Most litigation settles before trial.  Some matters which we have been involved with and have gone to trial are listed below. 

Statutory demand appeal

Successfully defending an appeal against a decision upholding a statutory demand in the Supreme Court of Victoria:

 Redepay Pty Ltd v Pty Ltd [2009] VSC 316 (28 July 2009)

Copyright injunction

Obtaining injunctive relief preventing the use copyrighted material at a very early stage and seeking damages in the Federal Court of Australia:

Tenderwatch Pty Ltd v Reed Business Information Pty Ltd [2008] FCA 931 (19 June 2008)

Life tenancy injunction

Obtaining injunctive relief on behalf of a client claiming a life tenancy in a property in the Supreme Court of Victoria: Calderone v Perpetual Trustees Victoria Ltd [2007] VSC 155 (18 May 2007)

Access to land

Involved in proceedings relating to access over land:

Fibrework Industries Pty Ltd v Furnari & Ors [2005] VSC 489 (15 December 2005)

Sports law and negligence

Client: International Rugby Board (IRB) Involved in the matter through the Supreme Court of NSW to the judgment of the Court of Appeal:

Hyde  v Agar & Ors; Worsley v Australian Rugby Football Union Ltd & Ors Matter Nos CA 40439/96; CA 40440/96 [1998] NSWSC 451 (19 October 1998)

Then in successful applications for special leave in the High Court through to the successful decision in favour of the IRB here:

Agar v Hyde [2000] HCA 41; 201 CLR 552; 173 ALR 665; 74 ALJR 1219 (3 August 2000)   

Liability in tort and contract

Involved in the groundbreaking High Court of Australia decision on concurrent liability in tort and contract:

Astley v Austrust Ltd [1999] HCA 6; 197 CLR 1; 161 ALR 155; 73 ALJR 403 (4 March 1999)

Constructive trusts

Litigation through the NSW Supreme Court up to the Court of Appeal relating to constructive trusts:

Pollicino v Pollicino [2000] NSWCA 4 (22 March 2000)

Professional negligence, insured funding litigation agreements, administrations and multiple proceedings:

Smits & Ors v Roach & Ors [2002] NSWSC 241 (19 June 2002)

Partnership dispute - top tier Australian law firm

In Southeast Asia, acting for the local partners of an Australia law firm in relation to disputes about operations in that country. 

Personal liability of administrators

Litigation determining the extent of personal liability of administrators appointed pursuant to the Corporations Act:

Energy & Resource Conservation Company Pty Ltd (In Liq) -v– Abigroup Contractors Pty Ltd  (NSW Supreme Court)

Auditor negligence

Acting in defence of auditors accused of negligence, and advising on claims against auditors.

Insolvency administrations

Advising secured creditors on appropriate insolvency administrations and acting for the appointee on administration issues.

Insured funding litigation

Procuring, negotiating and prosecuting litigation funded by third parties in insolvent situations.

Advising directors

On strategies to deal with issues raised by administrators and liquidators and on deeds of company arrangements.

Commercial litigation

Including notices of motion, applications, summary judgments, injunctive relief including trials in all jurisdictions.