 Partner
BA, University of Queensland 1979
LLB, (Hons) University of Queensland 1982
Accredited Mediator
Ph: 61 7 3292 9723
Email:
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Areas of practice
Commercial disputes
Building and engineering disputes
Employment and corporate governance disputes
Professional negligence claims
Experience
Bill has over 20 years experience in managing litigation and resolution of commercial disputes. An accredited mediator, he has acted for a broad spectrum of clients from individuals to large corporations and in a wide range of jurisdictions including Supreme Court and Federal Court jurisdictions, the Industrial Relations Commission and various tribunals.
Bill has the experience and ability to advise on all technical and practical aspects of commercial litigation and dispute resolution including the appropriate forum or jurisdiction, tactical considerations in interlocutory applications, document control, approaches to minimise litigation costs, settlement negotiations and mediation.
Insolvency and debt recovery
- Acting in insolvency actions including disputes over retention of title clauses and constructive trusts
- Acting for private financiers recovering losses incurred under private mortgage schemes
- Acting for liquidators of Farrow Mortgage Group, the Bank of New Zealand Australia and other credit providers in recovery actions against borrowers involving loan agreements, exercising the power of sale and defending allegations under the Trade Practices Act
- Acting for borrowers defending claims by banks and financiers and restraining the exercise of power of sale.
Commercial disputes and claims
- Representing a national distributor in the Federal Court in defence of its termination of an $8 million per year agreement with a state distributor. Sought relief under the Trade Practices Act and successfully negotiated a settlement.
- Acting for national franchisor managing disputes with franchisees and related issues under the Trade Practices Act
- Acting for developers of high rise residential apartments in numerous disputes involving the sale of units off the plan and claims of misleading and deceptive conduct under the Trade Practices Act.
- Acting in property disputes involving sale of land contracts and leases of commercial and retail property.
- Acting for bodies corporate and owners in disputes under the Body Corporate and Community Management Act.
- Acting for majority shareholders in dispute between shareholders in a foreign owned pastoral company
- Acting in long running dispute between stakeholders in a national valuation business regarding territorial and mining rights
Building and engineering disputes
- Acting for consulting engineers in a wide ranging dispute in New Zealand, involving contractual and professional negligence claims in connection with the Rotowaro Coal Handling Facility
- Acting for consulting engineers in a dispute relating to the construction of the Osborne Co-Generation Plant in South Australia
- Acting for a major property developer in a Supreme Court action involving an engineering dispute over the design and construction of flood mitigation structures
- Acting for Australia Post in advising in respect of engineering contracts and disputes.
Corporate governance and employment law
- Successfully representing a Director and senior employee from a major mining company in a 12-week Supreme Court trial concerning allegations of breaches of fiduciary duties under the Corporations Law in the mining industry.
- Acting for two independent directors of a major agricultural company in a Supreme Court trial, defending oppressive action from a group of minority shareholders against the majority shareholders and indirectly, the directors.
- Acting for employers seeking to enforce restraint of trade and confidentiality provisions of employment contracts
- Acting for employers and employees both in the civil courts and the Industrial Relations Commissions on termination issues including redundancy, unfair dismissals and fixed term contracts.
- Acting in Federal Court action regarding interpretation of law and rules governing elections by an industrial organisation.
Professional negligence claims:
- Acting for a professional indemnity insurer defending claims for professional negligence against solicitors
- Managing the conduct of litigation of over 100 private investors against legal advisors and valuers, recovering losses in excess of $7 million incurred in private mortgage lending funds.
Professional memberships and appointments:
Industrial Relations Society
Law Council of Australia (Industrial Relations Section)
Queensland Law Society
Queensland Law Society Practice & Procedure Committee
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Bill Hickey