Will Atfield
Clayton Utz
Recognised by peers as one to watch in Class Action Litigation
– Best Lawyers Australia
Will is a commercial litigator specialising in class actions and complex disputes. He acts for clients across the automotive, pharmaceutical and medical device, and food and beverage sectors.
His practice focuses on product liability and Australian Consumer Law issues, including emerging risks associated with artificial intelligence-enabled products and services. He regularly advises on regulatory exposure, litigation risk and dispute strategy.
Will leverages artificial intelligence and advanced technologies in dispute resolution to manage complex data, streamline processes and deliver efficient, commercially focused outcomes.
Philips Electronics Australia: Will is acting for Philips in a class action relating to named CPAP and BiPAP devices for the treatment of sleep apnoea, which are also the subject of a global recall and associated regulatory investigations. The defence team has achieved an outcome where the Applicant side is now applying to the court for the Court's permission to discontinue the class action against Philips.
Bayer: acts in a class action commenced in the Victorian Supreme Court relating to the Essure contraceptive device.
Volkswagen Group: Will was part of a core team that defended Volkswagen Group in five class actions in the Federal Court of Australia, brought by two plaintiff law firms on behalf of vehicle owners and the ACCC in relation to diesel emissions and regulatory issues.
Johnson & Johnson: Will was part of the core team that defended Johnson & Johnson Medical Pty Ltd and two overseas manufacturing entities a class action in the Federal Court of Australia. The class action involved allegations of complications relating to surgical mesh and tape products. The hearing ran for more than 85 sitting days over more than seven months.
Product liability and product safety advisory practice: Will regularly provides advice to Australian and overseas clients in a range of industries on product liability, product safety and recall issues and the Australian Consumer Law, including issues in relation to lithium ion batteries. These issues include safety defect provisions and mandatory standards, set-up, notification and management of voluntary product recalls, mandatory notifications of serious injury, illness or death, and consumer guarantees. As part of this work, Will is experienced in liaising with the Australian Competition and Consumer Commission as well as State and Territory regulators across Australia.
Australian Consumer Law: Acts for Australian and overseas clients in product liability, product safety and recall issues under the Australian Consumer Law.
A tool manufacturer: Acted to recall multiple consumer goods that present a potential safety risk in Australia and New Zealand, and to design and implement a remediation scheme for products sold business-to-business.
Automotive product liability: Acts for Australian and international motor vehicle manufacturers with regards to product liability and owner care issues.
Global consumer electronics company: Will acts for a market-leading global Silicon Valley consumer electronics company in relation to a number of product liability proceedings in the County Court of Victoria. The proceedings include claims that the relevant products are defective and caused personal injury.
Make-up and skincare products manufacturer: Acts for a market-leading manufacturer in relation to product liability and regulatory compliance issues.
Dust Diseases claims: Acts for clients in the defence of dust diseases claims in the Victorian Supreme Court and the NSW Dust Diseases Tribunal, especially those associated with occupational exposure to asbestos.
Commonwealth Bank of Australia: Acted in its response to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.