Achievements

Acted for a leading multinational company in relation to unresolved questions under Australian patent law regarding the method of calculation for damages to patent infringement.
Acted for a German company’s Australian subsidiary in Australian Federal Court proceedings against a former Australian distributor. Proceedings were commenced using the Federal Court “Fast Track” procedure and settled successfully on confidential terms at mediation.
Advised a leading Australian property group on a wide variety of commercial property disputes regarding their leasing portfolio, ranging from contractor disputes, environmental and planning issues and tenancy recoveries.
Extensive experience acting for banks and financial institutions in defended security enforcement matters which involve a wide range of law such as cheque fraud, unconscionable conduct, misleading and deceptive conduct, identity fraud, breach of contract, breaches of the NCCP, breach of mortgagee/receiver duties, unjust enrichment, subrogation, priority disputes, constructive trusts, tracing remedies, insolvency and reconstruction.
Acted for a company that was a defendant in proceedings in the Federal Court of Australia involving allegations of insider trading in connection with a hostile take-over bid for Rivkin Financial Services Limited. As part of our defence, we made a successful “no case to answer” application, which meant that our client was not required to give evidence in the proceedings. This resulted in significant cost savings for the client.
Voluntary administration of the Raptis Group of Companies - Supported the administrators in their successful effort to ensure seamless completion of the major projects under way at the time of the appointment.
Liquidators of the Wideform Group of Companies - Acted on the sale of the assets, the termination of the winding up of the parent entity and numerous substantial preference claims.
Financier of a Satellite Group Company - The financier faced substantial loss. Without appointing an insolvency practitioner, our team assisted the financier to ensure completion of the project, sale of all units and recovery of all amounts due.
Former parent of James Hardie companies - Acted for the former parent of James Hardie companies including advising on the effect of the unique government controlled winding up implemented by special purpose legislation which commenced in December 2005.
Major Manufacturer in the Automobile Motor Industry - Our team worked hand in hand with a top tier accounting firm to restructure the group, ultimately leading to a successful sale of the business.
Directors of a listed gold mining company - Defended an insolvent trading claim commenced by the liquidator.
The Liquidators of Lehman Brothers Asia - As Australian lawyers for this major creditor of Lehman Brothers Australia, our team was involved up to the High Court on the landmark challenge to the scope of the deed of company arrangement and the class action commenced by former clients of LBA and investors in CDOs.
Directors of Fincorp, HIH and New Cap Re - The team acted in civil proceedings, public examinations, the HIH Royal Commission, ASIC investigations and criminal prosecutions.
Opes Prime Stockbroking - Acted for a major creditor of the collapsed Opes Prime Stockbroking group, involving many hundreds of customers using margin loan facilities. Our client was one of the few to commence Federal Court proceedings against the receivers and liquidators of the group and its managing director. The liquidators obtained Federal Court approval for a Scheme of Arrangement to the creditors, which was the largest on record for a company in liquidation in Australia. Our advice also extended to involvement in the subsequent ASIC investigation and prosecution of the directors of Opes Prime, which resulted in their conviction for breach of directors’ duties.
Jackgreen (International) Pty Ltd (In Liquidation) - PKF were appointed administrators of Australia’s largest green energy supplier. Our team was briefed with the role of advising on a variety of issues ranging from the operation of the National Electricity Rules to the successful sale of the shell of the publicly listed parent company as part of the overall Deed of Company Arrangement. During the course of the long-running matter, our team appeared for the Administrators in the matter of Jackgreen (International) Pty Ltd [2010] NSWSC 817 which addressed a Receiver’s entitlement to refuse to retire when faced with an alleged contingent liability. The receiver was unsuccessful.
KV Aviation - Our Disputes & Litigation team represents the ordinary shareholders in a number of large disputes brought by preference shareholders and managers for this aviation business, that have arisen following the collapse of the Allco group of companies. The proceedings have been conducted in the Supreme and Federal Courts (and their respective appellate jurisdictions), and involve significant questions concerning shareholder rights, amending corporate constitutions, and allegations of breaches of directors’ duties and misleading and deceptive conduct.
Financial Institutions - Acted for a leading financial institution defending allegations of multiple cheque conversion, which was successfully settled. Also acted for bank officers during a number of ASIC investigations.
Government - Represented a variety of State and Federal Government clients on a wide variety of disputes; including Austrade, NSW Maritime, Sydney Ferries, State Rail and the Port Kembla Port Authority.
WorkCover - Worked on prosecutions in both the NSW Chief Industrial Magistrate’s Court and the Industrial Relations Commission generally in relation to breaches of numerous provisions of the NSW Occupational Health and Safety Act and Regulations by both companies, their directors and managers.
Comcare - acted for Comcare in prosecutions (i.e., civil penalty proceedings) under the Occupational Health and Safety Act 1991. Our Disputes & Litigation team has acted on many of the leading decisions made by the Federal Court of Australia and the Australian Industrial Relations Commission, including Comcare v Post Logistics Australasia Pty Ltd [2008] FCA 1987.