23 December 2015

Secured creditors and unfair preference claims – appeal allowed from Tap Inn decision

On 1 December 2015, we wrote about the decision of His Honour Judge Chivell of the District Court of South Australia in Matthews v The Tap Inn Pty Ltd [2015] SADC 108. At the time we noted that the decision was subject to appeal, which has now been determined by the Full Court of the Supreme Court of South Australia in The Tap Inn Pty Ltd v Matthews [2015] SASCFC 188.

At first instance His Honour Judge Chivell determined as a preliminary question (meaning prior to a trial without making findings in relation to disputed facts) that when determining the value of a creditor’s security for the purpose of an unfair preference claim and section 588FA(2) of the Corporations Act, the time to assess the value of the security is the date of the winding up of the debtor company, and not at the time each payment is  received.

The consequence of this interpretation is that a creditor that holds security of a value that exceeds the amount of each challenged payment at the time the payment is made will be exposed to an unfair preference claim if, at the time of the winding up, it does not have security of a value to match the payments received in the relevant six month period. The creditor will then be left to raise a defence, such as good faith and no grounds for suspecting insolvency.

In determining the appeal, Gray J (with Sulan and Peek JJ agreeing) found that the question of the time for assessing the value of the security should not have been determined as a preliminary ‘hypothetical’ question and should only have been determined after a trial and findings in relation to disputed facts. The Full Court found that the question may never arise depending on the facts determined at trial. The appeal was allowed and the answer to the preliminary question was set aside.

There were few clues given to practitioners by the Full Court as to its views regarding the time for assessing the value of security as the Full Court was reluctant to consider the issue as a hypothetical.

Accordingly, there is currently no undisturbed judgment in relation to this issue, and practitioners will need to wait for a decision on this issue from a superior court for some certainty to be obtained.

Contact

  • Fluent in Spanish - Conversational

Tony has been the Hall & Wilcox Managing Partner since 2007. He is well recognised in the legal sector and has led the firm through a period of substantial growth and success.

More about Tony

'"Stand out" Rachael Arnold is recommended for public and product liability claims.' – The Legal 500 Asia Pacific 2017

More about Rachael

Jane has been a practising solicitor for over 20 years specialising in Real Estate law with a focus on leasing in the commercial, retail, industrial, education and government sectors in all Australian jurisdictions...

More about Jane

Alison has close to 18 years’ experience in a wide-ranging employment practice, advising private sector and public sector clients on all aspects of employment, industrial relations and human resources law, and work health and safety law...

More about Alison

Natalie has close to 20 years’ experience in property, planning and environment law and has been recognised as a leading Australian lawyer in this area in Doyle's Guide to the Australian Legal Profession...

More about Natalie
  • Fluent in French - Conversational

In the corporate space, Jacqui regularly advises and assists client with mergers and acquisitions, corporate structuring, corporate compliance and governance, capital raisings and managed investment schemes.

More about Jacqui

Paul has over 20 years' experience in insurance and commercial litigation. In particular his practice focuses on personal injury and property liability claims under common law and statutory schemes as well as marine and transport industry litigation.

More about Paul

Anthony is a highly regarded tax practitioner with over 20 years’ experience. He has particular expertise in taxation planning and structuring for corporate clients, including advising on capital raisings, business structuring, mergers and acquisitions, and disputes with Federal and state taxation authorities.

More about Anthony

Angela has significant experience in workers’ compensation, product liability and public liability matters...

More about Angela
  • Fluent in French - Conversational | German - Conversational

Chris Brown is a commercial lawyer with 20 plus years’ experience in corporate transactions and advice.

More about Christopher

Fay has acted for employers for over 17 years across a range of industries including professional services, recruitment, finance, entertainment, FMCG & general manufacturing, sport, health, aged care, community services and local councils focused always on the purpose and imperatives of the organisations she is servicing.

More about Fay

Liam is an accomplished and determined litigator with an excellent eye for detail and an exceptional track record in obtaining successful outcomes for his insurer clients.

More about Liam

Drew has over 20 years’ experience as an insurance and commercial litigation lawyer. His area of focus has been the defence of professional negligence claims, directors' and officers' claims and medical malpractice.

More about Drew
    Fluent in Chinese | Mandarin - conversational

Eugene specialises in capital raising, funds management, financial services licensing and anti-money laundering law.

More about Eugene

Deborah has extensive experience across a broad range of commercial transactions, including mergers and acquisitions, equity capital markets and other corporate transactions...

More about Deborah

With over 25 years of corporate, commercial and regulatory experience, Alison has specialised in advising clients in the health, aged care, disability, life sciences and community sectors...

More about Alison
  • Fluent in Greek - conversational

Anastasia’s practice focuses on personal injury litigation management and administrative law. Anastasia focuses on achieving quality outcomes for her clients in worker’s compensation matters, including statutory benefits and common law claims under the Accident Compensation Act 1985 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).

