Some of the matters in which Bryce held a brief in the 12 months to April 2025

Bryce has a passion for litigation and fearlessly pursues it to protect his clients’ interests. He also appreciates the importance of alternative avenues for dispute resolution. By adopting a careful and strategic approach to litigation, Bryce has achieved successful settlements in the majority of his cases, avoiding the need for judicial determination.

• Major Subsidence

  Building and Construction

  Represented a builder in the Supreme Court of NSW regarding soil subsidence impacting a neighbouring property during sheet piling for a multi-residential development.  Issues included potential demolition, negligence, indemnity, the issuance of an occupation certificate, and cross-claims against subcontractors.  Led by Scott Robertson SC.

• Major Defect Building Works

  Building and Construction

  Represented a builder in the District Court of NSW against a homeowner who alleged a major defect due to a failed slab, demanding the demolition and rebuild of the home.  The builder cross-claimed against the engineer.

• Major Defect Building Works

  Building and Construction

  Represented a builder in the District Court of NSW in a dispute with a homeowner alleging significant defects, necessitating the demolition and reconstruction of the home.   The case involved cross-claims against the design engineers responsible for major structural components of the home.

• Contract Breach and Defects

  Building and Construction

  Acted for a homeowner who paid over a million dollars to a builder without a formal contract. The work did not meet Australian standards, and the builder lacked the necessary insurance and licences at various times during the work. The case involved termination of the “contract”, claims for damages, quantum meruit, and issues related to the builder’s unlicensed status under the Home Building Act 1989 (NSW).

• Mine Subsidence Claim

  Building and Construction

  Advised and appeared for homeowners in the Land and Environment Court of NSW regarding a claim under the Mine Subsidence Compensation Act 1961 (NSW).  The case involved nearly two million dollars in damage to a heritage property caused by coal mining activities.  Key issues included the valuation of the damage, the claims process against Subsidence Advisory NSW (SANSW), and potential compulsory acquisition by SANSW.  The clients sought compensation for repairs, project management, and accommodation costs while repairing the property that they had owned as the family home for over 50 years.  The case involved complex legal issues under sections 12 and 13 of the Act and the statutory framework governing mine subsidence in NSW.

• Disciplinary Action – Licensing Revocation and NCAT Appeal

  Building and Construction

  Provided urgent advice in disciplinary proceedings concerning the cancellation of a contractor licence and permanent disqualification from holding an authority under the Home Building Act 1989 (NSW).   The proceedings arose from allegations of improper conduct and unlicensed contracting, following a complaint regarding construction defects at a residential property.

• Building Claim

  Building and Construction

  Advised a builder in proceedings commenced by the homeowner in the NSW Civil and Administrative Tribunal, alleging breach of contract for home building works and defects. The builder cross-claimed against the homeowner for unpaid variations.

• Breach of Contract

  Building and Construction

  Advised the installer of high-voltage infrastructure in rural NSW in a dispute over contractual scope, liability for an electrical fire caused by a subcontractor, and disputed variations. Key issues included termination rights and potential claims for damages.

• Partnership Dispute

  Building and Construction

  Acted for a developer in a dispute with a partner concerning the development of multiple properties. Issues included the use of building licences, indemnities, and the operation of corporate and trust structures. The matter was resolved through a negotiated settlement addressing disputes over licence usage and corporate arrangements.

• Put and Call Option Deed – Misleading and Deceptive Conduct – Fraud

  Contract

  Represented the vendor (respondent) in an appeal before the NSW Court of Appeal, defending against a purchaser’s attempt to rescind an $88 to $92 million dollar put and call option deed related to a rural land transaction. The case centred on allegations of misleading and deceptive conduct under the Australian Consumer Law (ACL), fraudulent misrepresentation, and land contamination, with additional questions concerning damages under sections 237 and 243 of the ACL. Led by Scott Robertson SC.

• Guarantees – Litigation funding

  Contract

  Advised a solicitor in the Supreme Court of NSW in a case involving millions of dollars said to be owing to a litigation funder. Issues included whether a breach of contract had occurred, and how various guarantees and security deeds between different parties were said to operate.

• Easement – Breach of Contract

  Contract

  Advised a builder of a multi-dwelling development regarding a significant contract dispute involving easement rights for a bushfire asset protection zone and other easements across neighbouring land. The builder had a contract with the former owner to grant the necessary easements, which the former owner failed to require the new owner to enter into as required under the deed with the builder.  The case required proceeding against the former owner for breach of the agreement and pursuing an easement pursuant to section 88K of the Conveyancing Act 1919 (NSW) with the new owner.

