Experience

ABC Learning Centres – representing a property fund which was a major landlord of ABC Learning Centres, and successfully intervening in the Federal Court insolvency proceedings.

Misleading and deceptive conduct claim – successfully defending claims of misleading and deceptive conduct in an explanatory memorandum sent to investors during a hostile managed investment scheme takeover.

AFS licence dispute – obtaining orders from the Administrative Appeals Tribunal overturning ASIC's decision to cancel a large fund manager's AFS licence.

Agribusiness managed investment scheme winding up – obtaining novel orders to wind up a number of inter-related agribusiness managed investment schemes on behalf of a fund manager.

Centro Properties Group (now Federation Centres) restructure – acting for the Centro MCS syndicate management business in the restructure of Centro Properties Group and Centro Retail Trust to create the multi-billion dollar ASX listed Centro Retail Australia.

Land valuation appeals – acting for the owner of a retail shopping centre to appeal three consecutive land valuations.

Contract disputes – acting for a responsible entity of a property fund in multiple Federal and Supreme Court proceedings about the acquisition and refurbishment of two commercial office, retail and hotel premises. The disputes involved interpreting the contracts for sale, calculation of the purchase price, valuation, incentives and one year price adjustment, development deed, construction contracts, pre-lease agreements and leases.

Landlord/tenant disputes – acting for landlords of commercial, office and retail premises to recover rent arrears and advise on lease disputes, including breach of lease, allegations of misleading and deceptive and unconscionable conduct, abandonment of premises, tenant insolvency and market rent determinations.

Mining contractor dispute – successfully resolving Federal Court proceedings for alleged breaches of employment contracts, directors' duties, misuse of confidential information, and conspiracy, including settlement of an urgent injunction application.

Shareholder dispute – enforcing obligations under a share sale agreement (including the payment of $46 million) that were secured by personal and corporate guarantees, including successfully defending urgent injunction proceedings.