Commercial Litigation
Property |
Acted for landlord in obtaining injunctive orders against tenant in commercial lease, won Supreme Court trial for landlord including interpretation of lease, damages & costs; Micalizzi v Hasaj [5708/2007] NSW SC Judgment 11 August 2008. |
Commercial Litigation
Insurance |
Acted for plaintiff in substantial economic loss claim (per quod servitium amisit), won Supreme Court hearing in respect of interpretation of the Civil Liability Act; Chaina v Presbyterian Church (NSW) Property Trust & Others [2007] NSWSC 353. |
Corporate Regulatory
Investigations |
Numerous attendances with clients at Section 19 examinations at ASIC in relation to allegations of insider trading, market manipulation and breach of director’s duties, response to federal warrants and Section 30 Notices, hearings and investigations by ASIC and ASX (2000-2008). |
Appeal Litigation
Professional Negligence |
Successfully defended a high profile doctor in professional negligence appeal to the Supreme Court of Tasmania; Medical Council of Tasmania v Dr Lad [2007] TASSC 69. |
Commercial Litigation
Trade Practices |
Acted for finance company in ongoing prosecution of contract claim and defence of unconscionable conduct allegations in Victoria (2007-2008). |
Corporate Regulatory
Investigations |
Represented NSW senior manager at TGA and ASIC examinations and investigations regarding Pan Pharmaceuticals Ltd (2004-2007). |
Corporate Regulatory
Investigations |
Represented NSW witness in dealings with ASIC and regarding Supreme Court proceedings in ASIC v James Hardie Industries NV & Ors (2007). |
Commercial Litigation
Interpretation & Appeals |
Acted for corporation in various Supreme Court, Court of Appeal and High Court proceedings against National Australia Bank regarding contract, abuse of process, interpretation of Court orders and gross sum costs (2005-2007). |
Construction Litigation
Multi-jurisdictional Proceedings |
Acted for ASX listed national construction materials supplier in multiple District & Local Court proceedings, and enforcement of judgments (2005-2006). |
Commercial Litigation
Contract & Estoppel |
Successfully acted for director in Supreme Court proceedings relating to complex breaches of contract, estoppel and retirement benefits, obtained indemnity costs against insurance company; Whitlam v Insurance Australia Group Ltd [2005] NSW SC 83 (2004-2005). |
Commercial Litigation
Appeal |
Successful Appeal of NSW District Court decision regarding summary judgment, triable issues and exercise of discretion; Cosmos E-C Commerce v Bidwell & Associates [2005] NSWCA 81 (2004-2005). |
Corporate Regulatory
Proceedings |
Acted for NSW director in Federal Court proceedings brought by ASIC in relation to alleged misleading statements in a prospectus, mediation and settlement with ASIC (2005). |
Commercial Litigation
Defamation |
Successfully acted for high profile director in a 7A jury trial relating to defamatory comments made by a leading Australian television program (2004). |
Corporate Regulatory
Royal Commission |
Successfully represented two senior persons of interest at HIH Royal Commission with no recommendations for civil or criminal proceedings (2004). |
Corporate Regulatory
Royal Commission |
Member of team successfully representing Goldman Sachs at HIH Royal Commission (2004). |
Corporate Regulatory
Civil Penalty Proceedings |
Successful defence of NSW director in high profile civil penalty proceedings brought by ASIC in relation to director’s duties and conduct at AGM; ASIC v Whitlam [2002] NSW SC 591; [2003] NSWCA 183; [2004] HCA Trans 91 (2002-2004). |
Commercial Litigation
Mediation |
Acted for ASX-listed rural company in a 3 year negligence and breach of contract claim concerning installation of pipes to water storage, mediation & settlement (2002-2004). |
Commercial Litigation
Authority & Agency |
Successful defence of property developer in expedited Supreme Court proceedings and Court of Appeal, issues of actual & ostensible authority and agency; Essington Investments v Regency Property [2003] NSW SC 828; [2004] NSW CA 375 (2003-2004). |
Corporate Regulatory
Delegates Hearing |
Successfully acted for publicly listed funds manager and securities dealer at ASIC Delegates Hearing in relation to over 100 allegations of market manipulation (2004). |
Corporate Regulatory
ASIC Prosecutions |
Acted for ACT and NSW financial advisors in relation to ASIC investigations and criminal proceedings regarding Wattle Group pyramid scheme; pleas and avoidance of custodial sentences (2002). |
Commercial Litigation
