Practices

Hector is a Partner in the Hall & Wilcox Commercial Dispute Resolution team based in Perth. Hector has been practicing in commercial dispute resolution and the area of insolvency since 1997.

He has acted for company directors, creditors and insolvency practitioners in various court proceedings in a number of jurisdictions regarding the winding up, voluntary administration and receivership of companies. He has also acted for creditors in various bankruptcy proceedings and advised trustees in bankruptcy regarding issues that arose during the administration of various bankrupt estates. He has acted for insolvency practitioners generally in matters arising under chapter 5 of the Corporations Act 2001; directors in relation to enquiries and examinations by ASIC; construction companies in relation to construction disputes; and shareholders in shareholder disputes.

In addition to his Corporations Act 2001 and insolvency experience, he is also experienced in general commercial dispute resolution and advisory matters which includes acting for high net worth individuals, SME corporations and finance companies in a range of commercial dealings including joint ventures, contracts for the sale of commercial property and mining tenements, intellectual property and corporate disputes, applications for judicial review and appeals against administrative decision makers and prosecutions.

He regularly appears as counsel in the WA State Courts and Federal jurisdiction.

Experience

  • Acting in relation to disputes involving the Australian Consumer Law, predominantly for the supplier and to a lesser extent the consumer.
  • Acting for landlords in relation to issues arising of the insolvency of retail tenants and disputes between landlords and retail tenants.
  • Acting for financiers, suppliers or liquidators of corporations, in relation to issues arising under the Personal Property Securities Act 2019
  • Acting for the administrator of a large construction company who was in a dispute with the developer and builder of the new ASIO headquarters in Canberra. The claim by the administrator involved recovery of money in relation to a landscaping contract, the value of which exceeded $15 million, excluding variations.
  • Acting for the liquidator of an insolvent construction company who had significant claims against an electricity provider in Western Australia.
  • Acting for the receivers and managers of a large shopping mall and apartment development group in a long running dispute in the Supreme Court of Western Australia in which various claims for breaches of officers’ duties were made and damages in excess of $200 million were made.
  • Conducting investigations into the conduct of a company director, accountant and relatives of director in relation to transferring assets of an insolvent company to related parties and or related entities for no consideration or consideration which is negligible; removing substantial loan accounts from the financial records of an insolvent company; and acted as counsel in examinations under the Corporations Act of a number of parties involved in the subject investigations. After the examinations, legal action against the director, accountant and advisor was not needed.

Awards and recognition

The Legal 500 Asia Pacific 2021
Recommended – Dispute Resolution

Latest thinking

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In the last of our series of articles on the avenues for small to medium businesses to deal with their overdue tax debts, we look at illegal phoenix activity.