Our success

We act in large disputes and transactional matters throughout Australia.

Some examples of our success in disputes matters include:

• Success in Federal Court proceedings against Ford Motor Corporation resulting in judgment for approximately $20 million in favour of our client, obtained within three months of the dispute first arising: Arrowcrest Group Pty Limited v Ford Motor Company of Australia Limited [2002] FCA 1450;
• Success in a Supreme Court appeal involving rectification of an error in complex licensing agreements: SEKISUI Rib Loc Australia Pty Limited v Rocla Pty Limited [2012] SASCFC 21
• Success in Federal Court proceedings at first instance and on appeal involving disputed tax assessments exceeding $80 million: Commissioner of Taxation v Futuris Corporation Limited [2012] FCAFC 32; Futuris Corporation Limited v Commissioner of Taxation [2010] FCA 935;
• Success in a matter against the proponent of a business arrangement where that proponent sought to characterise the business arrangement as something other than a franchise so as to avoid the need to comply with the Franchising Code of Conduct: Rafferty & Others v Time 2000 West Pty Limited & Others (No 4) [2010] FCA 725;
• Success in resisting an appeal to the South Australian Full Court for production of documents subject to without-prejudice privilege: Yokogawa Australia Pty Limited & Others v Alstom Limited [2009] SASC 377;
• Success in obtaining an injunction from the Chief Justice of the High Court of Australia against the Australian Crime Commission in a high profile tax investigation: C v Australian Crime Commission [2006] HCA Trans 135;
• Success in attacking a deed of company arrangement of a public company: Grocon Constructors Pty Limited v Kimberley Securities Limited [2009] NSWSC 541;
• Success before the South Australian Full Court in relation to an issue arising under the Corporations Act, which ultimately led to the Commonwealth Parliament amending the Corporations Act (Corporations Amendment Act (No. 1) 2005): Hanel v O'Neill [2003] SASC 409;
• Success in resisting liquidators' examination orders: Normans Wines Limited (Receivers & Managers Appointed) (in liq); Harvey & Ors v Burfield & Another [2004] SASC 171;
• Success in obtaining an injunction from the Full Court of the Supreme Court of SA for the disqualification of a judge on the grounds of apparent bias: Southern Equities Corporation Limited (in liq) v Bond & Others [2000] SASC 450.

Some examples of our success in commercial transactions include:

• Success in acting for a consortium which purchased the business of a major building supplies company from its receivers;
• Success in acting for one of Australia's largest abattoir businesses in the purchase of abattoirs in Queensland and NSW, and of a significant business in the USA;
• Success in acting for a major national tile supplier in the acquisition of several businesses and establishing franchises throughout Australia;
• Success in the purchase of the shareholding in a technology company in Victoria on behalf of a European client, including a complex restructure;
• Success in the purchase of a large crash repair business involving complex and significant lending arrangements;
• Success in the restructure and part-sale of one of the Australia's largest and most presigious thoroughbred horse studs;
• Success in the purchase of several aged care facilities for a large provider of aged care.