Herbert Smith Freehills has brought a claim in the Supreme Court of New South Wales against eight partners who left en-masse in September to join White & Case in Australia.

Herbies partner Michael Pryse is leading the action on behalf of the firm's 167 Australian partners as they opted against purchasing a farewell cake and cuff-links, and handed their departing colleagues the gift of a claim form instead. Law firm Seyfarth Shaw will be representing the former HSF Melbourne partners Andrew Clark, Alan Rosengarten, Brendan Quinn, Jared Muller, Joanne Draper, Josh Sgro, Tim Power and ex-Sydney partner Joel Rennie.

White & Case launched its Australian business in December last year with a three lawyer team in Melbourne, and is planning to open an office in Sydney this year. However, the start date of the new joiners from Herbies to strengthen the Melbourne office as well as the launch date for the Sydney office is now up in the air. The eight partners who are subject to the action had been scheduled to start at White & Case in March when their six month notice period is due to expire. However Herbies is also seeking a further six months restraint for seven out of the eight partners, which would mean the partners wouldn't get their feet under the desk until September.

  "Just another six months of gardening leave, they said. It's not like he'll lose his mind, they said"
 
 
A White & Case spokesman told RollOnFriday that 'although we're not party to this litigation, we are hopeful for a speedy resolution.' A Herbert Smith Freehills spokeswoman declined to comment.

The hearing is set to start on 27 February. 
 
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