I have conducted a wide practice in all aspects of commercial litigation, trusts, corporations, securities, joint ventures, insolvency, property law, leases, probate and TFM litigation. I have had extensive experience in injunctions and freezing orders. I appear in the Supreme Court, Federal Courts, County Court, VCAT and in mediations and commercial arbitrations. I regularly act as a Mediator in commercial litigation and estate disputes.
Set out below is a list of my practice areas containing examples of the types of cases in which I have had experience.
Commercial contract disputes, Breach of contract, Enforcement of contract, Specific performance, Mistake and rectification, Estoppel, Misleading and deceptive conduct; Misrepresentation, Joint venture disputes, Oppression, Partnership disputes, Receivers, Loan agreements, Sale of business disputes; Damages; Restraint on competing, Personal property securities, Sale of goods disputes; Breach of warranties; Fitness for purpose, Franchise disputes, Guarantees and securities, Passing off and trademark disputes, Commercial torts, Restraint clauses – current and former employees
Contracts of sale, General Conditions and Special Conditions, Vendor’s Statements, Misleading and deceptive conduct; Misrepresentation, Purchaser’s remedies, Specific performance, Rescission, Wrongful repudiation, Vendor’s damages, Off the plan, Options to purchase, Caveats, removal and enforcement, Encumbrances, priorities, Voidable dispositions to defraud creditors, Adverse possession, Removal of restrictive covenants, Estate agents liability; Estate agent’s commission; Estate agent disputes, Apportionable claims, Commercial leasing disputes; Termination issues; Reinstatement of premises; Construction of terms, Retail leases-VCAT, Lockouts, and Owners corporation disputes
Mortgage enforcement, Caveats, removal and enforcement, Guarantees, Subrogation of mortgages by second and subsequent mortgagees, and Unregistered mortgages
Removal of trustee, Breach of trust, Liability of trustee, Fiduciary duties, Indemnity of trustee, Claims for unpaid present entitlements, Variation of trusts, Resulting trusts; Constructive trusts, Equitable interests, Gifts, and Third party in Family Court property proceedings
Corporations – Statutory demands; setting aside, Winding up, Liquidator’s claims: debts; recovery of assets; preferences; voidable transactions, Receivers and Voluntary administration; Validity of appointment; Claims by and against Receivers and Voluntary Administrators
Injunctions – Restraining breaches and enforcing terms, Property rights, Restraint clauses – current and former employees; sale of business, Trade secrets; Confidential information, Wrongful caveats and Restraint of trespass or other torts
Disputed validity of Wills; Testamentary capacity; Undue influence, Statutory Wills, Probate in solemn form, Construction of Wills, Executor’s duties; Removal of executor, Executor’s commission, and Testator’s Family Maintenance claims – for plaintiffs; for defendants; approval of compromise; Funds in Court
Objection decisions – Review by AAT; Appeal to Federal Court, Debt claims by ATO, ATO freezing orders; variation of ATO freezing orders, GST issues, and Directors’ penalties
Wrongful dismissal, Restraint clauses – current and former employees; sale of business, Trade secrets; Confidential information
Negligence by solicitors, accountants, insurance brokers, surveyors.
Experience in acting for claimants and insurers, Fire Business Interruption; Life; Motor vehicle, Issues of policy cancellation – fraudulent claims, material non-diclosure, Construction of policy, and Issues regarding assessment of damages
Directors duties, Directors’ liability, Shadow directors, Directors meetings, Validity of directors resolutions, Execution of company documents, Oppression, Inspection of books and records, Shareholder issues, Voluntary administration, Appointment of Receivers, Winding up, Leave to intervene or bring proceeding on behalf of company – derivative proceedings, Shareholders Agreements, Company restoration to the Register
Bank Mortgages, Bank Guarantees, Subrogation of mortgages by second and subsequent mortgagees, Subrogation as between guarantors, and Personal property securities
I am an Accredited Mediator under the Australian National Mediator Accreditation System. I trained with The Accord Group, and obtained a Certificate of Commercial Mediation. I regularly act as a mediator in relation to a diverse range of commercial disputes within my areas of practice as set out above, and in relation to estate disputes, particularly Testator Family Maintenance claims. Apart from my role as a mediator, I frequently represent parties who are involved in commercial litigation, or estate litigation, at Court ordered mediations. I have appeared as counsel, or have acted as arbitrator, in many commercial arbitration proceedings
Bankruptcy Notices, Part X Personal Insolvency Agreements; Setting aside PIA, Bankruptcy proceedings and Trustee litigation
In anticipation of judgment, Protection of judgment, Variation of freezing order and Australian Taxation Office freezing orders