More about Anastasia

Matthew Curll is one of the top ‘go-to’ people for Australian insurance law matters – both coverage and defence...

More about Matthew

James has experience in a broad range of commercial and intellectual property matters, including intellectual property commercialisation, agreements and licensing, trade mark registrability and infringement issues.

More about James

Aaron has extensive employment and industrial relations law experience working with clients across a range of industries.

More about Aaron

Mark specialises in the construction, energy and infrastructure sectors...

More about Mark

Maurice has more than 25 years’ experience delivering legal services for clients in both the private and public sector...

More about Maurice

Graydon acts on behalf of a number of national and overseas clients on large and complex commercial litigation matters and advises on all aspects of dispute resolution...

More about Graydon

Stephanie has over 15 years' experience in representing employers, insurers and self-insured corporations in the management and defence of a range of claims including intentional torts, property damage, pure economic loss and statutory classes of insurance...

More about Stephanie

Mark’s practice encompasses both litigious and non-litigious applications of employment and industrial relations law...

More about Mark

Maree acts for and advises insurers, employers and self-insurers and regularly appears in the District Court and at WorkCover WA...

More about Maree

Ana’s practice focuses on the litigation of common law and statutory benefits claims brought pursuant to Victorian workers’ compensation legislation...

More about Ana

Grant has more than 25 years' experience advising on catastrophic and major claims in the areas of CTP and general liability, which often involve complex liability, medical, causation and quantum issues...

More about Grant

Heather advises on all regulatory, compliance, investment, tax and contractual issues, as well as acting in connection with disputes, regulator actions, product development, fund mergers and restructurings, and other transactions...

More about Heather

Kylie is a senior practitioner with extensive experience in advising both government and non-government clients across all areas of employment, workplace relations, discrimination and health and safety law...

More about Kylie

Ben has a range of experience in intellectual property, technology, and commercial matters...

More about Ben
  • Fluent in Greek - conversational

Frank advises his clients on direct taxes, international structuring and taxation, business transactions, corporate restructuring, taxation disputes and the not-for-profit sector...

More about Frank

Kathryn specialises in resolving disputes, and works collaboratively with her clients to provide the legal and strategic advice that best achieves their preferred outcome...

More about Kathryn

John has strong technical expertise in the property funds sector, having advised on real estate portfolio and corporate acquisitions, transactional activity for wholesale and retail unlisted funds and related regulatory, governance and compliance matters.

More about John
    Fluent in French - Conversational | German - Conversational

Mark has almost 20 years' experience acting for Australian and overseas financial institutions and borrowers in a broad range of finance transactions...

More about Mark
  • Fluent in German - Native speaker

Oliver is a corporate partner, whose practice focuses on mergers & acquisitions, corporate advisory, divestments, foreign investments and start-up capital raising.

More about Oliver

Zoe is a specialist insurance lawyer who manages complex and varied matters for a number of leading corporate insurers and Lloyd's of London syndicates.

More about Zoe

Wayne is a leading litigation and insolvency expert, with over 20 years' experience, specialising in large and complex commercial disputes in all jurisdictions, including commercial arbitrations.

More about Wayne

Nathan is an experienced insurance litigator with over 18 years' experience advising insurers on workers compensation, CTP and liability claims.

More about Nathan

Terry has over 25 years' insurance litigation experience, with his past 20 years focused predominantly on advising underwriters and self-insurers in the defence of damages claims for personal injuries, property damage and financial loss.

More about Terry

Stephen is a well-respected commercial litigation lawyer with almost 30 years’ experience. His area of specialisation is in corporate and commercial dispute resolution, with a particular focus on complex debt, consumer law, contract, corporations law, equity, real property and regulatory investigations.

More about Stephen

Stan has been providing legal services to Local Government in NSW since 1996 and practices primarily in the areas of Environment, Local Government and Planning Law, and is a leading trusted adviser to Local Government.

More about Stan

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.

More about Adrian

Anne is a leading superannuation and financial services lawyer with deep knowledge and understanding of the superannuation and financial services industry...

More about Anne

Gavin’s practice focuses on the specialist area of statutory recovery for worker’s compensation claims brought pursuant to the Accident Compensation Act 1985 (Vic) and Workplace Injury Rehabilitation and Compensation Act 2013 (Vic)...

More about Gavin
    Fluent in Italian - Conversational

Joe has more than 23 years' experience advising insurers on large and complex claims under CTP and statutory classes of insurance...

More about Joe

Matt has vast experience and expertise in public and product liability, professional indemnity, property, including recoveries, class actions and coverage disputes, and fraud...

More about Matt

Tom has extensive experience in acting for high net wealth families, private and public corporations and corporate trustees...

More about Tom

Jason’s practice focuses on personal injury litigation management and administrative law.

