Dispute Resolution & Risk Management

• Acting for the Duke Group Ltd (In Liquidation) in proceedings involving breaches of fiduciary and accessory liability and for its liquidator in relation to creditors' claims for post liquidation interests.
• Acting in proceedings in the Supreme Court for a North American client with a significant wine distribution business in North America, concerning disputes relating to, and the unwinding of joint venture arrangements in South Australia for the large scale production of wines.
• Acting for a Taiwanese investment group in proceedings in the Supreme Court involving allegations of oppressive conduct by other stakeholders, breaches of directors' duties and the necessity to adjust loan accounts.
• Acting for one of two joint venturers in proceedings in the Supreme Court claiming the loss of an opportunity to acquire a private hospital. The claim was against the lawyers jointly engaged by both joint venturers, in circumstances where those lawyers commenced to also act for the other joint venturer in his own right in his successful purchase of the hospital. An earlier claim against the co venturer had been successfully pursued.
• Acting in proceedings in the Federal Court for major retailers defending proceedings commenced by the ACCC in respect of alleged misleading and deceptive advertising.
• Acting for a major developer in proceedings in the Supreme Court relating to a lost opportunity to acquire broad acre land suitable for redevelopment as a result of the alleged misleading and deceptive conduct of a real estate agent.
• Acting for a major electricity retailer in respect of a number of claims with the electricity distributor, and concerning the regulatory and contractual environment governing the South Australian electricity market. This matter was successfully resolved prior to proceedings commencing.
• Acting in proceedings in the Supreme Court for the trustees of a number of family trusts operating businesses in the construction and nursing home industries, and defending claims brought by beneficiaries against the trustees.
• Acting for the executors of a large and complex estate, comprising four large iconic outback stations, and defending claims and proceedings alleging that the properties were subject to constructive trusts, claims in respect of disputed partnership accounts and dealings and, ultimately, claims under the Inheritance (Family Provision) Act.
• Acting for a major retailer in proceedings in the Supreme Court against former senior personnel and suppliers, in circumstances where it was alleged that the personnel had conflicts of interest because of their association with the supplier.
• Acting for the former chairman of a large superannuation fund in proceedings brought by the fund in the A.C.T and N.S.W Registries of Federal Court alleging breaches of the Corporations Act and fiduciary duties.
• Acting for a hotel and pharmacy group in respect of the alleged systematic theft of substantial amounts of money over a lengthy period by an employee.
• Acting for a major manufacturer in respect of a dispute with a joint venture partner concerning the terms of their arrangement, and the degree to which production of alternative fuels under that joint venture met specification.
• Acting for a major construction company in respect of submissions to the ACCC on the market impact of a proposed merger of two suppliers, and subsequent correspondence and submissions in respect of the establishment of a prices surveillance enquiry pursuant to the Trade Practices Act.
• Acting for a major manufacturer in proceedings in the Supreme Court in respect of a fire at the company's major manufacturing plant and which resulted in significant damage and loss of production.
• Acting for Akai Pty Ltd (In Liquidation) and its liquidator in claims in the N.S.W registry of the Federal Court against foreign nationals in which recovery was sought from shadow directors and officers, for breach of statutory and fiduciary duties and for insolvent trading.
• Acting for a franchisee in proceedings in the Supreme Court of Victoria involving alleged breaches of the Franchising Code of Conduct, misrepresentations and breaches of the franchise agreement.
• Acting in a number of disputes between growers and producers on grape supply arrangements in the wine industry.
• Acting for the South Australian State Government in proceedings brought in the Supreme Court by a former Chief Executive of a government department.
• Representing a party in proceedings, and subsequently in negotiations leading to the separation of interests of a substantial property investment group.
• Acting for Sumitomo Coal Development in a multi million dollar claim in N.S.W Supreme Court against insurers arising out of a spontaneous combustion event in a mine.
• Acting for Markethaven (subject to Deed of Company Arrangement) in its claim against the Commonwealth regarding Pan Pharmaceuticals and the Therapeutic Goods Administration.
• Acting for a national financial services franchisor in relation to alleged breaches of contractual, fiduciary and statutory duties by former employees.
• Acting in proceedings instituted by the ACCC against Skins Compression Garments & Ors claiming misleading and deceptive advertising and resale price maintenance.
• Acting for a national franchisor in relation to termination of franchise operations, defence of litigation by franchisees and settlement of claims by franchisees, ACCC and international master franchisor.