Acting for the Controllers of a group of companies, Nick Combis and Peter Dinoris, after the commencement of proceedings challenging the validity of the security under which the appointment was made. The proceedings sought an investigation into the prior controller’s conduct and seeking to prevent the payment of fees of our client from the realisation process.

Representing David Clout, a bankruptcy trustee, in an action brought by a listed financial institution to set aside a deed of composition in the Federal Court of Australia (South Australia registry) where adverse allegations were made about the trustee's conduct.

Representing Nick Combis and Peter Dinoris, as receiver and managers in the Supreme Court of Queensland to obtain urgent injunctive relief preventing the sale of livestock assets by former partners of the partnership to which the receivers were appointed.

Acting for MIS Funding No. 1 Pty Ltd (a subsidiary of the Commonwealth Bank of Australia) as the lender to a series of agricultural managed investment scheme. The matter involved recovering its loan book, valued in excess of $250 million after the collapse of the schemes and default by the borrowers including commencing proceedings and obtaining default judgement across multiple jurisdictions; defending proceedings and prosecuting to obtain judgement in multiple jurisdictions; issuing statutory demands for payment within Australia; and winding up companies which did not respond. This took place while simultaneously managing potential issues relating to a threatened class action and notification regime to MIS to ensure consistency across jurisdictions of responses.

Advising and representing companies and directors of companies subject to voidable preference recovery actions by liquidators to resolve the claims on commercial terms to the mutual satisfaction of the parties.

Acting on behalf of the Administrators, Deed Administrators and Liquidators, Ann Fordyce and Brad Hellen, of an Australian publicly listed company, Asian Pacific Limited (in liquidation), in entering a Deed of Company Arrangement, its default, the eventual liquidation of the company and in relation to recovery and possible distributions of dividends with interested parties from multiple jurisdictions.

Acting for the liquidator of Michael Giles Real Estate Pty Ltd (in liquidation), Peter Lucas, to recover voidable transactions to the directors and their associated entities in the Supreme Court of Queensland, recover international assets and rights against parties in overseas jurisdictions and simultaneously acting for the liquidators in AAT then Federal Court proceedings regarding voidable transactions involving superannuation distributions.

Acting to represent two directors in public examinations in the Federal Court lasting two days over their conduct of the business of the company in liquidation amid allegations of actions to defraud the Commonwealth, phoenix activity, breach of director duties, insolvent trading and voidable transactions.

Advising and drafting a suite of litigation recovery precedents seeking recovery of monies owed pursuant to a loan book acquired as a result of a merger of two financial institutions governed by the Consumer Credit Code; drafting internal checklists for the client that would enable ease of verification of steps required to attempt to recover monies and if required hand over attempts to external legal suppliers; establishing reporting and billing protocols to accompany documentation and identifying methods for and means of notification for sensitive and high risk issues to the lender.

Prosecuting in the Magistrates Court summary offences against individuals contravening the Corporations Law, participating in administrative banning actions under the ASIC Act and advising on interpretation of legislation in the exercise of ASIC’s powers

Advised and responded to ASIC, APRA and member enquiries of alleged misappropriation of monies from a substantial industry superannuation fund, involving civil proceedings, APRA and ASIC investigations and reporting to members under the terms of the regulations and trust deed without compromising the law or the case before the court

TENANT AND LANDLORD DISPUTES: UNUSABLE PREMISES

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