• Rescission of Contract Due to Failure to Comply with Statutory Warranty

  Contract

  Provided urgent advice to a purchaser regarding their right to rescind a contract for the sale of property worth many millions of dollars.  The matter required a detailed analysis of the vendor’s compliance with statutory disclosure obligations under the Conveyancing Act 1919 (NSW) and its regulations, as well as environmental and planning considerations under the Environmental Planning and Assessment Act 1979 (NSW).  The advice concluded that the purchaser was entitled to rescind the contract.

• Breach and Termination

  Contract

  Provided urgent advice regarding the validity of a vendor’s purported termination of a contract for the sale of land, with a focus on the interpretation of certain special conditions.  Subsequently, a second opinion was sought from Mr Anthony Cheshire SC, who fully endorsed my advice.

• Rescission of Contract Due to Mental Illness

  Property Law Contract

  Provided urgent advice to vendors of residential property on their right to rescind a contract for sale under a special condition permitting rescission if a party became mentally ill, as defined in the Mental Health Act 2007 (NSW).  Advice addressed the vendor’s prospects of success, potential contractual liability, and exposure to cross-claims.

• Appeal

  Contract Dispute – Appeal

  Advised on the prospects of success of an appeal from the Supreme Court of the ACT on a contract case concerning implied terms and alleged breach.

• Whistleblower Investigation

  Corporate Governance and Workplace Health & Safety

  Acted as the investigator in a whistleblower complaint under Part 9.4AAA of the Corporations Act 2001 (Cth) involving an organisation with over 30,000 professional members.  The investigation involved interviewing the whistleblower and reviewing allegations made by a senior board member concerning breaches of the Corporations Act 2001 (Cth), organisational policies, including the Code of Conduct and Charter, as well as potential violations of workplace health and safety laws related to psychosocial risks against another senior board member.  As part of the investigation, I was responsible for drafting a comprehensive report that included detailed findings having regard to the principles stated by Dixon J in Briginshaw v Briginshaw (1938) 60 CLR 336.  The report addressed the application of the whistleblower protection framework, potential breaches of ethical standards, and the legal obligations of directors and other persons in a workplace under commonwealth and state law, including the Work Health and Safety Act 2011 (NSW).  The investigation required a nuanced understanding of the intersection between corporate governance, workplace safety, and professional conduct.

• Defence Against Recovery of Uncommercial Transactions

  Corporate Insolvency

  Acted for a defendant in the District Court of NSW against claims by liquidators under sections 588FF(1) and 588FH of the Corporations Act 2001 (Cth).  The liquidators sought recovery of substantial payments allegedly received through uncommercial and unreasonable director-related transactions, as well as voidable transactions.  The case involved defending the validity of these transactions, addressing the nature of the defendant’s involvement, and arguing that the payments were legitimate business dealings.  Key issues included compliance with corporate governance standards, the application of insolvency laws, and the defence of claims concerning financial transactions within a company in liquidation.

• Misfeasance in Public Office – Misleading or Deceptive Conduct (ACL)

  Corruption

  Advised a business operator in the mining/quarrying sector on a potential cause of action against a local council for a breach of contract regarding tendering, misleading or deceptive conduct under the ACL, and misfeasance in public office.  Led by Anthony Cheshire SC.

• Development Application Appeal

  Environmental Planning and Development

  Acted for the homeowner in an appeal to the Land and Environment Court of NSW against Shoalhaven City Council’s refusal of development application for the construction of a detached residential shed in Culburra Beach.  The appeal was upheld following a conciliation conference, leading to the approval of amended development plans.  The matter required argument on various provisions of the Environmental Planning and Assessment Act 1979 (NSW), Land and Environment Court Act 1979 (NSW), and Shoalhaven Local Environmental Plan 2014 (NSW).

• Developer Trust Dispute

  Equity and Trusts

  Acted for a developer in a dispute concerning a property development conducted through a trust structure.  The matter involved the removal of the trustee entity, allegations of breach of trust relating to the use of trust funds for personal debts, disputes over an undocumented profit-sharing arrangement, and issues surrounding the protection of trust assets, including caveats.  The case required detailed consideration of fiduciary obligations, equitable principles, and property law.

• Parenting – Division of Assets

  Family

  Advised respondent husband in a parenting and property dispute with his former spouse of 20 years, focusing on asset division and parenting arrangements post-separation.

• Domestic Violence – Battered Person

  Family

  Advised and appeared for a woman accused of committing a violent act against her de facto partner.  The case involved multiple children witnessing the partner’s verbal abuse and drug use.  Strategy addressed the credibility of allegations, ongoing abuse, potential criminal charges, and the partner’s removal from the home.

