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Jeffrey was one of the first to join Macpherson Kelley in Sydney. His many years’ experience advising clients on a wide range of insolvency issues and commercial disputes has seen him achieve excellent results and develop long term relationships. He is experienced in acting for liquidators, receivers and managers, administrators and creditors (secured and unsecured) in insolvency and restructuring matters.
Jeffrey also regularly represents clients across a broad spectrum of industries in complex disputes in the Supreme Court of NSW and the Federal Court of Australia, including in relation to shareholder disputes, breach of directors’ duties and contractual disputes.
“Most companies will have a dispute at some stage and sometimes litigation is unavoidable. A good strategic litigator is able to work with clients to achieve a positive outcome similar to any other positive commercial outcome.”
Jeffrey values good client service and keeps his clients informed every step of the way. He believes the key to maintaining good client relationships when resolving disputes is genuine, impartial advice. He says informing his clients on where their exposures are ensures the best commercial outcome.
directors’ penalty notices
franchising code of conduct disputes
insolvency bankruptcy and reconstruction
misleading and deceptive conduct
Jeffrey acted for a director regarding the administration of a retail clothing business, facing allegations of insolvent trading, which were denied. Jeffrey worked collaboratively with client, the administrator and other stakeholders to negotiate a deed of company arrangement which saw the client avoid any claim for insolvent trading while allowing for a better return to creditors than a liquidation scenario. Jeffrey’s knowledge of the insolvency landscape was crucial in navigating complex issues involving the sale of assets and shares, negotiating with creditors and negotiating with the administrator to achieve a positive outcome.
Jeffrey acted for a director of a subsidiary company in a large corporate collapse. This involved advising the director in relation to access to directors and officers insurance, ASIC investigations, a liquidator’s public examination, civil proceedings brought by the liquidators and criminal proceedings prosecuted by the Commonwealth Director of Public Prosecutions on behalf of ASIC. This required developing a thorough knowledge of complex issues spanning over many years and managing significant documentary disclosure (millions of documents), as well as defending criminal proceedings in a jury trial. Jeffrey’s client avoided any civil liability and was found not guilty of all criminal charges by directed verdicts.
Jeffrey acted for a small business owner in complex proceedings in the Supreme Court of New South Wales concerning claims for breach of directors’ duties, breach of restraints of trade, breach of contract and misleading and deceptive conduct. The client had sold the business she had built up over more than 15 years and was sued by the purchasers for $2 million, being the total purchase price. Jeffrey worked closely with the client to successfully defend almost all of the claims and obtained a fixed sum cost order against the plaintiff for $830,000.