Invigor Group Limited (Executive Termination) (2015) NSWSC

For Invigor Group Ltd, an ASX listed company, instructed by Minter Ellison, Melbourne & Sydney, in hearing of application for injunctive relief by terminated executive directors, involving continuous disclosure issues (Cohen v Invigor Group Ltd (2015) NSWSC, Black J). 

National Australia Bank (Wealth Management)

For National Australia Bank financial planner, instructed by Corrs Melbourne, in Victorian Supreme Court proceedings by high net-worth investors re financial product advice concerning structured products portfolio.

Matter settled just prior to 2 week hearing.

Australian Water Holdings (minority shareholder claim defence)

For Senator the Hon. Arthur Sinodinos AO, instructed by Arnold Bloch Leibler, in Federal Court proceedings by minority shareholders against company and directors.

Applicants discontinued their claim against Sen. Sinodinos just prior to Court ordering the Applicants provide security for the Respondents' costs: [2015] FCA 931 (Katzmann J).

Westpac Banking Corporation (FOS jurisdiction)

For Westpac Bank, instructed by Gadens, in claim on $9 million commercial bill facility. Proceedings raised issue as to role and jurisdiction of Financial Ombudsman Service (Westpac v Nitopi (2015) NSWSC)

ASIC Banning Hearing for unlicensed discretionary trading

For Macquarie Equities options trader in ASIC investigation and banning hearing for contraventions of the Corporations Act 2001 (Cth) for unlicensed discretionary options trading and falsification of records.

ASIC Media Release 

Leda Holdings v Securcorp (Mortgage Income Scheme)

For Securcorp Ltd the responsible entity of mortgage income scheme and its Chief Executive Officer in defence of $11.4m claim for damages, and equitable and other compensation. 

Proceedings had been successfully transferred from NSW to Queensland - [2013] FCA 1364. 

Case settled at 3 week trial in March 2015.

Energy Industries Superannuation Scheme (application for listing on FWC Default Super List)

For the Trustee of the Energy Industries Superannuation Scheme in application for the listing of its MySuper product on the Default Superannuation List in accordance with section 156C of the Fair Work Act 2009.

Written submission in support of application to Fair Work Commission as part of its 4 yearly review of default fund terms of modern awards.

Australian Mortgage & Finance Co v Rome Euro Windows

Meriton Group related dispute between shareholders of window manufacturing company.

Successfully obtained interim freezing orders & asset disclosure orders (Sackar J and Ball J) and leave to bring statutory derivative action pursuant to s 237 of the Corporations Act 2001 (Cth):  [2014] NSWSC 996 (Black J).  Matter settled following mediation.

Broadcast Operations Group ats Adobe & Microsoft

For the Super Radio Network of 25 companies operated by the Broadcast Operations Group in software licence copyright dispute.

Adobe Systems Inc & Microsoft Corp v Western Broadcasters Pty Ltd & 5 Ors (2013) FCA (Foster J) (principal proceedings, which subsequently settled at mediation)

Adobe Systems Inc & Microsoft Corp v 2GF AM Radio Pty Ltd & 24 Ors (2013) FCA  (Jagot J) (successfully defended application for preliminary discovery against other 23 companies in group)

Prime Media Group & Seven Network

For Prime Media Group re various issues (resolved), instructed by Ashurst.

Class Action - MFS (Octaviar)

For Mr Michael King, founder & former Chairman of MFS Ltd (now known as Octaviar) in defence of class action claim of $423 million for alleged breaches of Corporations Act 2001 (Cth), ss 208, 601EA, 601FC, 601FD, 601HA, 601HG.

Approval of compromise: Mercedes Holdings Pty Limited v Waters (No 6) [2012] FCA 1412 (Jacobsen J)

Independent Commission Against Corruption - Operation Vesta (Sydney Harbour Foreshore Authority)

investigation into alleged corrupt conduct concerning property leases and improper influence of Sydney Harbour Foreshore Authority (SHFA) officer, before ICAC Commissioner the Hon. David Ipp QC, former Supreme Court of New South Wales Judge of Appeal.

Media Coverage.

Independent Commission Against Corruption Report - Operation Vesta

Re Nevada (Company Title Scheme Redevelopment)

For board of company title scheme in defence of challenge to redevelopment levy struck by directors and whether proposed redevelopment of building impermissibly varied owners’ class rights pursuant to Part 2F.2 of the Corporations Act 2001 (Cth).

Re Nevada Pty Limited [2011] NSWSC 1499 (Ball J)

Merrimac Heights (Community Title Scheme Management Rights)

For body corporate of community title scheme on Gold Coast of Queensland, in management rights dispute in the Supreme Court of Queensland before Justice Phillip McMurdo.

Henderson & Anor v The Body Corporate for Merrimac Heights [2011] QSC 336

ASIC intervention in One.Tel Insurance Recovery Action

For the Australian Securities & Investments Commission intervening in the One.Tel insurance recovery action in the Supreme Court of NSW before Justice Hammerschlag, instructed direct.

"I'm a Celebrity - Get Me Out of Here" (RSPCA Prosecution)

For Granada Productions & ITV Plc in re RSPCA investigation and prosecution for alleged animal cruelty involving killing and eating of a rat in the production of a television program "I'm a Celebrity - Get Me Out of Here" in the Murwillimbah hinterland, instructed direct.

Media coverage