Brit provides a full range of dispute resolution services from risk management advice through to large-scale litigation. Brit's particular areas of expertise include advising responsible entities and trustees on the operation and management of their schemes, resolving shareholder oppression actions, advising directors about their potential liability in advance of making board decisions, acting for parties in joint venture and partnership disputes, financial services disputes, and conducting litigation about disputed contract rights and obligations.
Some key transactions Brit has recently been involved in include:
- Resisting injunctions sought by the former employer and current competitor of our clients and then defending a fast tracked Federal Court trial involving allegations of breach of contract, breach of the Corporations Act, tort of conspiracy and breach of fiduciary duty.
- Advising on aspects of the multi-billion dollar Centro MCS restructure including related party transaction provisions, the responsible entity's equitable duties and the requirements for amending the schemes' constitutions.
- Preventing a developer from avoiding its obligations to buy back land in relation to a failed supermarket development, including successfully presenting an appeal to the Queensland Court of Appeal.
- Advising on the restructure and takeover of a managed investment scheme that invested in pearl farming, including negotiations with the administrator of the responsible entity. This restructure prompted two separate court proceedings commenced on behalf of disgruntled investors. Brit successfully defended both actions, including before the Queensland Court of Appeal.
- Conducting litigation on behalf of one director/shareholder of an insurance business against the chairman of the board and the company in relation to a series of loans and unpaid salary.
- Providing strategic advice to both responsible entities and investors in managed investment schemes about how to call a meeting of the scheme to resolve such issues as the removal of the responsible entity, the amendment of the constitution or the winding up of the scheme.
News & Publications
T 07 3239 2960
McMahon Clarke and MSCI invite you to our Australia Property Investment Forums in Melbourne and Brisbane. Click here for more details.
The latest edition of Fundamental is available now. Download your copy.
Download our guide to RG 97: Updating your disclosure documents – everything you need to know here.