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Rob helps his clients resolve difficult and complex commercial disputes. He is the first point of contact for his clients, whether they are seeking early advice to formulate a strategy to avoid a potential dispute or urgent advice to manage a business crisis.
If a matter has to go to Court, Rob robustly protects his clients’ interests, while bringing a thorough, strategic and calm approach to advising on complex legal and factual issues.
Rob acts for companies and high net wealth individuals in a wide range of commercial disputes, which often concern commercial contracts, shareholder rights and remedies, construction and property development.
Rob draws on experience as an in-house lawyer in London for the family office of a high net worth individual, where he was involved in multi-billion dollar litigation and high profile investigations. This has given him a unique insight into clients’ key drivers and objectives during litigation.
“I am motivated by helping people make very important decisions in often difficult and challenging situations. It is a responsibility I take very seriously and one which constantly drives me to be the best lawyer I can be.”
Rob often acts for shareholders and directors involved in intra-company disputes. These cases typically involve issues of corporate oppression, access to information, statutory derivative actions, breaches of directors and/or fiduciary duties and injunctions.
In a recent case, Rob obtained freezing orders and an injunction for his director and shareholder clients when it was discovered another director and shareholder had changed the ASIC register, removing his clients as directors and shareholders. The freezing orders prevented the other director and shareholder from accessing the company bank accounts or dealing with company assets, pending the outcome of court proceedings. The Federal Court of Australia ultimately granted summary judgement for Rob’s clients, awarding them their legal costs and ordering the ASIC register to be rectified.
Rob acted for a large Australian business in a substantial dispute concerning allegations of breaches of restraint of trade in a sale of a business agreement and a related employment agreement. The client alleged the owner of the business they had acquired had become involved in a competitive business on the same street in breach of the contractual restraint of trade provisions. Rob was able to achieve several critical wins in interlocutory applications leading up to the trial before settling the matter a week before the four week trial was listed to commence in the Supreme Court of Victoria.
Rob acted for a foreign owned telecommunications company in proceedings concerning an injury to an employee who had fallen through a skylight on a roof, suffering paraplegia. The client had engaged the plaintiff’s employer to upgrade telecommunications equipment in an area on the rooftop leased by another telecommunications company. The issues in the proceeding related to the effect of contractual indemnity provisions in a contract between the client and another telco, the client’s insurer’s denial of indemnity and the client’s liability to the injured employee for alleged failures to identify the skylight as a hazard. The proceedings were very complicated as they involved eight other parties, but Rob was able to achieve a settlement for his client shortly before a nine week trial was listed to commence in the Supreme Court of Victoria.
An international healthcare company client took possession of land under a lease where it was constructing an aged care facility. During construction, asbestos was discovered in the soil. The client urgently arranged for the removal of the soil at a significant cost. The subsequent proceedings involved issues around whether the landlord was responsible to compensate the client for the removal costs under the terms of the leasing documents. Issues of whether the landlord and its engineer had misled the client by their provision of a clearance certificate were also raised. Rob was able to settle the matter on favourable terms for his client at a court-ordered mediation.