Scott Foreman

Expertise and Practice

Scott specialises in complex commercial and financial disputes before courts and tribunals across Australia and internationally. He has represented liquidators in claims arising from large-scale insolvencies, advised listed Australian companies on a range of commercial disputes, and represented government clients in a variety of sensitive matters.

Scott works with clients across multiple industries, including government, agribusiness, construction, manufacturing, professional services, energy and financial services. His experience includes claims arising out of major infrastructure projects, local and cross-border insolvency, professional negligence, construction projects, misleading and deceptive conduct, fraud and funding for class action claims.

Scott brings to each of his projects highly developed financial and analytical skills. His affinity with detail enables him to unravel even the most complex factual, financial and legal issues and present these in a clear and commercial way. Scott’s commitment and focus is matched by his strong sense of teamwork and unflappable approach.

Scott has been a Principal of LK since 2017. He has a Bachelor of Laws (Honours) and Bachelor of Science (Mathematics and Computer Science) from the University of Adelaide. He is an experienced Board member and leads LK’s Community program. He is admitted in the Supreme Court of South Australia, Federal Court of Australia and High Court of Australia.

Scott is recognised in Doyle’s Guide as one of South Australia’s leading commercial litigators.

Project Highlights

new Royal Adelaide Hospital

Representing the South Australian State Government on various strategic and legal issues concerning defaults, delays and disputes arising out of the AU$2.5 billion public-private partnership arrangements for the design, construction and operation of the State’s major health facility. This involves acting for the State in the associated expert determination proceedings, arbitral proceedings and proceedings in the Federal Court of Australia and the Supreme Court of South Australia.

Kangaroo Island Port Redevelopment

Representing the South Australian State Government in a dispute concerning the upgrade of the ferry terminals at Cape Jervis and Penneshaw, including in Supreme Court proceedings commenced by the contractor.

South Australian Government – Confidential Investigation

Advised an agency of the South Australian Government in relation to a complex potential insolvency and regulatory dispute.

Bell Group Limited

Represented the Australian and Curaçao liquidators of Bell Group NV, a Netherlands Antilles incorporated company within the Bell Group, which collapsed with a deficit of more than AU$1 billion.

Bell Group NV’s appeal in the Western Australia Court of Appeal increased the compensation payable to the Bell Group from AU$1.7 billion to AU$2.8 billion. A High Court appeal was discontinued following a multi-party mediation to settle the claims against the banks.

Scott also represented the liquidators of Bell Group NV in relation to subsequent proceedings in the Supreme Court of Western Australia, the Federal Court of Australia and the High Court of Australia pursuing Bell Group NV’s entitlements in the distribution of the settlement proceeds. Those proceedings were settled in 2020 on terms which returned in excess of AU$650 million to Bell Group NV.

Cargill v Viterra

Represented a multinational agribusiness in the Court of Appeal of the Supreme Court of Victoria concerning a trial judgment of AU$293 million arising from the sale of a subsidiary.

Confidential Professional Negligence Claim

Working with an offshore firm to defend another professional services firm in relation to allegations of professional negligence.

Road Construction Dispute

Advising an ASX listed contractor in a confidential civil construction dispute regarding construction works on a major national highway.

Adelaide Brighton Cement Limited

Represented Adelaide Brighton Cement Limited and Adelaide Brighton Limited in the investigation of an employee’s fraud. LK led the subsequent recovery proceedings against the impugned customer and employee, resulting in recoveries of more than $8 million. LK also liaised with SA Police and its Serious and Organized Financial Crime Investigation in connection with related criminal proceedings.

Concrete Supply Pty Ltd

Represented the liquidator of Concrete Supply Pty Ltd in proceedings against the company’s former directors and accountant, resulting in favourable dividends to creditors to date of more than 75 cents per dollar.

Contractual Dispute

Represented Oz Minerals in relation to a contractual dispute regarding the supply, design and construction of an accommodation village, and subsequent advice on the insolvency of the head contractor for that project.

Carlyle Capital Corporation Limited

Represented the liquidators of Carlyle Capital Corporation, a Guernsey company listed on Euronext, including investigations and litigation in Guernsey and the United States over the collapse of a US$22 billion hedge fund. Litigation included anti-anti-suit proceedings in the Guernsey Court of Appeal in relation to a forum dispute.

HBF Health Limited

Representing HBF Health Limited in proceedings to set aside an uncommercial litigation funding agreement entered into between a managed investment fund of which HBF was a major beneficiary and a litigation funder.