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Partner
LLB, Queensland University of Technology 1986
Certified Practitioner High Court of Australia 1987
Ph: 61 7 3292 9715
Email:
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Areas of practice
Building and Construction Disputes
Insurance
Commercial Litigation
Insolvency/Recoveries
Experience
Tony has over 20 years experience advising clients in dispute situations.
Tony advises corporate, commercial and government clients in the construction and engineering, insurance, property, professional services, medical and allied health sectors.
Engineering and construction
- Representing claimants and respondents under the Building and Construction Industry Payments Act 2004 (Q). Advising in respect of claims under the Act and presenting client seminars regarding the legislation and cases in NSW and QLD.
- Acting for major concreting contractor against Multiplex and making urgent injunction applications to restrain the engagement of alternate contractors.
- Acting for national construction group in recovery actions of a contractual nature, including construction, litigation, insurance litigation and Trade Practices litigation
- Acting in commercial building dispute in relation to the Weipa Far North Queensland Bauxite Mine
- Acting in administrative appeals and appeals as to valuation under the Mineral Resources Act 1989 (Q) to Land Resources Tribunal.
Commercial disputes
- Acting in a company dispute involving arbitration proceedings within the tyre industry - defending claims for oppression before the Supreme Court
- Settled a joint venture dispute involving New Zealand medical practices and associated transactions within Australia
- Acting in the defence of charges of fraud brought by the Australian Securities and Investment Corporation (ASIC) within the financial planning industry including representation before enquiries at ASIC and before the District Court
- Advised both franchisees and franchisors in the allied medical area and within the food industry and representing parties in disputes before the District and Supreme Courts within the franchising area
- Acting for businesses in the funeral industry, food industry and business machines industry advising on litigation under the Trade Practices Act 1974.
Property
- Advising at auction and acted in protracted sale of shopping centre in the St. Lucia area
- Land resumption cases and applications before the Land Court with regard to various land resumptions within the funeral industry and others
- Acting in body corporate disputes involving the Body Corporate and Community Management Act 1997 (Q) both before the Commissioner and the Supreme Court
Recoveries and insolvency
- Large scale Supreme Court and Federal Court litigation from recovery through to bankruptcy and winding up
- Recovering losses for private and commercial mortgagees in the Supreme and Federal Court, including acting for mortgagee of Laguna Quays in a recovery action against Japanese Guarantors - final resolution
- Acting for mortgagees seeking recovery from defaulting mortgagors/subsequently pursuing negligence actions against professional advisors including valuers, solicitors and others
- Disputes over retention of title clauses and constructive trusts
- Representing the liquidator in a number of recovery actions in the liquidation of the Farrow Mortgage Group
- Debt recovery for various corporations including Kemps Mercantile Agency, Prushka Fast Debt Recovery and a subsidiary of BHP Limited and its associated finance company.
Insurance
- Acted for mortgagees seeking recovery from defaulting mortgagors/subsequently pursuing negligence actions against professional advisors - valuers, solicitors and others.
- Acting for self insurered telecommunications company in claims for damages incurred during various construction and maintenance projects.
- Also, advised in defending personal injuries claims for telecommunications company.
- Resisted claims against directors of a commercial tyre company in the Supreme Court and defended in arbitration against all directors and shareholders. Represented the client successfully in ongoing litigation and related litigation matters over the next three years.
- Acted in dental negligence claims involving a specialist endodontic care and general dentistry.
- Advising on professional indemnity matters arising from negligence claims against construction consultants.
- Acted for marine insurers in relation to death, injury and collisions at sea.
- Acted for Queensland local government insurer with respect to public liability claims.
- Acting for insurer in claims arising from an accident at a major sporting event
- Acting in public liability and motor vehicle claims
- Acting for WorkCover Queensland in common law claims.
Professional memberships and appointments
Queensland Law Society
Australian Insurance Law Association
Building Dispute Practitoners' Society
Papers and presentations
Mortgagees Power of Sale & Fraud for Television Education Network, March 2008
Obtaining Advantageous Cost Orders for Australian Tax Office, April 2007
Various inhouse presentations relating to changes to the Subcontractors' Charges Act 1974, Building and Construction Industry Payments Act 2004 and the Queensland Building Services Authority Act 1991.
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