Disputes in the banking and financial services sector regularly bring together a complex set of legal and commercial issues.
Strategic advice sought at the outset can be invaluable when considering how to manage risk and the most effective way forward on any matter. Hall & Wilcox has a team experienced in this area, who work to devise a strategy for each dispute which takes into account the risks and rewards of any action.
We are able to draw on expertise in finance and banking law, financial regulation, insolvency, regulatory issues as well as litigation to bring together a team of experts to advise on all areas aspects of a dispute.
- Representing the non-executive directors of Banksia Securities Limited in relation to a class action filed on behalf of debenture holders, as well as an ASIC investigation and public examination hearings commenced by the receivers and managers.
- Successfully representing Bank of Cyprus Australia in Federal Court and then Supreme Court proceedings in significant recovery proceedings.
- Successfully representing a major bank in connection with the recovery of a business debt of more than $2 million secured by several residential and commercial properties in two states, joint and several guarantees and cross-guarantees and registered charges given by three associated entities.
- Acting for Bendigo and Adelaide Bank in defence of $2.4 million Supreme Court of Victoria proceedings commenced by McDonald’s Australia, involving contract breach and property/leasing issues.
Litigation & Dispute Resolution| 30 Nov 2021
In a recent decision, the Federal Court of Australia has, for the first time, made orders blocking access to online websites which promote cheating in the higher education sector under the TEQSA Act.
Litigation & Dispute Resolution| 13 Sep 2021
ASIC has now published its updated and final guidance on the new breach reporting regime for AFS and credit licensees that will apply from 1 October 2021.
Litigation & Dispute Resolution| 09 Sep 2021
On the hook via Facebook: High Court upholds potential liability for the defamatory comments of strangers
The High Court has confirmed that parties who create a Facebook page are potentially liable for defamatory comments posted to that page by third parties as if they themselves were the publisher.
Litigation & Dispute Resolution| 30 Aug 2021
In this update, we explore the changes that financial services businesses can expect to see in ASIC’s approach to exercising its investigative and enforcement functions and powers.