in Australia by headcount.[8]

History

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Rialto Towers, Thomson Geer’s Melbourne office

Thomson Geer was formed on 31 March 2014 as a merger of two mid-tier Australian practices, Thomson Lawyers and Herbert Geer.[9] The result was a firm with annual revenue in excess of $120 million, and the seventh largest firm in Australia by headcount.[10][11]

Thomsons Lawyers

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Thomsons Lawyers was an incarnation of a number of prominent boutique firms throughout Australia that merged.[4][12] The firm's origins date back to 1885 when Hiram Wentworth Varley and Griffith Mostyn Evan began practice under the name of 'Varley & Evan'.[12] In 1913 they were joined by Harry Thomson KC, and the name changed to 'Varley Evan & Thomson', the first of a succession of 'Thomson' firms, such as Thomsons Solicitors & Barristers, Thomson Simmons & Co and later, Thomson Playford.[4][12]

In 2006, Thomson Playford established a Sydney practice by merging with Cowley Hearne a North Sydney-based boutique founded in the 1960s.[13][14] In 2008, Thomson Playford merged with Sydney CBD based boutique, Cutler, Hughes & Harris, becoming Thomson Playford Cutlers.[4][15] Later that year, the firm controversially poached the entire Melbourne practice of national mid-tier firm, Dibbs Abbott Stillman.[16][17] This prompted Dibbs Abbott Stillman to rename itself to Dibbs Barker.[17] In 2010, the firm rebranded to Thomsons Lawyers.[4]

In 2011, Thomsons Lawyers expanded to Brisbane, with 10 partners and 51 professional and support staff defecting from DLA Phillips Fox to establish the Brisbane practice.[18][19][20]

Prior to the 2014 merger with Herbert Geer, Thomsons experienced significant growth since 2009, with revenue and average profit per partner, tripling.[21]

Herbert Geer

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Waterfront Place, Brisbane, Thomson Geer’s Brisbane offices

Herbert Geer was a Melbourne-based law firm founded in 1939 when Keith Geer commenced his sole practice in Bank Place, off Collins Street, Melbourne. Temporarily suspending practice during the Second World War, he was joined by Geoffrey Herbert in 1946. In 1950 the partnership expanded further with the addition of Eric Rundell and in 1960 it assumed the name, Herbert Geer & Rundle.[22] In 1962, the Melbourne office relocated to 113 William Street, taking with it a total of ten partners and staff. Between 1962 and 1970, three small practices were absorbed into Herbert Geer & Rundle; Farmer & Ramsay, William & Matthews and the office of Cyril Brooks.

The firm achieved publicity in the early 1970s by handling the defendant’s litigation for all workers' compensation claims arising from the West Gate Bridge collapse. Further office relocations occurred with moves to Owen Dixon Chambers and BHP House before arriving at the State Bank Building in 1983 when the firm had 12 partners and 110 staff. In April 1999, Herbert Geer & Rundle opened a Sydney office and expanded to Brisbane in early 2001.[23]

In 2008 the firm rebranded as Herbert Geer.[24] At the same time it joined with Brisbane firm Nicol Robinson Halletts Lawyers, as well as the boutique construction firm RDK in Sydney.[25]

Prior to the merger with Thomson Lawyers, Herbert Geer’s partnership had fallen by 28% from 53 partners to 38 in the preceding 3 years, due to lateral defections.[23]

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In 2022, Thomson Geer successfully defended former Prime Minister Scott Morrison, the 46th NSW Premier Dominic Perrottet, Liberal Party federal president John Olsen and others in the Federal Liberal Party intervention regarding the management of its NSW Division.[26] These cases were heard in the Supreme Court of NSW, the NSW Court of Appeal and the High Court of Australia. Notably, the ruling of the New South Wales Court of Appeal is the leading precedent in Australia on the justiciability of disputes arising out of the constitutions of unincorporated political parties.[27]

In 2015, Thomson Geer defended iiNet and other ISPs such as Telstra and Optus in Dallas Buyers Club LLC v iiNet Limited,[28][29] a case brought in the Federal Court of Australia by Dallas Buyers Club for breach of copyright laws.[30][31] The case set legal precedence in Australia, whereby copyright holders can gain access to the details of internet users who illegally obtain their copyright material.[32] This will lead to individuals in breach of copyright be liable to damages by copyright holders.[33] Thomson Geer successfully argued that any damages must only be compensatory and not exemplary, like in the United States.[34][35][36]

