Adrian has been involved in litigation across a wide range of matters, including corporate and personal insolvency, banking and finance litigation, property and contractual disputes.
Adrian has broad experience in litigation and enforcement matters before all Victorian Courts, other State Courts, the Federal Court and Federal Circuit Court of Australia, and VCAT.
Adrian’s clients include corporate insolvency (including receivers, administrators and liquidators) and personal insolvency practitioners (bankruptcy trustees).
He is a member of the Victorian insolvency and reconstruction CPA discussion group.
- Recovering numerous voidable transaction claims (including unfair preferences, uncommercial transactions, unreasonable director-related transactions and unfair loans) for an insolvency practitioner.
- Acting in various court applications and proceedings arising in the insolvency context, including:
- prevention of the deregistration of a substantial mining company to preserve future mining royalties;
- extension of time for liquidator to bring voidable transaction claims;
- retention of title claims and PPSA claims;
- insolvent trading claims against directors and holding companies;
- examinations of directors and others pursuant to sections 596A & B of the Corporations Act 2001 (Cth);
- defence of applications to set aside creditors’ statutory demands;
- defence of unfair preference claims; and
- resistance of appointment of a receiver by purported charge holder.
- Acting for controlling trustees in defending action to set aside a personal insolvency agreement.
- Acting for bankruptcy trustees in the Federal Circuit Court in relation to property matters, including those arising pursuant to the Family Law Act 1975 (Cth).
- Acting for bankruptcy trustees in relation to matters arising by reference to the Farm Debt Mediation Act 1994 (NSW).
- Acting for bankruptcy trustees to recover transfers of property made by bankrupts to defeat creditors and preferences.
- Making applications to set aside bankruptcy notices.
- Conducting litigation for many banks and finance companies (including ASX-listed), which included secured and unsecured recovery actions for personal loans, leasing, lines of credit, overdrafts, and credit cards.
- Advising on a wide variety of property matters, including commercial leasing disputes (from enforcement of leases to lockouts), adverse possession claims, constructive trust over property, mediations, and VCAT proceedings.
Thinking | 10 Jul 2019