More about Jason

Liz’s practice focuses on common law and statutory benefits claims and issues under the Accident Compensation Act 1985 (Vic) and Workplace Injury Rehabilitation and Compensation Act 2013 (Vic)...

More about Liz

With over ten years' of experience, William helps clients to work through their succession planning goals and issues...

More about William

Simon is a highly experienced litigator, having practiced for over 25 years in the CTP, workers compensation, recovery and liability jurisdictions.

More about Simon

James has a broad range of both corporate and general commercial experience, particularly in the areas of equity capital markets, corporate advice, and public and private M&A...

More about James

Andrew’s practice includes workers compensation, work injury damages/common law, s151Z recoveries, builders warranty claims, workplace law and alternative dispute resolution.

More about Andrew

Peter is the section leader of the firm's Tax team. Peter has joined Hall & Wilcox in 2016 after nearly 30 years with KPMG where he was a Senior Tax Partner.

More about Peter

Matthew has over 18 years experience in insurance litigation and specialises in defending state statutory class and common law claims arising in the challenging Australian Capital Territory jurisdiction...

More about Matthew
  • Fluent in Hebrew -Conversational

Harry has represented a number of listed public companies, large private companies and government organisations...

More about Harry

Andrew provides advice on the application of a wide range of taxation.

More about Andrew

Paul is an experienced energy and resources lawyer, who specialises in the development of energy projects and acquisitions, energy trading and regulation, with a particular focus on renewable energy.

More about Paul

John advises principals in relation to the appropriate joint venture and development arrangements and regarding the appropriate delivery mechanism for construction projects.

More about John

Rory has over 10 years’ experience in planning and environmental law and was recognised in 2016 as a “Rising Star” in Planning and Environment, and again in 2018 as a Recommended Town Planning & Development Lawyer in the Doyle’s Guide to the Australian Legal Profession.

More about Rory

Leigh has significant experience and expertise in general insurance litigation acting for most major Australian insurers as well as a number of English insurers and underwriters.

More about Leigh

Michael’s practice focuses on tax disputes, capital gains tax, business sales and acquisitions and restructuring...

More about Michael

Ed’s practice covers private mergers and acquisitions, family business and private equity.

More about Ed

Mark specialises in corporate insolvency matters, commercial litigation and corporations law disputes, intellectual property and copyright litigation, and financial services disputes including securities enforcement...

More about Mark

Katrina practises principally in the areas of commercial law and property law and development.

More about Katrina

Martin practices commercial law with extensive experience in contracts and commercial litigation. Martin focuses on corporate, commercial, regulatory and private clients, with particular expertise in the sports and media sectors.

More about Martin

Karl advises his clients in adverse action claims at the Fair Work Commission, implementing and negotiating enterprise agreements, unfair dismissal claims, discrimination claims and contractual disputes.

More about Karl

Joel is an experienced and well-rounded insurance lawyer, who is always accessible to his clients and delivers prompt, pragmatic and comprehensive analysis and advice...

More about Joel

Nick has 19 years’ experience acting for Australian and international financiers and borrowers in corporate finance, acquisition finance, real estate finance and general finance across a range of sectors including financial services, property and  technology.

More about Nick

Rhett is the National Insurance Practice Head and is responsible for the driving and coordinating the strategy for the firm’s national insurance practice.

More about Rhett

Matthew joined Hall & Wilcox on 1 July 2017, after almost 30 years at Harris Wheeler, most recently as managing partner of the firm and supervising partner of the firm’s Commercial practice.

More about Matthew

Kelli has extensive experience in insurance, product liability, public liability and workers’ compensation having acted for more than 30 years on behalf of insurers (both domestic and international), corporations, government bodies and instrumentalities.

More about Kelli

Andrew practices in personal injury litigation on behalf of self insurers, employers, and WorkSafe Victoria and its agents, managing claims brought under the Accident Compensation Act 1985 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).

More about Andrew

Daniel is an experienced insurance lawyer with close to 20 years advising clients on insurance litigation...

More about Daniel

Ilona has more than 15 years’ experience with her practice focusing on both statutory and common law claims across both Victorian and Tasmanian workcover legislation

More about Ilona

Nicholas is a highly experienced lawyer who has concentrated on insurance law, particularly claims under the NSW statutory classes of insurance, for more than 20 years...

More about Nicholas

Joanna has extensive experience advising and representing employers, self-insurers, NSW workers' compensation managed fund scheme agents, treasury managed fund agents and the Workers' Compensation Nominal Insurer (icare).

More about Joanna

Jacob is a member of Hall & Wilcox’s commercial dispute resolution team, practising predominantly in general commercial litigation.

More about Jacob

Adrian’s financial services law practice covers superannuation, managed funds, insurance, and financial advice...

More about Adrian

Ahranee advises insurers and corporates in the defence of public and product liability claims, both personal injury and property damage, as well as policy advice...

More about Ahranee

Kitty advises on complex commercial, industrial and retail leases and licences, including pre-commitment documentation and long-term leasing arrangements...