In 2013, Thomsons successfully acted for the Plaintiffs in the Maiden Civil Case in Australia under the Personal Property Securities Act 2009 (Cth) (PPSA).[37][38] The case established that the nemo dat rule has been displaced in Australia where the PPSA applies, and businesses that lease personal property must declare their interests under the Personal Property Securities Register, to maintain a priority.[39][40]

In 2011, Thomsons advised the Mitchell Group on the $1.2 billion Fitzroy Coal Terminal Project, which created coal chain supply infrastructure capable to transporting 22 million tonnes of coal per annum to and from Central Queensland.[41][42] The project created significant concerns about potential damage to the Great Barrier Reef, and in 2014 the project was indefinitely put on hold[43]

In 2010, Herbert Geer successfully argued that State Parliaments cannot prevent State Supreme Courts from issuing prerogative relief for jurisdictional error, in the landmark High Court case of Kirk v Industrial Court of New South Wales.[44][45] The case set a significant precedent in administrative and constitutional law that s 71 of the Constitution of Australia protects the integrity of State Supreme Courts.[46][47]

Offices

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Thomson Geer has six offices across Australia.[6] The firm is headquartered in Sydney, at 60 Martin Place.[48] The Melbourne office is located at Rialto Towers on 525 Collins Street, the Brisbane office is in Waterfront Place, the Adelaide office is on 19 Gouger Street, the Perth office is locate at Exchange Tower, 2 The Esplanade and the Canberra office is located at 33-35 Ainslie Place.[48][7]

