Ruth Higgins SC

Practice Areas

Ruth Higgins SC is a leading commercial silk practising nationally in competition law, class actions, energy, media, corporate criminal, corporations, and constitutional matters.

She is a member of the Takeovers Panel, President of the NSW Bar Association, and a director of the Law Council Australia.

She has been included in Best Lawyers Australia since it commenced in 2008, and in Chambers Global since 2011. Ruth was described in the 2022 edition as a "go-to for complex commercial matters" and "a fabulous advocate with a fabulous mind". She is listed in Doyle's Guide as a preeminent silk in competition law, and in commercial litigation, class actions and insolvency law.

Competition law: Ruth has acted for TPG, Pacific National and AGL in contested merger proceedings against the ACCC, and advised and acted in the Payments Amalgamation authorisation, and the Telstra/TPG authorisation. In contested Part IV proceedings, she has acted for NSW Ports, Epic, Apple, Cement Australia, the Australian Jockey Club, and many others. For the ACCC and the Commonwealth, she successfully acted in the High Court in Flight Centre and the CMFEU case concerning agreed civil penalties, alongside other cases. Ruth appeared in the first two modern criminal cartel prosecutions and regularly appears in such matters.

Consumer and regulatory matters: Ruth has acted for parties including: Google, Fitbit, Telstra, Qantas, Woolworths, Westpac and the ACCC, ASIC, and APRA. Ruth's wider regulatory experience includes advising CBA and acting for Tabcorp and Westpac in respect of allegations under the AML/CTF Act, and acting for banks and other institutions defending proceedings flowing from the Financial Services Royal Commission. She acts for the OAIC in its proceedings against Facebook Inc and Facebook Ireland (now Meta).

Class actions: Ruth has acted for various defendants in major class actions, including: AGL; EML; KPMG; Woolworths; Westpac; VW, Audi and Skoda in respect of diesel emissions; in the Takata air bags proceedings for Nissan; Infigen in respect of a bushfire class action, and for IOOF in the Provident debentures class action.

Energy law: Ruth acts across various courts and in private arbitrations, for clients including: AGL; Jemena; Hornsdale; ActewAGL; BP; Origin; Epic Energy; Energy Australia; South Australia Power Networks, and Hydro Tasmania. She also acts for the AER. Ruth accepts appointments as an expert in energy disputes, and has chaired an expert panel under the National Gas Rules.

Corporate crime: Ruth acts in proceedings concerning insider trading, bribery of foreign public officials and related areas.

Corporations law: Ruth acted for the Administrators of Virgin Australia, and advises and acts for the Commonwealth, including the Deputy Commissioner of Taxation and the Attorney-General (FEG), in such matters. She has extensive experience in schemes of arrangement, including acting in the Boart Longyear proceedings.

Public inquiries and commissions: Ruth was Senior Counsel for the CBA in the Banking Royal Commission; for CPH in the IGLA's inquiry into the Crown Casino; as counsel assisting the ACCC East Coast Gas Enquiry; and has acted in private and public hearings of the ICAC.

Ruth is a Fellow of the Australian Academy of Law, an Assistant General Editor of the Australian Law Journal, and a Fellow of ACICA and on its panel of Arbitrators.

Ruth is the author of various books, including The Moral Limits of Law (OUP, 2004), three collections of essays co-edited with Justin Gleeson SC, and a forthcoming monograph, Law's Candour (all through Federation Press). She is the contributing editor to Trade Practices Law (Thomson Reuters).

Ruth won the Glasgow University medal in law. She then completed a doctorate in legal philosophy at Balliol College, Oxford University, lectured at Corpus Christi College, Oxford, and was a visiting Scholar at Columbia University. She has recently been elected a Visiting Fellow at each of New College and Harris Manchester College, Oxford University.

Professional Memberships

President, NSW Bar Association Council

Director, Law Council of Australia

Chair, NSW Bar Professional Conduct Committee

Co-Chair, Climate Change Panel of the NSW Bar Association.

Fellow, Australian Academy of Law

Assistant General Editor, Australian Law Journal

Publications

Ruth is the author of various books, including The Moral Limits of Law (OUP, 2004), three collections of essays co-edited with Justin Gleeson SC, and a forthcoming monograph, Law's Candour (all through Federation Press). She is the contributing editor to Trade Practices Law (Thomson Reuters).