Neil has extensive expertise in commercial and corporate dispute resolution and litigation, including asset and debt recovery, shareholder disputes, breaches of director and fiduciary duties, contractual disputes, property disputes, misuse of confidential information and seeking Court orders under the Corporations Act 2001 (Cth). Neil focuses on understanding his clients’ commercial objectives and providing strategic advice to effectively manage and resolve disputes commercially and efficiently, and has experience conducting litigation in the County Court of Victoria, Supreme Court of Victoria and Federal Court of Australia, among other jurisdictions.
Neil also specialises in insolvency and restructuring acting for insolvency practitioners, directors, financiers and other creditors on all aspects of external administration, restructuring and financial distress. Neil also has considerable experience acting for liquidators in public examinations, asset recovery and insolvent transaction claims and directors, creditors and others defending liquidator recovery actions and claims.
Expertise
Experience
- Voluntary administrators Advising voluntary administrators, directors, secured and unsecured creditors and other stakeholders on all aspects of voluntary administrations and restructuring via Deed of Company Arrangement in relation to voluntary administration of companies in the food, retail, manufacturing, construction, property, professional services and technology industries.
- Liquidators Assisting in various recovery claims, proceedings and investigations including unfair preferences, uncommercial transactions, unreasonable director related transactions, insolvent trading, breach of director’s duties, tracing and freezing orders, and public examinations. Also, advising directors, creditors and others defending liquidator recovery claims and actions.
- Directors Advisng directors dealing with financial distress in relation to insolvency and restructuring processes and options, including providing advice on insolvent trading and safe harbour.
- Public company director Defending prosecution of charges for ‘insider trading’ under the Corporations Act 2001 (Cth) and subsequent civil penalty proceedings under the Proceeds of Crime Act 2002 (Cth).
- Private equity fund Assisting in a $7 million claim in the Federal Court of Australia for breach of warranties under a share sale agreement and defending a cross claim alleging shareholder oppression under the Corporations Act 2001 (Cth).
- Professional services partnership Assisting in a $17 million claim against a former partner for breach of fiduciary duties.
- Property developer Defending a Supreme Court of Victoria proceeding concerning alleged breaches of director’s duties, fiduciary duties and contract seeking complex constructive trust and tracing claims in relation to various properties subject of joint venture.
- Casino Advising in relation to enforcement investigation by AUSTRAC for alleged breaches of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).
