Experience

Experience

Freezing customer accounts

Acting for major Australian bank in relation to court proceedings seeking freezing orders over customer accounts.

Panel appointments

We are on WorkSafe Victoria's common law, statutory benefits and recoveries legal panels and the Victorian Traffic Accident Commission's informal panel, self-insurer panels and large general insurer panels.

Claims advice

Advising WorkSafe and self-insured companies in relation to liability for worker's compensation claims, including in relation to often complex and sensitive issues of employment, deemed employment, scope of employment, management action defences and medical and like expenses.

Sensitive disputes & complex matters

Advising and acting for clients in relation to complex and sensitive claims involving workplace fatality, mental injury and suicide, occupational disease including asbestos related conditions and cancers, heart attack and stroke injuries.

Defending psychiatric injury cases

Significant portfolio of complex psychiatric injury cases defended on behalf of government and other employers.

Self-insured company advice

Advising self-insured companies in relation to claims management and occupational health and safety issues including undertaking self-insured legal work for one of Australia's largest airline companies.

Injury claims

Acting on behalf of WorkSafe Victoria and the Transport Accident Commission in defending complex and sensitive statutory compensation, including claims for dependency benefits, and common law claims arising from work place injuries and transport accidents.

Stream leasing

Acting for a major telco on its national stream leasing requirements.

Nationwide leases

Advised national government agency on its shopfront leases, including negotiation with numerous landlords of all of its 270 leases Australia-wide.

Lessor and lessee

Acted for large recreation chain as their national lawyer for all leasing work, as a landlord and tenant.

Land swap

Acted for port operator in a land swap transaction with the SA State Government involving the acquisition of various land parcels which included surrenders, grants of new head leases, option agreements, encumbrances and complex ‘soil contamination liability’ positions and rail corridor services.

Master documents

Advised developer in the preparation of a master suite of documents and pro forma off the plan sales contract for multi-storey apartment developments.

Retail leases

Acted for landlord in its ‘Rundle Place’ shopping centre and office tower development in Rundle Mall, Adelaide.

Extensive litigation experience

Acting on behalf of employers in common law trials involving complicated negligence and tort issues, multiple parties and large monetary sums.

Sensitive disputes

Advising and acting for clients in relation to sensitive claims involving workplace fatality, mental injury and suicide, occupational disease including asbestos related conditions and cancers, heart attack and stroke injuries.

Phoenix activity

Advising a company in relation to alleged preference claims, Phoenix activity and insolvent trading.

Defending complex matters

Acting on behalf of WorkSafe Victoria and other self-insurers in defending complex and sensitive statutory and common law compensation claims arising from personal injury and death.

Prescribed burn damages

Acting on behalf of the Department of Environment, Land, Water and Planning in defending litigated claims for property damage and business loss arising out of prescribed burns.

Bushfire class actions

Advising on the settlement distribution schemes totalling in excess of $500 million and related regulatory issues arising out of the Black Saturday Bushfire Class Actions.

Reform advice

Acting on behalf of the South Australian Crown Solicitor's office in relation to the review and reform of its Compulsory Third Party Insurance Scheme.

Defending complex matters

Acting on behalf of WorkSafe Victoria and employers in defending complex and sensitive statutory compensation and common law claims arising from work place injuries. These include disputes in relation to workers' entitlements such as weekly payments, liability for disputed injuries and also the statutory threshold tests in relation to common law damages.

Self insurance

Advising self-insured companies and WorkSafe in relation to claims management issues.

Personal injury disputes

Acting on behalf of statutory bodies and self-insured companies in personal injury and administrative law disputes in jurisdictions including, the County and Supreme Courts of Victoria, the High Court of Australia and the Victorian Civil and Administrative Tribunal. These include Appeals and Judicial Review Applications.

Extensive court experience

Acted for the WorkSafeVictoria, its authorised insurers and employers in defending matters under the Accident Compensation Act before the Court of Appeal, Supreme, County, and Magistrates Courts.

Legal panel secondment

Selected by WorkSafeVictoria's Dispute Management Division for its first ever external secondment from its legal panel. Assisted in the management of the legal panel in its conduct of both statutory benefits and common law damages litigation on behalf of the authority.

Self insurance

Self-insured legal work for one of Australia's largest airline companies.

Duty breaches

Successfully representing a major Bank in litigation involving numerous sets of proceedings commenced by commercial borrowing entities for various breaches of duty, including under s420A of the Corporations Act.

