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Nick Roche
senior associate, litigation and dispute resolution
meet Nickabout Nick
Having embarked on his legal career with macpherson kelley back in 2017, Nick finds great pride in fostering relationships grounded in trust and achieving the best possible outcomes for his clients.
He has been a dedicated member of the litigation and dispute resolution team, effectively supporting his clients through the complexities of the litigation process. Nick has handled a diverse array of cases, including bankruptcy, contractual and commercial disputes, corporate insolvency, debt recovery, breaches of directors’ duties, disputes between directors, professional negligence, and property disputes involving caveats and easements.
His experience spans across a broad range of jurisdictions, including the Supreme Court of NSW, the Federal Court of Australia, and the High Court of Australia, acting for a variety of clients, including individuals, companies, directors, liquidators, and administrators.
“I take great pride in developing strong relationships with my clients and demonstrating my technical skills and pragmatic approach, which puts clients at ease throughout the litigious process.”
Areas of Expertise
- Bankruptcy
- Commercial disputes
- Contractual disputes
- Corporations law
- Directors’ Duties
- Debt recovery
- Dispute resolution
- Disputes between Directors
- Equity
- Insolvency
- Litigation
- Professional Negligence
- Property Disputes
industries
recent experience
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CEO of a subsidiary of an ASX listed company avoids jail-time
Nick acted for a former CEO of a subsidiary of an ASX listed company in an ASIC prosecution regarding an allegation that he had conspired with three other employees to falsify the company’s financial records, indicating that the company’s financial performance was better than it in fact was. In a trial that lasted nearly 7 weeks and involving millions of documents, Nick’s client was ultimately found not guilty as a result of directed verdicts.
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Liquidator dispute regarding substantial asset pool
Nick acted for a liquidator of a company, which, prior to entering into liquidation, developed property in Western Sydney. A creditor of company had commenced proceedings against the company alleging that, in an agreement with the company, it held a secured charge over 27 properties owned by the company. While it was found that the creditor held a secured charge, it was also found that the charge only secured approximately 5% of the debt owing to the creditor, meaning that the majority of the company’s asset pool was available to be realised for the benefit of the majority of the company’s creditors.
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Setting aside a statutory demand with a complex underlying debt
Nick acted for company which, shortly before Christmas, was served with a statutory demand which claimed a debt that was made up of several allegedly unpaid invoices. Working quickly to prepare an application to set aside the statutory demand within the 21 day timeframe, Nick worked through the various alleged debts, uncovering the true position in relation to the invoices and a number of offsetting claims. As a result of Nick’s efforts, he was able to achieve a settlement in the matter, which resulted in the other party not pursuing any claim for the alleged debt and paying his client’s costs on an indemnity basis.
