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brisbane qld 4000
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dandenong vic 3175
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melbourne vic 3000
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sydney nsw 2000
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Will Macintosh

senior associate, litigation and dispute resolution

meet Will

about Will

Will is known for how hard he works to get the right result for his client. His commercial dispute resolution experience covers a broad range of industries and areas of law including property, corporate, commercial and insolvency matters, as well as planning and land use appeals.

“Protracted disputes can do a lot of damage for people and their businesses. Practical solutions that take the stress off my clients and allow them to focus on their business priorities are often the best outcome. I am just as comfortable heading to court as negotiating a commercial settlement.”

Will has degrees in both commerce and law and prides himself on his ability to understand the nuances of accounting and financial issues in his matters and provides holistic strategies for his clients. His clients include businesses of all sizes in a number of sectors including property development, investment, private lending and insurance broking.

Areas of Expertise

alternative dispute resolution
complex litigation
commercial disputes
insolvency (acting for both insolvency practitioners and other stakeholders) and debt collection
planning and environment appeals

industries

insolvency

recent experience

  • planning appeal

    Prior to the 2011 floods, Will’s client had planning approval to build on a site in St Lucia, Brisbane. After the floods, that approval lapsed and the commencement of a new planning scheme meant the subsequent development application was refused, which Will appealed. After two years of lengthy negotiations with Council, including design changes and expert consultant opinions and managing belligerent lot owner submitters, Will assisted with the successful resolution of the appeal, enabling the client to proceed with the development.

  • complex litigation - property valuation

    A client made a claim against a firm of valuers alleging negligence in their valuation of a property in 2008. The client relied on the valuation to purchase a property, only to discover the property to be worth substantially less than the price paid. With the GFC hitting hard shortly after the purchase, the client was left ‘holding the baby’ and sued for damages.

    With the valuers’ insurer firmly denying liability, Will assisted in getting the matter ready for trial including several tranches of disclosure, accounting and management expert evidence, and multiple conferences with witnesses who had difficulty recalling the events of 10 years ago.

    A week before trial, the parties came to a commercial settlement. The client had been pleased the matter was ready to go to trial, but was delighted to be able to settle beforehand.

  • complex litigation - enforcing power of sale under mortgage

    Will acted for a mortgagee (lender) enforcing a power of sale under mortgage in which the borrowers raised a significant number of arguments as to why there had been no default of the terms of the loan.

    The matter initially proceeded on a condensed timeframe with a view to having it listed for trial as soon as possible, but a lengthy negotiation process ensued and it was clear the matter needed a kick along. Will ensured it was listed for trial without delay.

    With the impending trial looming, a commercial deal was reached with extremely favourable terms for his client, who was relieved to have an end to the matter.