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25.05.2022

News

Some examples of our Litigation work

We provide strategic risk management, dispute resolution, and litigation advice. We work closely with our Funds Management and Real Estate teams which means we are ideally placed to advocate for, and help resolve, disputes in those industries. We also provide commercial dispute resolution advice and conduct litigation for the business community generally, and for the clients of other specialist lawyers and business advisers. Here are some examples of our work…


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.


AFSL dispute

Obtaining orders from the Administrative Appeals Tribunal overturning ASIC’s decision to cancel a large fund manager’s AFSL.


Fund advertising and marketing

Carrying out audits of advertising and marketing material, and assisting with responding to communications from ASIC alleging deficiencies in material.


Financial advice dispute

Successfully defending an individual and a corporate authorised representative in District Court proceedings for negligence and misleading or deceptive conduct in respect of financial advice provided to investors.


AFCA claims

Acting for a licensee challenging the jurisdiction of AFCA to investigate multiple complaints stemming from the conduct of related parties of an authorised representative.


ASIC investigations and notices

Acting for corporate entities and individuals, including AFSL holders, authorised representatives and employees, in relation to ASIC investigations and notices seeking provision of information or attendance at examinations with ASIC.


Appealing ASIC decision

Successfully appealing ASIC’s decision to permanently ban our client and cancel the AFSL of the associated entity in the Administrative Appeals Tribunal.


Construction dispute

Successfully acting for the tenant of an industrial property in relation to delays for the completion of electrical works.


Agribusiness MIS winding up

Obtaining novel orders to wind up a number of inter‑related agribusiness managed investment schemes on behalf of a fund manager.


Land valuation appeals

Acting for a retail shopping centre owner to appeal three consecutive land valuations.


Real estate contract dispute

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.


Landlord/tenant disputes

Acting for landlords of commercial, office and retail premises to recover rent arrears and advise on lease disputes involving breaches, misleading and deceptive conduct, 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.


Authors

Kristy Dorney

Kristy Dorney

Partner

Selina Nutley

Selina Nutley

Partner

Siobhan Luck

Siobhan Luck

Associate

Sarah Sherman

Sarah Sherman

Lawyer

Contact McMahon Clarke

Brisbane
T +61 7 3239 2900
A Level 7, 100 Creek Street, Brisbane Qld 4000

Melbourne
T +61 3 9909 1400
A Level 2, 696 Bourke Street, Melbourne Vic 3000