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Victoria was drawn to litigation because she loves a challenge, advocating for the underdog and fighting hard for her clients. And she is particularly skilled in producing great strategic options.
Victoria has been described as a fearless litigator, but it’s her empathy and strong business acumen (having operated her own law firm for 8 years) that means she advises her clients with confidence.
Victoria has worked on a wide range of matters over her career and has more experience than most in negotiating mediated settlements, including a significant track record of successful trials. Her knowledge and experience and keen eye for detail means she spots not just the obvious solution, but sees things others often miss, giving her a strategic advantage. This is why Victoria has such a strong record of great results for her clients.
“I have been working with Victoria and her team for close to 10 years and can honestly say that when they are handling my matters, I am comfortable that we are with a “safe set of hands”. Not only are Victoria and the team at the top of their game from a technical point of view, they are also aware of my risk profile and ensure that our values and quest for commerciality are aligned. I would recommend Victoria and her team at Macpherson Kelley to anyone.”
Alice Ruhe, Partner, SMB Advisory
building construction disputes
business owner disputes
debt recovery (complex)
finance loan disputes
insolvency and director related advice
misleading and deceptive conduct claims
The client agreed to sell its insurance book for $2.9 million via an earn-out contract enabling the purchase to be made in installments. The purchaser paid the initial purchase price of $1.9 million but baulked at paying the outstanding $1 million, claiming this wasn’t necessary according to expert evidence. By issuing subpoenas to various underwriters and scrutinising methods used by the purchaser’s expert, Victoria helped the client discredit the purchaser’s claims. She won a $1.2 million judgment plus security of costs in the Victorian County Court, a decision that was upheld on appeal. When the purchaser attempted to frustrate the recovery process by appointing voluntary administrators, Victoria wound up the purchaser company due to non-payment of the judgment, and the liquidators continue to investigate the company’s affairs, including movement of funds designed to avoid paying creditors.
When a client came to Victoria in dire financial circumstances due to her husband’s deceased estate, Victoria was up for the challenge of an estate that included a business with significant debt, a number of personal guarantees and three caveats on jointly owned property. By reviewing the contracts in detail, Victoria was able to identify a number of problems with the provisions, including that the husband had no right to put caveats on jointly owned property. By communicating effectively and presenting her case to the third parties, Victoria successfully removed all caveats on the property, which enabled her client to sell them. Given her client is in default, Victoria is currently in negotiations with the bank to allow a smooth selling process, to maximise the return on sale and help her client escape the financial situation her husband placed her in.
Victoria developed a long standing relationship with an international fashion and home accessories retailer. Over a number of years she has been a key advisor to the Australian arm of this retailer, including navigating the Australian legal environment through licensing agreements, insolvency proceedings, PPSR issues with liquidators and subsequently advising on how to continue business in Australia.