Selina leads our Litigation team and has extensive experience in all aspects of commercial litigation and dispute resolution, from general civil litigation, particularly in the funds management, financial services, real estate and corporate sectors, to class actions. In the funds management and financial services area, Selina is focused on assisting clients with managing contentious relationships between trustees, investment managers and investors, regulatory investigations (including with AFCA) and disputes arising from the licensee/authorised representation relationship. In the property arena, Selina advises clients in disputes concerning contracts, development agreements, resumption of land and also represents clients in the Planning and Environment Court. Her general commercial litigation experience spans the likes of trade mark, defamation, partnership and restraint of trade disputes. Selina is a sought after for her engaging, practical, and carefully tailored inhouse training presentations, and our clients value Selina's common sense commercial approach, outcomes focus, and genuine industry knowledge.
Some key transactions Selina has recently been involved in include:
- Freedom of Information dispute – acting for an AFSL holder responding to a Freedom of Information request lodged by a major newspaper seeking to reveal details of communications with ASIC.
- Trustee disputes – acting in proceedings about whether a right of first refusal had been successfully invoked against a trustee and in a dispute against an investment manager who sought to orchestrate a removal of the trustee by members to avoid its contractual obligations.
- Authorised representative disputes – acting in proceedings instituted by the authorised representative's former licensee seeking to recover damages pursuant to an indemnity; acting on behalf of an authorised representative to successfully resolve a claim and third party proceedings about providing allegedly negligent investment advice; 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; and acting for a corporate authorised representative who received a show cause notice from its licensee alleging breaches of statutory and contractual obligations.
- Australian Financial Complaints Authority 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.
- Investor dispute – acting for investors in a unit trust investigating a class action alleging misleading and deceptive conduct, conflicts of interest, and mismanagement by a responsible entity.
- Representative action case authority – successfully defending an application to strike out a claim on behalf of more than 40 property owners in what became Queensland's leading case authority about representative actions.
- Market rental determination – acting on behalf of a tenant in a market rental determination dispute, obtaining one of the few judgments in Australia which interprets the concept of 'fair market rent'.
- Landowner/developer disputes – acting on behalf of a group of landowners to successfully recover compensation for diminution in property value as a result of mining related subsidence; acting on behalf of a landowner seeking compensation for negligent legal advice associated with the purchase of an agricultural property subject to severe clearing restrictions; acting for vendors seeking specific performance of land contracts; acting on behalf of a landowner in a dispute with neighbours concerning the interpretation and use of an access easement; advising and acting on behalf of a developer to revive a lapsed development approval; and acting for a former owner of a commercial shopping centre who was joined to proceedings against the new owner under the proportionate liability regime.
- Corporate oppression proceedings – acting for a minority shareholder and unitholder in corporate oppression proceedings.
Contact Selina Nutley
T 61 7 3239 2961