More about Kitty

Anton practices in all areas of insurance with a focus on workers’ compensation, medical treatment and public/property liability.

More about Anton

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

More about Hector

James specialises in estate and succession planning for ultra-high and high net worth clients. He also has experience in estate and trust disputes including cross-border succession issues and conflicts, tax planning and related advice to trust structures for Australian and UK non-residents and probate and estate administration.

More about James

Emma has extensive experience in advising clients in estate planning and estate administration, trust establishment, and ongoing administration, trust estate disputes and structuring for succession of ownership and control of private and family businesses...

More about Emma

Noel advises his clients on commercial disputes and related matters including banking and finance, insolvency, the Competition and Consumer Act 2010 (Cth), ASIC and other regulatory issues.

More about Noel

John’s practice focuses on personal injury litigation management. He acts primarily for WorkSafe Victoria and is responsible for managing the delivery of quality common law and statutory benefits service and outcomes.

More about John

Andrew has more than 35 years’ experience in superannuation, trusts, estate and succession planning...

More about Andrew

Keith is a key figure in tax advisory, having been in significant roles within the profession for over 20 years...

More about Keith
  • Fluent in French - Conversational

Andrew has extensive experience in the provision of advice and conduct of litigation for insurers.

More about Andrew

Eileen's practice includes personal and business succession planning, probate and estate administration, trusts and self-managed superannuation funds and tax and related strategies related to estate and succession planning.

More about Eileen

In over 33 years in the profession, Steve has accumulated a wide range of skills and extensive experience in commercial law and in particular, in all aspects of real estate and property development.

More about Steve

Nikki is an experienced litigator who advises CTP insurers, with her practice focused on helping clients defend CTP and major claims.

More about Nikki

Melinda is an experienced insurance litigator who helps insurers resolve CTP claims involving complex liability and quantum issues.

More about Melinda

Emma is a specialist insurance lawyer. She has over 10 years’ experience in insurance litigation with a specific focus on professional indemnity and medical liability claims.

More about Emma
    Fluent in Arabic - Conversational

John has broad experience in financial services, funds management, blockchain, corporate and commercial law, with a particular emphasis on funds management related matters.

More about John

Vince Battaglia is an experienced funds management and financial services practitioner.  He has worked in global and national law firms, as well as at ASIC.

More about Vince

Melinda provides strategic and practical advice on a range of employment and industrial relations law issues...

More about Melinda

Bree has worked almost exclusively in Insurance and Risk since being admitted to the Supreme Court of Western Australia in 2004...

More about Bree
  • Fluent in French - Conversational

Matthew is a general commercial lawyer with more than 18 years’ experience covering a range of areas of practice including private M&A, general commercial and corporate transactions, projects and advisory work, family succession arrangements, non-contentious employment matters, property, contracts and governanc

More about Matthew
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Morbi vel viverra mauris, quis aliquet ipsum. Cras efficitur erat et purus bibendum, et bibendum nulla aliquet. More about David

Sauming is a specialist insurance lawyer with over 11 years’ civil litigation experience in personal injury and property damage.

More about Sauming

Rosena practices in insurance litigation: state compensation and liability claims (personal injury and property damage)...

More about Rosena

Michael is an experienced insurance litigator who helps insurers resolve CTP claims involving complex issues including liability issues, multi-defendant issues and detailed quantum assessments as well as relatives' claims.

More about Michael

David is a commercial litigator with extensive insolvency and reconstruction experience, and expertise in property disputes.

More about David

Nik advises on a broad range of property related transactions and disputes.  With over 17 years legal experience, he has acted for a variety of financial institutions, finance and investment companies, joint venture partners, property developers, private and public companies, government agencies and local councils.

More about Nik

Iona has experience in assisting clients with both litigious and non-litigious employment and workplace relations matters.

More about Iona

Lauren has extensive experience representing employers, insurers and self-insured entities in the management and defence of workers’ compensation claims.

More about Lauren

Jillian provides practical and commercially-minded advice to private and public sector employers on a wide range of labour and employment and privacy matters.

More about Jillian

With over 20 years’ experience in property law, Peter is one of the senior members of the firm's Property & Projects team...

More about Peter

Kirrilee has more than 15 years' legal experience and acts on behalf of insurers in relation to catastrophic and complex personal injury claims...

More about Kirrilee

With more than 20 years of legal experience, Vicky specialises in representing clients in a wide range of commercial disputes across Australia...

More about Vicky

Jim has over 10 years’ experience providing taxation advice on a broad range of corporate and trust tax matters, with a particular focus on the banking and finance, government and property and construction sectors.

More about Jim

Kristopher advises on all aspects of migration to Australia, with particular emphasis on employment-related migration...

More about Kristopher

Emily specialises in property and leasing law, acting for a variety of clients in property, real estate and leasing transactions...

