Neil has more than 20 years' experience advising on all aspects of commercial dispute resolution.
Neil's experience includes commercial litigation, banking and finance, insurance, insolvency, directors and officers claims, and claims under the Competition and Consumer Act and the Corporations Act.
Neil regularly appears in the Supreme and Federal Courts and on behalf of clients during ASIC examinations.
His clients include leading financial institutions, accountants, and corporate entities operating in both local and international markets.
Neil is a CPA, a Public Notary, and a member of the Law Council’s Insolvency and Reconstruction Committee.
- Advising in relation to the matter of Suncorp Metway Insurance Ltd v Landridge Pty Ltd  VSCA 223 with respect to a claim against the estate agents' professional indemnity insurer as to whether his work was a ‘breach of a professional duty’ and the meaning of that phrase in a professional indemnity context.
- Advising in relation to a claim under the old Trade Practices Act 1974, relating to advice to the costs of repair of equipment used in paper industry and whether repair or replacement was necessary.
- Advising in relation to claims under the old Trade Practices Act 1974 and defamation issued out of the Federal Court of Australia.
- Acting in relation to a design and construction contract dispute with a major development company over the construction of laboratories and a science research centre. The dispute was resolved on terms favourable to our client at informal conference.
- Acting for an importer of sports balls in relation to a claim by the NRL of a breach of their trademarks and misleading and deceptive conduct.
- Acting for a major agricultural chemical company in respect of a claim against its public liability insurers who had denied indemnity in respect of a series of claims arising out of the same factual circumstances.
- Acting for property developer in relation to discovery of PCB's on site and recovery of clean up costs.
- Acting for liquidator of a company that had a property leaking arsenic gas and dealing with EPA so as to allow liquidator to sell property with clean up notice outstanding and ensuring liquidator was relieved of liability.
- Acting for a defendant in the class action brought by residents in Cranbourne, Victoria arising out of the escape of gas from an old council landfill which abutted a new residential development. The proceedings settled at mediation of confidential terms.
- Acting in relation to a claim for enforcement of pre-emptive rights to purchase shares owned by the estate under a company constitution where the major assets of the company were mining tenements.
- Acting for a minority shareholder in respect of a series of shareholder disputes concerning preemptive rights granted under the constitutions of a of group companies, which held large interests in mining tenements in the Northern Territory. The proceedings ultimately resolved by a buy out of the minority shareholder.
- Advising during examinations conducted by ASIC, relating to breaches of the fundraising provisions of the Corporations Act and advising on their compliance obligations.
- Acting for director of listed company during ASIC examinations relating to breach of continuous disclosure rules.
- Acting for liquidator in examining company officers and officers of companies with whom they dealt with a view to recovering assets for the benefit of creditors or offences that had been committed.
Building & construction
- Acting for Builder in a claim against the owner of a site arising out of a negligence in design and the right to be indemnified for additional costs incurred as a result of that design and stop work that resulted.
- Acting for liquidator of major construction company involved in roads and infrastructure in dealing with outstanding claims that could be made against head contractor under agreement , including counterclaims in relation to costs to complete and entitlement to both elongation and acceleration payment.
Banking & finance
- Advising in relation to registered debenture charges over a group of companies following the liquidation and seizure of property of one company pursuant to an inter pleader summons.
- Advising in relation to recovery against a partnership that operated as professional services firm in an industry that was regulated by local laws that prevented the Bank being able to enforce in the ordinary manner by appointing a receiver to the business. Initially a Deed of Forbearance was agreed to allow the partners to, either refinance or realise the firm and some of their own assets. The realisation of assets was complicated by disciplinary proceedings being taken against the partners with the firm eventually closing. Procedures had to be put in place to secure the firms position regarding the collection of debtors with the regulatory authority who was managing the wind down of the business. An additional issue arose due to one of the partners being involved in divorce proceedings at the same time with claims being made against his property by his spouse.
- Acting in relation to a claim against the for breach of duty in relation to a purported inappropriate sale of trust assets and failure to transfer assets to the new trustee.
- Acting for a client in various disputes against the Australian Tax Office regarding service of garnishee notices under section 260-5 of the Tax Administration Act and the subsequent successful recovery of monies without the need to issue legal proceedings
- Acting liquidators of Souvlakihut franchisor in all aspects of liquidation including dealing with the sale of the head franchise business, dealing with sub franchisees and individual franchisees and termination of some franchisees, dealing with perishable stock issues and employee issues arising form sale of on-going businesses.
- Acting for liquidator of an incorporated legal practice including dealing with issues relating to trust account, client files and privileges communications, clients records and dealing with Law Institute inspector.
- Acting for liquidator of major construction company in dealing with outstanding claims that could be made against head contractor under agreement , including counterclaims in relation to costs to complete and entitlement to both elongation and acceleration payments.
- Acting for the liquidator of a company which acted as trustee of unregistered managed investments scheme in obtaining orders winding up the managed investments scheme and the scheme which operated a mortgage lending business generally.