Successful mediation

Successfully resolving several contested recovery matters at informal settlement conferences or via mediation, avoiding litigation and resulting in considerable recoveries.

Valuer litigation

Acting for a large Bank in valuer litigation, which was resolved favourably at mediation and led to a substantial recovery.

Contested recoveries

Acting for major Banks in contested recovery litigation in the Supreme Court, Court of Appeal and in respect of applications for special leave to the High Court of Australia.

Injunction defence

Successfully defending an injunction application brought by an interested party against a mortgagee, seeking to prevent the proposed sale of a large commercial development site.

Enforcement and recovery

Acting for major banks in relation to security enforcement and loan recovery matters, including across both retail and commercial sectors.

Contested litigation

Successfully representing a major Bank in contested litigation in the Supreme Court of New South Wales which involved various claims of breaches of contract, unconscionability and breaches of the Australian Consumer Law.

Injury claims

Acting on behalf of WorkSafe Victoria and employers in defending complex and sensitive statutory compensation and common law claims arising from workplace injuries.

Self-insured company advice

Advising self-insured companies in relation to claims management and occupational health and safety issues.

Experience across jurisdictions

Acting on behalf of statutory bodies and self-insured companies in personal injury and administrative law disputes in jurisdictions including, the County and Supreme Courts of Victoria, the High Court of Australia and the Victorian Civil and Administrative Tribunal.

Fraud damages

Defending a damages claim against a major Bank regarding a customer’s bookkeeper fraud conducted using an online facility.

Misleading and deceptive conduct

Defending damages claims against Banks for misleading and deceptive conduct, with connected security enforcement claims.

Secured recovery litigation

Representing a major Bank in contentious secured recovery litigation, including a Supreme Court trial, in which judgment was obtained in favour of the Bank.

Successful recovery disputes

Successfully resolving a contested and contentious secured and unsecured recovery disputes and legal proceedings by way of informal negotiations, avoiding the need for any or further litigation and positive outcomes for all parties and including documenting settlement agreements.

Compulsory acquisition

Acting for a government department in relation to compulsory acquisition proceedings, including preparation of settlement documentation, applications for payment of money out of the Supreme Court Suitors’ Fund to relevant parties and liaising with various interest holders in relation to the acquisition process.

Tenant enforcement

Representing a national landlord in connection with all its tenant enforcement action.

Unsecured debt recovery

Reviewing and advising on position of a stockbroking client regarding enforcement options in respect of a significant unsecured debt. Advised strategy resulted in a prompt settlement offer and successful resolution in high risk circumstances for our client.

Judgment enforcement

Enforcing judgments in the South Australian, Victorian and New South Wales jurisdictions for various clients, and by way of agency for interstate clients, including by way of Statutory Demands and Winding Up proceedings, Bankruptcy Notices and Sequestration Orders.

Mortgage recovery

Mortgage recovery work in respect of residential and commercial properties, including both Court enforcement proceedings, and out of Court enforcement.

Mortgage security reviews

Reviewing and interpreting mortgage security documents, including clauses and requirements for compliance under loan agreements, terms and conditions, mortgages and memorandum of common provisions.

Legislation interpretation

Reviewing and interpreting legislation in respect for enforcement action for originating processes and compliance in NSW, VIC, QLD and ACT.

Defending complex matters

Acting on behalf of WorkSafe Victoria, self-insurers and the TAC in defending complex and sensitive statutory and common law compensation claims including jury trials and circuit matters.

Extensive court experience

Acting for WorkSafe Victoria, self-insurers and the TAC in the Court of Appeal, Supreme, County and Magistrates Courts and VCAT including appearing in interlocutory applications.

Advice work

Providing extensive and complex advices to WorkSafe Victoria, self-insurers and the TAC including education and training.

Dispute management

As Senior Legal Manager at one of WorkSafe Victoria's authorised agents, managed the Dispute Resolution Team, provided legal advice to the business and employer clients on claims management and litigation.

Harassment and discrimination defence

Successfully defended a sexual harassment and racial discrimination case through comprehensive proofing of witnesses and thorough trial preparation.

Bank recoveries

Acting for Australian banks in the enforcement of securities, recovery of debts and possession of secured property including reviewing facility and security documentation.

Insolvency practitioners

Acting for leading insolvency practitioners in relation to personal and corporate restructuring matters, including: receivership and liquidator appointments; assisting and facilitating the realisation of assets; unfair preferences, uncommercial transactions, insolvent transactions, unfair loans and voidable transactions; and public examinations.