Trade Practices |
Successful prosecution of trade practices claim by public company against former directors, misrepresentation issues (2000-2001). |
Commercial Litigation
Partnership |
Acted for a partner in dissolution of hotels partnership including Supreme Court proceedings, interlocutory orders and negotiations (1999). |
Commercial Litigation
Quantum Valebut Claim |
Acted for South Australian manufacturer and exporter in prosecution of contract and quantum valebut proceedings, and in defence of passing off proceedings in Supreme Court of Victoria, successful negotiation & settlement of dispute (1998-1999). |
Construction Litigation
Multi-jurisdictional Proceedings |
Acted for property developer and builder in relation to a large number of Magistrates Court, District Court & Commercial Tribunal proceedings against sub-contractors and other parties during the course of a 200 unit subdivision and commercial development
(1994-1999). |
Construction Litigation
Negligence |
Acted for national chemical manufacturer in defence of proceedings brought by institutional building owner following alleged long term breakdown of chemicals used in construction processes (1999). |
Construction Litigation
Liquidated Damages |
Advised client and prepared construction proceedings involving liquidated damages and retention sums to be issued in Germany against large German engineering corporation (1998-1999). |
Commercial Litigation
Injunction |
Member of team acting for University of Adelaide in prosecution of Anton Pillar Order including leadership of team attending premises to seize documents and property pursuant to orders of Supreme Court of SA (1998). |
Commercial Litigation
Trade Practices |
Successful defence of passing off and trade practices claim against manufacturing client brought in Federal Court at Victoria; Betta Foods Australia v Betta Fruit Bars (1998) ATPR 41-624 (1997-1998). |
Commercial Litigation
Corporations Act |
Acted for directors of gold mining company in defence of Supreme Court proceedings brought by alleged oppressed minority shareholders (1997-1998). |
Resources Litigation |
Undertaken prosecution and defence of mining tenement and exploration licence plaints in the Warden’s Court (1995-1998). |
Resources Litigation |
Negotiated and settled long running dispute between companies over a number of South Australian gold tenements (1997-1998). |
Construction Litigation
International Dispute |
Attendance in Singapore to advise directors of international engineering and construction group about Australian claims resolution, and ongoing proceedings in Victoria and South Australia, successful negotiation & settlement of dispute (1998). |
Commercial Litigation
Professional Negligence &
Manufacturers Warranty |
Acted for international manufacturer in successful defence of a marine engineering negligence claim, manufacturers warranty and trade practices claims at District Court trial, Full Court Appeal and High Court application; BMW Australia v Ocean Marine-Tech (1996) 189 LSJS 1 (1995-1996). |
Construction Litigation
Building Liens |
Prosecution and defence of numerous building worker’s liens matters, including common law and statutory liens and charges in District Court jurisdiction and appeals; MSP Group v Fernleigh Gardens Estate (1996) 189 LSJS 164 (1992-1996). |
Insolvency
Challenging Composition |
Member of team acting for AMP in Federal Court action seeking status as creditor, entitlement to vote and overturning of Part X composition; AMP v Kennedy 1996 UJ BC 9600781 (1996). |
Insolvency
Preferential Payments |
Acted for and against liquidators in relation to preferential payment and insolvent trading by directors proceedings in Supreme Court jurisdiction. |
Insolvency
Statutory demands |
Prosecuted and defended applications in Supreme Court to set aside Statutory demands pursuant to section 459 of the Corporations Law. |
Construction Advice |
Advised project engineers and in-house counsel of national energy contractor about consequences of amendments to AS 4300 Contract and defects liability period / retention issues. |
Construction Advice |
Advised international architecture firm acting as superintendent of major building project in relation to issue of final certificate. |
Corporations Advice |
Appointed as legal counsel for national body for project management; advised senior directors and attendance at board meetings. |
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For reasons of client confidentiality we cannot list all of our achievements.
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