Andrew Eastwood

Partner

Sydney, Australia

Andrew is a commercial litigator who focuses on regulatory issues.

Andrew was named by his peers as one of the best litigators in Australia in Best Lawyers in Australia in each year from 2013. Clients value his “deep experience” in the field, with market sources stating that he is very responsive to our concerns and his technical knowledge is unparalleled”. He has also been recognised by Asia Pacific Legal500 as a leading individual in the areas of Financial Services Regulatory and White Collar Crime, and as a ranked lawyer by Chambers Asia Pacific in relation to Financial Services Regulation, Disputes Resolution and Anti-bribery and Corruption. Andrew is recognised as a Star Litigator in Australia by Benchmark Litigation. For 2025, Best Lawyers named Andrew, based on peer feedback, as “Lawyer of the Year” in the area of Criminal Defence.

Andrew’s clients include National Australia Bank, Citi, Insignia, PayPal, the Reserve Bank of Australia, the Financial Services Council and BHP Billiton.

Andrew has also given expert opinion evidence in US proceedings on the content of Australian directors’ and officers’ duties.

Background

Andrew holds a Bachelor of Economics and a Bachelor of Laws degree from the University of New South Wales.

He is admitted to practise as a solicitor of the Supreme Court of NSW and the High Court of Australia.

Andrew has had a number of papers published on regulatory issues, including articles in the Company and Securities Law Journal, Australian Business Law Review, Journal of Banking and Finance Law and Practice and the Australian Journal of Corporate Law (“Legal professional privilege and the investigative powers of ASIC”, “Potential uses of transcripts of ASIC examinations”, “Providing your legal advice to the regulator”, “Breach Reporting – some difficult issues to consider” and “The BEAR necessities: What jurisdictional considerations will Australia’s version of the UK’s Senior Managers and Certification Regime need to accommodate?”, “International investigations and privilege: a response to recent challenges” ).

Andrew has also had a number of articles published in the Australian Law Journal and other legal journals on topics such as “Do you waive privilege by pleading reliance?”, “Corporations and the Aggregation of Knowledge”, “A response to Professor Finn’s fiduciary reflections”, “Future representations and the grounds that may be relied on to establish reasonableness”, “The ex ante approach to assessing materiality: to what extent are subsequent price movements relevant?” and “Negotiating in Good Faith”. A number of Andrew’s articles have been cited in court judgments.

Andrew is the co-author of the chapter on market misconduct in the recently published book “Bootmakers, Boards and Rogues: Issues in Australian Corporate and Securities Law”.

Andrew also participates in the firm’s pro bono program, including acting for clients such as the Public Interest Advocacy Centre, Mission Australia and Scouts.

Experience & expertise

Selected matters

Regulatory investigations and enforcement

National Australia Bank, in relation to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry
Citi in its successful defence of criminal cartel proceedings
two Australian superannuation trustees in relation to civil penalty proceedings commenced by ASIC
an Australian bank in relation to civil penalty proceedings commenced by ASIC concerning fees charged for ongoing advice and fee disclosure statements
a major financial institution in relation to court proceedings commenced by ASIC in relation to unfair contract terms
a global investment bank, in relation to an ASIC investigation concerning alleged misleading conduct and insider trading
an international bank in relation to an ASIC investigation concerning personal and general advice and the sale of structured products
a global investment bank in relation to an ASIC investigation concerning the management of alleged conflicts of interest
Citi, in its successful defence of the landmark Federal Court proceedings brought by ASIC alleging a failure to adequate manage conflicts and insider trading
MLC, in relation to a long running investigation by ASIC, and an inquiry by APRA, concerning unit pricing issues
National Australia Bank, in a $700m dispute with the ATO
the RBA’s subsidiary, Note Printing Australia, in proceedings brought under Australia’s bribery provisions
David Jones Ltd, in relation to a high profile insider trading investigation by ASIC
a multinational company in relation to an internal investigation concerning alleged corrupt conduct following a whistleblowing complaint
advising clients in relation to regulatory issues, including corruption allegations, regulatory raids, obligations to report, directors’ duties, document retention obligations, compensation schemes, whistle-blowers, anti-corruption policies and compliance frameworks in financial institutions

Financial services litigation

National Australia Bank, in the successful defence of the $50 billion Idoport litigation
an Australian retail bank in relation to proceedings brought by victims of an alleged investment scam
National Australia Bank, in successful litigation against entities associated with a US hedge fund
a large Australian property trust in relation to alleged claims of breach of trustee duties
Financial Services Council, appearing as amicus curiae in proceedings concerning the management of protected estates
NRMA Insurance, in relation to its demutualisation in 2000, which involved litigation in the AAT, Supreme Court of NSW and NSW Court of Appeal

Other major commercial litigation

AusNet Services in its defence of a class action arising out of the Black Saturday bushfires
Ausgrid, Endeavour Energy and Essential Energy, in Competition Tribunal proceedings successfully challenging the Australian Energy Regulator’s revenue determination
Phillips Fox, in the successful defence of prospectus liability litigation arising from the collapse of New Cap Re – a publicly listed reinsurance company