More about Emily

Amber is an experienced insurance litigator who helps insurers resolve CTP claims involving complex liability issues, catastrophic injuries, multi-defendant issues and detailed quantum assessments as well as compensation to relative claims.

More about Amber

Scott advises on a wide variety of corporate and commercial disputes and insolvency matters. His clients include those in a range of industry sectors, including insolvency practitioners, energy and resources, commercial property, financial services and intellectual property and technology.

More about Scott

Carl is an experienced insurance litigator who helps insurers resolve CTP and major claims involving complex liability issues, dual insurance, detailed quantum assessments and fraud...

More about Carl

Rachel has over 15 years of experience advising on tax law and specialises in stamp duties, land tax and other tax issues in all Australian states and territories.

More about Rachel

Katherine is a commercial litigation specialist with a focus on insolvency, contract litigation, construction disputes and the Personal Property Securities Act 2009 (PPSA).

More about Katherine

Elisabeth advises her clients on commercial litigation, international arbitration, corporate insolvency, claims arising from contraventions of the Corporations Act 2001 (Cth), financial product disputes, tax litigation, business crime and fraud.

More about Elisabeth
  • Fluent in Spanish

Since arriving in Australia Albert has worked on various types of commercial disputes, for a range of clients including the Greater Building Society, Newcastle Airport, Port Stephens Council and various engineering companies based in Newcastle and the Hunter Valley.

More about Albert

Vanessa has worked in the area of insurance law, with a specific focus on workers compensation and personal injury insurance litigation since beginning her career as a paralegal in 1996...

More about Vanessa

Mark has more than 16 years’ experience in advising on construction and infrastructure projects. He has acted for public and private organisations on social infrastructure projects including housing, schools, hospitals, primary care facilities and specialist disability care homes.

More about Mark

Louise has provided advice in personal injuries law for over 20 years, to both plaintiffs and defendants...

More about Louise

Graeme has a broad practice in commercial dispute resolution, conducting small to complex litigation in the Supreme and Federal Courts, and mediation.

More about Graeme

Megan specialises in corporate litigation, bankruptcy and insolvency, shareholder disputes, partnership disputes, contractual disputes, breach of confidence and restraint of trade, banking matters, and Australian Consumer Law.

More about Megan

Rebecca has been working in the legal profession since 1998. Her practice has focussed on insurance litigation, predominantly workers’ compensation claims.

More about Rebecca

Tanya is an insurance specialist and an Accredited Specialist in personal injury.  For close to 20 years, she has worked with insurers and self-insured corporations to resolve CTP and public liability claims, including major claims.

More about Tanya

Conrad has a broad range of commercial experience, particularly in the areas of mergers and acquisitions, restructures and business succession, insolvency, and Corporations Act 2001 (Cth) compliance.

More about Conrad

Bettina is a highly experienced insurance lawyer who defends claims on behalf of domestic and international insurers and corporations...

More about Bettina

Sean has practised in insurance litigation since 1992, acting on behalf of defendant insurers and self insured across the CTP, workers compensation and public liability regimes...

More about Sean

Chris has 20 years of experience in health and medical law, delivering solutions to clients in the insurance and health sectors...

More about Chris

Lauren has over 12 years’ experience, specialising in insurance litigation and practicing in the areas of workers compensation, compulsory third party and public liability claims...

More about Lauren

Anna has 10 years’ experience practising in property and projects. She has particular expertise in managing large volumes of conveyancing work for developers.

More about Anna

Thomas is an experienced litigation lawyer with knowledge across a diverse range of litigation practice areas...

More about Thomas

Sam’s practice focuses on estate and succession planning...

More about Sam

Krisha has 19 years’ workers compensation and common law experience with a particular focus on section 151Z indemnity claims.

More about Krisha

Taleen has significant experience in insurance litigation and advice in workers’ compensation and public liability matters in Western Australia and the Northern Territory...

More about Taleen

Amy practices in insurance litigation and personal injury law.

More about Amy

Marisa’s practice focuses on common law and statutory benefits claims brought pursuant to the Accident Compensation Act 1985 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).

More about Marisa

Catherine is an experienced insurance lawyer who focuses on public liability and property damage claims.

More about Catherine
    Fluent in Italian - Conversational

Jacinta’s current practice includes direct and indirect taxes, business transactions, corporate restructuring, taxation disputes (including pre-audit, audit and litigation), the not-for-profit sector and trusts.

More about Jacinta

James has more than 8 years of experience working across a broad range of general commercial transactions and arrangements, including acting in mergers, acquisitions and restructures and drafting general commercial agreements.

More about James

David is an experienced employment and industrial relations lawyer. He acts for a range of local and global clients across a wide range of industries.

More about David

Glenn is an experienced litigator practicing predominately in commercial litigation with a focus on corporate and personal insolvency...