References

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  1. ^ "Law firm scoops up another to drive Perth market share". lawyersweekly.com.au. 13 June 2019. Retrieved 10 May 2021.
  2. ^ "Exclusive: Herbert Geer and HWL Ebsworth had merger talks". Lawyersweekly.com.au. 14 February 2014. Retrieved 26 September 2015.
  3. ^ a b "Thomson Geer: Private Company Information - Businessweek". Businessweek.com.
  4. ^ a b c d e "Thomson Playford Cutlers, Watermark re-brand". Legalbusinessonline.com.
  5. ^ "Thomsons and Herbert Geer merger focuses on mid-level". Financial Review. Archived from the original on 27 September 2015. Retrieved 26 September 2015.
  6. ^ a b "The Legal 500". Legal500.com.
  7. ^ a b Thomson Geer (14 March 2023). "Home- Thomson Geer". Thomson Geer company website. Retrieved 10 May 2021.
  8. ^ "Archived copy". Archived from the original on 27 September 2015. Retrieved 26 September 2015.{{cite web}}: CS1 maint: archived copy as title (link)
  9. ^ "Thomson Geer - Australia - Asialaw Profiles - Law firm recommendations". Asialawprofiles.com. Archived from the original on 27 September 2015. Retrieved 27 September 2015.
  10. ^ "Australian firms Thomsons Lawyers and Herbert Geer combine to form Tho". Iflr1000.com. Archived from the original on 28 September 2015. Retrieved 27 September 2015.
  11. ^ Aidan Devine. "Here to win: Thomson Geer". Australasian Lawyer.
  12. ^ a b c "University of Adelaide Law Library Sponsors Note" (PDF). (1989) 12(1) Adelaide Law Review 89.
  13. ^ "Thomson Playford's growth leaves Adelaide behind". Lawyersweekly.com.au. 2 March 2012.
  14. ^ "Cowley Hearne loses Cowley but keeps Hearne". Lawyersweekly.com.au. 3 March 2012.
  15. ^ [1] [dead link]
  16. ^ [2] [dead link]
  17. ^ a b "DibbsBarker unveiled as new firm identity". Lawyersweekly.com.au. 3 March 2012.
  18. ^ "Thomsons debuts in Brisbane with rival talent". Financial Review. 14 March 2011.
  19. ^ "Thomsons poaches 10 from DLA Phillips Fox". Financial Review. 17 March 2011.
  20. ^ [3] [dead link]
  21. ^ Aidan Devine. "Here to win: Thomson Geer". Australasian Lawyer.
  22. ^ "Mid-market merger: Thomsons Lawyers, Herbert Geer eye tie-up". BRW. Archived from the original on 27 September 2015. Retrieved 26 September 2015.
  23. ^ a b "Thomsons Lawyers, Herbert Geer eye merger". Financial Review. Archived from the original on 27 September 2015. Retrieved 26 September 2015.
  24. ^ "Rebranding all the rage". Lawyersweekly.com.au. 3 March 2012.
  25. ^ "Herbert Geer & Rundle and Nicol Robinson Halletts join forces". Lawyersweekly.com.au.
  26. ^ "Thomson Geer successfully defends Scott Morrison, Dominic Perrottet and other senior members of the Liberal Party of Australia in the NSW Court of Appeal and High Court of Australia". Thomson Geer - News.
  27. ^ "Thomson Geer successfully defends Scott Morrison, Dominic Perrottet and other senior members of the Liberal Party of Australia in the NSW Court of Appeal and High Court of Australia". Thomson Geer - News. 9 May 2022.
  28. ^ [2015] FCA 317
  29. ^ Dallas Buyers Club LLC v iiNet Limited [2015] FCA 317 (7 April 2015)), Federal Court (Australia).
  30. ^ Lia Timson (22 September 2015). "Telstra, Optus not worth chasing in Dallas Buyers Club piracy crackdown: lawyers". Smh.com.au. Retrieved 26 September 2015.
  31. ^ "Dallas Buyers Club: Federal Court backs ISPs in row over illegal downloads - ABC News (Australian Broadcasting Corporation)". Abc.net.au. 14 August 2015. Retrieved 26 September 2015.
  32. ^ Harry Tucker (14 August 2015). "Dallas Buyers Club pirates identities kept private, for now". News.com.au. Archived from the original on 15 August 2015. Retrieved 26 September 2015.
  33. ^ "Federal Court rules on Dallas Buyers club downloaders". Australasianlawyer.com.au. 14 August 2015. Retrieved 26 September 2015.
  34. ^ Paul Bibby and Hannah Francis (22 September 2015). "Dallas Buyers Club dealt major blow in Federal Court iiNet piracy case". Smh.com.au. Retrieved 26 September 2015.
  35. ^ "Dallas Buyers Club: Court rules in favour of film's illegal downloaders". Financial Review. 13 August 2015.
  36. ^ "Dallas Buyers Club: Federal Court backs ISPs in row over illegal downloads". ABC News. 14 August 2015.
  37. ^ "When a security interest beats legal title - Only under the PPSA » Corrs Chambers Westgarth". Corrs.com.au.
  38. ^ "In the matter of Maiden Civil (P&E) Pty Ltd; Richard Albarran and Blair Alexander Pleash as receivers and managers of Maiden Civil (P&E) Pty Ltd & Ors v Queensland Excavation Services Pty Ltd & Ors - NSW Caselaw". Nsw.gov.au.
  39. ^ "Herbert Smith Freehills - Key PPSA decision: NSWSC confirms vesting of unperfected lessor's interest following insolvency of lessee". Herbertsmithfreehills.com.
  40. ^ "Personal Property Securities: the importance of registration - Clayton Utz". Clayton Utz.
  41. ^ "Thomsons Lawyers and Mallesons advise on billion dollar Fitzroy Project". Lawyersweekly.com.au. 4 March 2012.
  42. ^ "Fitzroy Terminal - Home". Ftproject.com.au. Archived from the original on 4 March 2016. Retrieved 27 September 2015.
  43. ^ "Decision to move proposed coal terminal cold comfort to Keppel Fitzroy Delta Alliance". ABC News. 4 July 2014.
  44. ^ (2010) 239 CLR 531
  45. ^ Kirk v Industrial Court of NSW [2010] HCA 1, (2010) 239 CLR 531 (3 February 2010), High Court (Australia).
  46. ^ "Sydney Law Review". The University of Sydney.
  47. ^ "Government Insights - Clayton Utz". Clayton Utz.
  48. ^ a b "Contact Us". Tglaw.com.au.
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