Complex Dispute Resolution
We run complex and sensitive commercial disputes.
We specialise in areas of banking, finance and insolvency. Our focus is on results and delivering our clients the optimal outcome.
Our team is known for their litigation skills, with global firm experience in getting the best results for clients.
Acted for publicly listed financier and the appointed receivers and managers of the collapsed largest independent stockbroker in Australia and New Zealand in recovering funds.
Acting for non-bank and private lenders in the recovery of funds and securities enforcement.
Acted for former dual-international rugby sports star in the recovery of entire career life savings.
Advised Australia's largest logistic provider in relation to the restructure of an ASX listed iron ore company, being the first time an Australian mining company has managed to restructure itself with the support of lenders, suppliers and shareholders in such an innovative and consensual way in order to avoid insolvency.
Extensive experience in connection with determining and resolving claims and entitlements to financial products and their proceeds, particularly in connection with misuse of client monies under Part 7.8 of the Corporations Act 2001 (Cth).
Acted for defendant company and liquidator in the successful defence of a multimillion dollar construction claim relating to the design, construct and commission of a coal washing and processing plant, as well as further issues under the Insurance Contracts Act involving insurer's liability, misrepresentation and fraudulent non-disclosure.
Acted in multiple proceedings in the Federal Court of Australia and Supreme Court of NSW in multi-million dollar claims against accounting firms that have acted negligently, engaged in misleading and deceptive conduct and in breach of contract, including in connection with financial services advice and audits.
Acted in relation to multiple first instance and appeal proceedings relating to competing claims to monies in accounts and property, including on the basis of constructive trust and Quistclose trust.
Acted in disputes in the Federal Court of Australia between two publicly listed mining companies focused on iron ore production in the Mid West of Western Australia. The claim involved a multimillion dollar constructive trust dispute, tracing and issues around a breach of director’s duty and insolvent trading by shadow directors
Successful enforcement and successful defence of claims against directors and holding companies for liability for insolvent trading and breach of fiduciary duties.
Acted for the liquidators of different stockbroker and derivatives issuers, in dealing with claims relating to deficiency in client monies, mixing, pooling and breaches of the client monies rules, involving complex and precedent litigation and directions for judicial advice.
Successful tracing, enforcement and ultimate recovery of funds transferred offshore through banking fraud, deceit and mistaken payments.