More about Glenn
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Morbi vel viverra mauris, quis aliquet ipsum. Cras efficitur erat et purus bibendum, et bibendum nulla aliquet. More about Candice

Barbara works with insurers on CTP and public liability insurance claims involving sensitive and complex matters, often involving multi-defendant and medical causation issues.

More about Barbara

Jessica’s practice concentrates on personal injury litigation management. Jessica focuses on achieving quality outcomes for her clients in worker’s compensation matters, including statutory benefits and common law claims under the Accident Compensation Act and the Workplace Injury Rehabilitation and Compensation Act...

More about Jessica

Ben has a broad knowledge across all disciplines of property, planning and construction and currently acts for clients in a wide range of matters in the firm’s Property & Projects practice.

More about Ben

Elise's practice focuses on common law and statutory benefits claims brought pursuant to the Accident Compensation Act 1985 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) and common law claims brought pursuant to the Transport Accident Act 1986 (Vic).

More about Elise
    Fluent in Bahasa Indonesia - Conversational

Anthony assists insurers to resolve CTP claims involving complex liability and quantum issues, fraud, catastrophic injuries, nervous shock, multi-defendant matters and administrative law challenges.

More about Anthony

Jane-Elise is an experienced insurance lawyer whose practise focuses on general liability. Her clients include international insurers and large self-insured corporations.

More about Jane-Elise

Adam is an experienced tax lawyer, and advises clients on a range of matters including tax planning and structuring, Division 7A, the small business CGT concessions, corporate restructuring, professional firm structures, trust taxation, the taxation of settlements and cryptocurrency taxation.

More about Adam
    Fluent in French - Conversational | German - Conversational

Elizabeth is a commercial litigation lawyer who specialises in corporate and commercial dispute resolution, with a particular focus on contractual disputes, consumer law, corporations and equity, real property disputes and insolvency.

More about Elizabeth

Jennifer has over 10 years’ experience in the insurance industry and has worked in both private practice and in house defending claims under the Personal Injuries Proceedings Act 2002 and the Workers Compensation and Rehabilitation Act 2003.

More about Jennifer

Natasha acts for a variety of professionals in the defence of professional negligence and other claims arising out of purely economic loss, property damage, defamation, and alleged breaches of the Australian Consumer Law.

More about Natasha

Felicity is an experienced energy and resources and corporate lawyer, who specialises in general corporate and commercial matters, rail, infrastructure and energy and resources...

More about Felicity

Catherine's expertise include compulsory third party (CTP) and public liability claims, including major claims, section 151z recovery matters and defendant insurance litigation.

More about Catherine
  • Fluent in Bahasa Indonesia - Conversational

Belinda’s practice focuses on the litigation of common law claims brought pursuant to the Transport Accident Act 1986 (Vic) and common law and statutory benefits claims brought pursuant to the Accident Compensation Act 1985 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).

More about Belinda
  • Fluent in French - Conversational

Alexandra has experience acting on behalf of and advising both public and private sector clients in a broad range of industries including in the tertiary education, apprenticeship training and retail sectors.

More about Alexandra

Sarah is an experienced employment and industrial relations lawyer.  Sarah acts for a range of local and global clients across a wide range of industries in both litigious and non-litigious employment and industrial relations matters.

More about Sarah
    Fluent in Macedonian

Diana specialises in personal injury law and insurance litigation.

More about Diana

Kate has close to 10 years' experience specialising in succession law including wills, testamentary and discretionary trusts, protective trusts, powers of attorney, appointments of guardian advanced health directives and probate and letters of administration.

More about Kate
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Morbi vel viverra mauris, quis aliquet ipsum. Cras efficitur erat et purus bibendum, et bibendum nulla aliquet. More about Joshua

Julian is an experienced senior litigator who has acted in high profile, complex and fiercely contested commercial litigation, public inquiries and investigations on behalf of companies, individuals (including members of parliament) and Government entities...

More about Julian

Sarah has over 10 years’ experience in workers’ compensation and personal injuries claims. She has worked predominately on workers’ compensation matters in Queensland and more recently in the Western Australian jurisdiction

More about Sarah

Terri is an experienced insurance and litigation lawyer who has defended claims on behalf of domestic and international insurers for a decade...

More about Terri

Katherine’s practice is predominantly in the area of general commercial dispute resolution and litigation and includes tax litigation and tax audit, contractual disputes, leasing disputes, restraint of trade injunctions, debt recovery, and insolvency and corporations matters.

More about Katherine

George has particular expertise in representing and advising insurers in relation to large scale litigation including class actions, indemnity disputes and insurance fraud claims, as well as public and product liability and professional indemnity claims.

More about George

William specialises in private M&A and general commercial transactions and provides strategic advice on acquisitions, restructures and exits...

More about William

Sheridan specialises in insurance litigation, with particular experience in complex claims and fraud...

More about Sheridan

Ben’s practice focuses on common law and statutory benefits claims brought pursuant to the Accident Compensation Act 1985 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).

