List G Barristers

List G Barristers

Tom Clarke practises in commercial, regulatory and public law, particularly in energy, commercial arbitration, financial services and private international law.

Tom is recognised as a market leader in the energy sector. He has deep knowledge of the national electricity and gas markets, having acted in numerous disputes across the generation, network and retail sectors, including civil penalty enforcement matters and access disputes in both gas and electricity networks. Tom is a member of the pool of experts for the Wholesale Energy Market Dispute Resolution Panel. He also provides specialist advice to a wide range of market participants, energy regulators, market bodies and governments about regulatory matters and proposed rule changes.

Tom is a Fellow of the Australian Centre for Commercial Arbitration (ACICA) and the Chartered Institute of Arbitrators (CIArb) and a member of the Hong Kong International Arbitration Centre (HKIAC) list of arbitrators. He acts as both counsel and arbitrator in energy arbitrations. He has also acted in a number of applications to enforce international arbitration awards, including against the Sauber Formula 1 team (on an urgent basis, before the 2015 Australian Grand Prix) and against Joseph Gutnick.

Tom also acts regularly in Hong Kong and China-related disputes, both in court and in arbitration, and has acted as an expert witness on questions of Hong Kong law. Tom has also acted for ASIC in financial services enforcement matters, including in superannuation and matters with China and SE Asia emerging market aspects.

Beyond energy and financial services, Tom also has extensive regulatory experience extending to the telecommunications, health, aged care, pharmacy and industry R&D sectors.

Liability limited by a scheme approved under the Professional Standards Legislation

Before coming to the Bar, Tom practised as a commercial litigator for eight years, including six years in Hong Kong with Freshfields Bruckhaus Deringer. He appeared as a solicitor advocate in the Hong Kong High Court and Court of Final Appeal, and in arbitrations in Hong Kong, China, Singapore, London and Stockholm. Tom was lead associate in the team acting for the Brunei Investment Authority in its proceeding against HRH Prince Jefri Bolkiah to enforce an earlier settlement of its US$15 billion claim.

Victorian Bar - Commercial Bar Association Energy Section

Member, Australian Institute of Energy

AMPLA (The Resources and Energy Law Association)

Australia-China Business Council

Member, Chartered Institute of Arbitrators