Macrossans Lawyers Brisbane law firm

Partner

LLB, Queensland University of Technology 1986
Certified Practitioner High Court of Australia 1987

Ph: 61 7 3292 9715
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Areas of practice

•  Building and construction disputes
  - BCIPA claims
  - Subcontractors' charges
  - Contractual disputes
• Insolvency/recoveries
  - Mortgagee recoveries
  - Corporate insolvency
  - Bankruptcy
• Commercial litigation
  - Injunctions
  - Director/shareholder disputes
  - Trace practices disputes
• Insurance
  - Local government/public liability
  - Plaintiff/defendant personal injury
  - Professional indemnity insurance  

Experience

Tony has over 20 years experience in commercial litigation and debt recovery. His expertise includes Supreme Court, Federal Court, District Court and Magistrate Court proceedings.

His bankruptcy and insolvency litigation experience spans more than 10 years, assisting clients to successfully prove insolvency, seek recoveries, restructure companies and wind down businesses. Tony also specialises in professional indemnity claims and all levels of the litigation process, including appeals and injunctions, and provides tactical and strategic advice in relation to anticipated and existing litigation. 

Engineering and construction

• Representing claimants and respondents under the Building and Construction Industry Payments Act - 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 engaging of alternate contractors.
• Acting for St Hilliers Constructions Pty Ltd in recovery actions of a contractual nature, including construction, litigation, insurance litigation and Trade Practices litigation
• Acting in commercial building dispute - Weipa North Queensland Bauxite Mine
• Acting in administrative appeals and appeals as to valuation under the Mining Act 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

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 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
• All aspects of recovery action for banks and borrowers including:
  - Applications for possession of land and for appointment of receivers
  - Obtaining judgment for monies owing under loan agreements and guarantees
  - Defending claims by borrowers in respect of exercise of power of sale
  - Defended borrowers in claims by banks/financiers and restrained exercise of power of sale.

Insurance

• Acting for insurer in claims arising from an accident at a major sporting event 
• Acting for injured persons and insurers in public liability and motor vehicle claims
• Acting for WorkCover Queensland in common law claims
• Acting for Queensland Local Government Mutual Liability Pool in respect of public liability claims.

Professional memberships and appointments

Queensland Law Society
Australian Insurance Law Association

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.