More about Ben

Clare is passionate, practical and results-oriented employment lawyer who takes pride in providing commercially-minded advice, exceptional communication and effective problem-solving skills to all types of employment, industrial and safety issues.

More about Clare

Jennifer has significant experience in general insurance litigation. Her experience includes public and product liability, property damage and compulsory third party insurance...

More about Jennifer

Jamie is an experienced lawyer with her practice focusing primarily on CTP claims, in particular non-meritorious claims.

More about Jamie

Daniella’s practice focuses on common law and statutory benefit claims in all jurisdictions, where she continuously delivers quality results.

More about Daniella

Rachel is a tax lawyer specialising in direct taxes and tax disputes. Rachel’s areas of experience include advising on a variety of domestic and international tax laws...

More about Rachel

Kate has a broad practice, having experience in public and product liability, professional indemnity, fraud and policy interpretation...

More about Kate

Holly provides advice and acts on behalf of insurers in a variety of CTP claims including advising on complex quantum and liability issues and representing insurers in the Local and District Courts and the Claims Assessment and Resolution Service.

More about Holly

Mark has a broad range of experience in corporate and commercial practice areas, with a particular focus on the sports and media industries.

More about Mark
  • Fluent in Cantonese - Conversational | Mandarin - conversational

Joey’s practice focuses on property acquisitions and sales, property due diligence, contract negotiations, commercial leasing, and foreign investments.

More about Joey

Jeanette has over 10 years’ experience working in the Asia-Pacific region. She specialises in advising borrowers and financial institutions on bilateral and syndicated financing, as well as cross-border project financing.

More about Jeanette
    Fluent in Mandarin - conversational

Tina is experienced in defending public and product liability claims in New South Wales and Queensland on behalf of domestic and international insurers.

More about Tina

William is an experienced litigator with over 11 years’ experience in both Australia and overseas and currently practices in multiple Australian jurisdictions...

More about William

Stacey has over 6 years’ experience in workers’ compensation law. In addition to her workers’ compensation practice, Stacey has specialised expertise in common law, public liability and asbestos claims.

More about Stacey

David’s practice is predominantly in commercial litigation and insolvency...

More about David

Donna has approximately 20 years’ experience in alternative dispute resolution through her previous roles in the insurance and legal industry...

More about Donna

Bianca’s commercial dispute resolution and litigation practice extends to include acting for entities and individuals in contractual disputes, high quantum intellectual property disputes, breach of confidence and restraint of trade matters, shareholder oppression claims, partnership disputes, estate disputes and large equitable disputes.

More about Bianca

Nina has 11 years’ broad experience as a commercial lawyer with a specialty in intellectual property and information technology law, and related areas of practice including privacy, data security and competition law.

More about Nina

Amber has more than 12 years of experience in the legal insurance sphere, and has covered the field, working in State and Federal Government legal practices, private practice and in-house at WorkCover in 2011.

More about Amber

Hamish is a commercial dispute resolution lawyer. His experience extends to applications for urgent relief, appellate matters and defence of class actions.

More about Hamish
  • Fluent in Bahasa Malaysia - Conversational | Hokkien | Mandarin - conversational

Victoria’s practice focuses on the common law and statutory benefits claims brought pursuant to the Accident Compensation Act 1985 (Vic) and Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).

More about Victoria

With over fourteen years’ experience working in the NSW workers compensation area, Jenny is a highly skilled and proficient lawyer who defends statutory and common law workers compensation claims.

More about Jenny

Toniel’s practice focuses on general insurance advice and litigation. She manages complex and varied matters for a number of high profile insurers and private clients.

More about Toniel

Elisa's practice focuses on common law and statutory benefits claims brought pursuant to the Accident Compensation Act 1985 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2014 (Vic).

More about Elisa

Hannah practices in general insurance litigation with a particular focus on claims and risk...

More about Hannah

Rebecca's areas of expertise include the preparation of design and construction documents, and construction dispute advice and litigation...

More about Rebecca

Jessica practices in employment and workplace relations law and provides strategic advice to clients across a range of industries.

More about Jessica
    Fluent in French - Conversational | Italian - Conversational | Mandarin - conversational

Pia is a Senior Associate in the Commercial Dispute Resolution team with experience across general commercial litigation, banking enforcement and insolvency...

More about Pia

Markus’ practice focuses on statutory benefits claims brought pursuant to the Accident Compensation Act 1985 (Vic) and Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).

More about Markus

Martin specialises in insurance litigation, working with insurers on defending compulsory third party claims...

More about Martin

Liz's practice focuses on state compensation and liability claims. She has developed particular expertise in identifying and managing complex and technical liability and state compensation claims, considering, analysing and providing commercial advice to both insurers and self-insured employers...

More about Liz

Lauren specialises in resolving disputes, and works collaboratively with her team and with clients to provide strategic advice and success for the client...

