Areas of Expertise

Litigation & Dispute Resolution, Restructuring & Insolvency, Insurance

John is an experienced commercial disputes and professional indemnity insurance lawyer. He specialises in corporate and personal insolvency, shareholder disputes and the defence of negligence claims against professionals.

John advises insolvency practitioners, business owners and directors, banks, non-bank lenders and the Commonwealth Government.

What others say

"Leading/Recommended lawyer, Commercial Litigation, Dispute Resolution & Insolvency"
Doyle’s Guide 2016-2023
"Best Lawyer, Commercial law"
Best Lawyers Peer Review 2019 - 2022

Experience

Funds recovery

Acting for the liquidator of a group of companies to recover funds diverted to related parties located overseas. The proceedings, which were commenced in Australia and in foreign jurisdictions, involved alleged breaches of directors’ duties and the recovery of company property.

Bankruptcy claim

Acting for a trustee in bankruptcy in defence of a claim made against real property that had vested in the bankrupt estate. If successful, the claim would have prevented the bankrupt’s creditors from receiving a dividend from the bankrupt estate. The litigation required consideration of constructive trusts, resulting trusts, the presumption of advancement, and relatively complex evidentiary issues. The proceeding was resolved in the trustee’s favour. Consequently, there are sufficient funds in the bankrupt estate to pay a dividend to creditors.

Shareholder litigation

Acting for a group of Australian and overseas companies defending shareholder litigation in the Federal Court of Australia. The amount in dispute exceeds $20 million.

Property developer liquidation

Acting for the liquidator appointed to a group of companies engaged in property development. The liquidator’s claims include the recovery of company property via the Corporation Act's antecedent transaction provisions.

Priority scheme application

Acted for the Commonwealth in several proceedings brought against liquidators and receivers who had been appointed under circulating security interests. The proceedings involved the correct application of the priority scheme prescribed by the Corporations Act 2001, particularly as it related to the priority afforded to the Commonwealth in relation to employee entitlements. Each proceeding was begun in either the Federal Court of Australia or the Supreme Court of the relevant State or Territory.

Indemnity insurance

Acting for legal practitioners and their professional indemnity insurer in defence of negligence and breach of contract claims made by former clients. The claims involve allegations against practitioners who practise in property law, general commercial disputes, historical institutional abuse, and family law.