Proceeds of crime

Acting for a regional Bank in relation to a Restraining Order lodged by the Australian Federal Police on a security property, advice regarding the Proceeds of Crime Act and forfeiture to the Commonwealth.

Fraud

Acting for a Bank in relation to fraud, the enforcement of forged loan agreements and securities and identification issues.

Self-insured clients

Advising self-insured companies in relation to claims management and providing comprehensive settlement solutions.

Extensive court experience

Acting for clients at all levels, from VCAT to the Court of Appeal, including complex proceedings, multi-party matters, judicial review applications and proceedings under Part III of the Wrongs Act.

WorkCover

Advising and acting on behalf of WorkSafe Victoria and self-insurers in complex pre-litigated and litigated common law damages claims for personal injury, litigated statutory benefits proceedings and dependency claims.

Statutory compensation

Advising and acting for other government bodies/insurers including the TAC and the CFA in relation to claims for personal injuries.

SA Department for Infrastructure and Transport

Advising on tender documents, agreement for lease with integrated base building and fitout model, lease and related documents for a new purpose built facility housing the South Australian Fire and Emergency Services Office and Operational Control Centre, the DIT office accommodation at 83 Pirie Street and new GPO Tower development.

SA Department of Treasury and Finance

Advising on the heads of agreement, agreement for lease with integrated fitout, lease and related documents for SA Health and Medical Research Institute 2.

Cedar Pacific

Undertaking due diligence and contract negotiations for the acquisition of the purpose built student accommodation facility known as 'The Village', 210 Grote Street, Adelaide, South Australia.

Bolton Clarke

Acting for Bolton Clarke with respect to the sale and leaseback of its South Australian property portfolio to Australian Unity for circa $230 million.

Commercial and General

Acting for Commercial and General with respect to its acquisition and leaseback of the national Bridgestone property portfolio.

Brookfield Properties

Advising Brookfield Properties in relation to the leasing arrangements for its new office building at Nine, The Esplanade, Elizabeth Quay, Perth WA.

Competing interests

Representing a major bank in proceedings relating to competing interests in land, breach of mortgagee's duties, breach of contract, fraud and unconscionable conduct.

Loan books

Acting for two banks and an insolvency firm in the administration of significant loan books in connection with the collapse of three significant managed investment schemes.

Strategic advice

Representing a major bank in sensitive litigation involving a group of entities that owned and operated numerous vineyards. This included strategically advising the bank in relation to the matter prior to the commencement of proceedings through to achieving settlement.

Export financier

Advising an export financier in relation to its impaired exposures including preparation of training and user guides.

Debt recovery proceedings

Managing numerous debt recovery proceedings on behalf of a government agency.

Mortgage recovery proceedings

Appearing for a major bank in various mortgage recovery proceedings including appeals to the Court of Appeal.

Commercial property recovery

Representing one of the Big-4 banks in recovery proceedings for six commercial properties which includes allegations of unjust and unconscionable lending practices.

Trust management

Advising an insolvency professional appointed by the Supreme Court of WA to a private unit trust with several property holdings on the management and vesting of the trust to unit holders.

Bankruptcy trustee

Representing a bankruptcy trustee for court approval on the distribution of monies recovered in a bankrupt estate where the full extent of creditors was uncertain.

Competing trust claim

Acting for a major bank in recovery proceedings involving a competing trust claim for the mortgaged property.

Property developer liquidation

Acting for the liquidators of a group of large property development companies with creditors exceeding $700m and involving numerous applications for access to company records, investigations into company affairs, extension of limitation periods for insolvency claims, recovery of property and enforcement of director duties.

Breach of duties

Acting for a major Australian Bank in NSW Court of Appeal regarding allegations of breach of mortgagee’s duties, breach of contract, fraud and unconscionable conduct.

Lease dispute

Advising a major REIT in relation to a lease dispute concerning make good.

PPSA proceedings

Acting for an Australian regional Bank in relation to Federal Court PPSA rectification proceedings.

Banking disputes

Acting for Banks and financial institutions in contentious banking disputes and complex recovery actions, including both commercial and associated personal lending.

Mortgage fraud

Acting for a Bank regarding a series of mortgage frauds involving fictitious borrowers. The Victorian Police Fraud Squad were involved in this matter, as were many other Banks, financial institutions, insurers and the Registrar of Titles Victoria.
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