More about Lauren
    Fluent in Japanese - Conversational

Kathryn advises and represents clients in a wide range of matters, including general commercial litigation, banking and finance litigation involving mortgages, guarantees and loan agreements, debt recovery and enforcement and corporate insolvency advice.

More about Kathryn

Brandon is an experienced insurance litigator specialising in workers’ compensation, medical treatment liability and public liability claims.

More about Brandon

Mitch is an experienced insurance and litigation lawyer who has defended claims on behalf of insurer and private clients as well as state government departments.

More about Mitch

Zoe acts predominately for corporate clients and company directors in cases involving contractual disputes, fraud, corporations and equity matters, competition and consumer law...

More about Zoe

Bridget is an experienced insurance and litigation lawyer who has acted for leading Australian and international insurers and underwriters...

More about Bridget

Shane has a broad commercial and regulatory litigation practice, encompassing investment fund and trustee disputes, banking and company law, financial services, civil and commercial fraud, aviation, construction and infrastructure disputes.

More about Shane

Belinda is an insurance lawyer with decades of experience over a range of jurisdictions. Belinda is an Accredited Specialist in Personal Injury Law...

More about Belinda

Daisy has extensive experience within the Common Law Workers’ Compensation area. She has also acted in public liability, product liability, medical negligence and CTP cases...

More about Daisy

Ebonie has worked in the area of insurance law since 2011. She has a specific interest in representing employers in workers compensation claims, with her practice encompassing both physical injury and psychological injury claims in both litigated and non-litigated advice matters.

More about Ebonie
  • Fluent in Italian - Conversational

Melissa is an experienced insurance lawyer who focuses on advising major national insurers on CTP and public liability claims ranging from homeowners to small businesses.

More about Melissa
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Morbi vel viverra mauris, quis aliquet ipsum. Cras efficitur erat et purus bibendum, et bibendum nulla aliquet. More about Geoff
    Fluent in Vietnamese - Conversational

More about Nhu-Thuy
    Fluent in French - Conversational

More about Will
    Fluent in Bahasa Indonesia - Conversational | French - Conversational | German - Conversational | Spanish - Conversational

More about Alicia
    Fluent in Mandarin - conversational

More about Lucy
    Fluent in Italian - Conversational

More about Stephanie
    Fluent in Bosnian - Conversational | Croatian - Conversational | Serbian

More about Ante
    Fluent in German

Dr Wolfgang Babeck has more than 20 years’ experience as a corporate and commercial lawyer and is admitted in New South Wales, England & Wales and as Rechtsanwalt in Germany...

More about Wolfgang
Sumith Perera

Chief Operating Officer

Sumith is the Chief Operating Officer and the national Head of Corporate Services at Hall & Wilcox. He has over 20 years' experience in leading and managing teams at professional services firms.

More about Sumith

Peter is the Client Solutions Director at Hall & Wilcox where he drives their Smarter Law program and fosters innovation at the firm...

More about Peter

Dean is the Head of Hall & Wilcox’s Finance team. He has over 15 years’ experience in finance within professional services firms.

More about Dean

Katie is the Director of People & Culture for Hall & Wilcox. She has over 20 years’ experience in the legal industry.

More about Katie

Melanie is the national head of Hall & Wilcox’s Business Development, Marketing & Communications team...

More about Melanie

Mike manages the Legal Excellence & Risk team at Hall & Wilcox and is responsible for the firm’s precedents, risk management and general counsel/company secretarial functions.

More about Mike
    Fluent in Dutch - Conversational

Janneke is the operations manager and head of operations nationally at Hall & Wilcox. She has over 15 years’ experience in human resources and project management across a variety of industries, including professional services, IT, banking and utilities...

More about Janneke
    Fluent in Hindi

Pious is the IT manager and head of IT nationally at Hall & Wilcox. He has over 18 years’ experience as a senior IT executive with a proven track record in legal and government technology management sectors.

More about Pious

Melinda is the national marketing and communications manager at Hall & Wilcox. She has more than 20 years’ experience as a journalist, content creator and marketing communications specialist at professional services firms.

More about Melinda

You might be also interested in...

Thinking | Thu 03 2007

Corporate and Financial Services Reform Update March 2007

The first tranche of draft regulations was released for public consultation on 26 March 2007 as part of the Corporations and Financial Services Regulation Review process. Some key issues dealt with in the first round of draft regulations are set out below: Keeping Financial Services Guides and Product Disclosure Statements up to date Where there […]

Thinking | Mon 05 2007

Compensation Arrangements for Financial Services Providers

Yesterday the Parliamentary Secretary to the Treasurer (Chris Pearce), announced that regulations to complement section 912B of the Corporations Act 2001 (the Act) are expected to be made by 1 July 2007. The Act requires financial services licensees that provide financial services to retail clients to have in place appropriate compensation arrangements. The arrangements must either be approved […]