• Bankruptcy and Family Law Property Settlement

  Family

  Appeared for the Trustee in Bankruptcy in proceedings concerning the distribution of sale proceeds from the former matrimonial home following the bankruptcy of one party.  The Trustee asserted an interest in the proceeds of sale, raising issues about equitable claims, creditor priority, and the interaction between section 58 of the Bankruptcy Act 1966 (Cth) and section 79 of the Family Law Act 1975 (Cth).

• Property Settlement – Family Trusts

  Family

  Acted for the applicant wife in property settlement proceedings involving complex trust structures and valuation disputes.  The matter concerned the division of assets, including business interests held through a family trust, multiple real properties, and superannuation entitlements.  Issues arose regarding financial disclosure and the classification of trust assets.

• Property Settlement – Family Violence

  Family

  Acted for the respondent wife in a family law matter involving significant allegations of family violence, coercive control, and financial abuse.  The case concerned the impact of family violence on the Wife’s contributions, her loss of earning capacity due to sustained economic control, and disputed loan repayments to her father.

• Fraud and Exercise of Joint Owner Rights

  Fraud

  Represented a part owner of property in the Supreme Court of NSW in an application under section 66G of the Conveyancing Act 1919 (NSW).  The matter involved allegations of a fraudulent mortgage taken out by a co-owner, acknowledged by the financial institution.

• Property Purchase

  Misleading or Deceptive Conduct

  Advised the purchaser of commercial property in Sydney’s eastern suburbs on a misleading or deceptive conduct claim under the ACL and an alternative claim on fraudulent misrepresentation.  Key information was wilfully omitted in the vendor’s disclosure memorandum, resulting in significant loss to the purchaser.

• De Facto Property – Partition and Sale – Section 66G Application

  Property

  Acted for the applicant in proceedings concerning the sale of jointly owned property following the breakdown of a de facto relationship.  The parties separated in 2018, and no application was made within the two-year limitation period under the Family Law Act 1975 (Cth).  As a result, relief was sought in the Supreme Court of New South Wales under section 66G of the Conveyancing Act 1919 (NSW) to appoint statutory trustees for sale.  The case involved disputed contributions, financial adjustments, and the impact of post-separation mortgage payments.

• Easement Advice

  Property

  Advised a homeowner on a Development Application and potential court proceedings concerning an easement and right of carriageway dispute.

• Easement Advice

  Property

  Joint advice with Jason Lazarus SC regarding the prospects of obtaining an order compelling servient tenement owners to provide consent for a development application.  The matter concerned a right of carriageway burdening the servient property, where consent was required for proposed modifications to facilitate subdivision.  The advice considered the scope of the dominant owners’ rights, statutory and common law principles governing easement modifications, and the prospects of relief compelling consent.  The analysis included recent authorities on unjustified obstruction of easement rights and the intersection of planning law with private property rights.

• Contested Will

  Wills and Estates

  Represented the named executor of an estate valued at tens of millions of dollars in the Supreme Court of NSW.  Issues included defending challenges to multiple wills based on testamentary capacity and addressing complex trust, partnership, and property issues.  Additional matters included the appointment of an interim administrator and the joinder of parties.  Led by Scott Robertson SC.

• Preliminary Discovery

  Wills and Estates

  Appeared for and advised a defendant in the Supreme Court of NSW in proceedings that began as an application for preliminary discovery but evolved into significant allegations of breach of trust, breach of fiduciary duty, and unconscionable conduct involving millions of dollars.  The case involved complex issues surrounding the administration of an estate, including disputes over the validity of a power of attorney, the management of trust assets, and the distribution of estate assets. Additional claims included breaches of fiduciary duties as executor, improper accounting, and the invalidity of certain trust appointments and transactions.  The case required detailed analysis of the defendant’s fiduciary responsibilities and the potential for equitable compensation and other remedies.  Led by Michelle Painter SC in respect of the preliminary discovery aspect of the matter.

• Family Provision

  Wills and Estates

  Acted for the executor of an estate in defending two family provision claims made by two children of the deceased, involving complex family dynamics and asset distribution.

Some of the matters in which Bryce held a brief in the 12 months to April 2024

• Major Subsidence

  Building and Construction

  Represented a builder in the Supreme Court of NSW in a matter involving soil subsidence affecting a neighbouring property during the sheet piling operations part of a multi-residential development. Issues arising included whether demolition of the neighbouring property was necessary, negligence, and indemnity. Led by Scott Robertson SC.

• Builder Licencing

  Building and Construction

  Provided a joint advice with Anthony Cheshire SC to an excavation and earthworks company in a dispute with a homeowner.  Issues arising included licencing and insurance in the context of ss 4, 7, 92, 94, and 99 of the Home Building Act 1989 (NSW).

• Major Defect Building Works

  Building and Construction

  Represented a builder in the District Court of NSW against a homeowner who alleged a major defect demanding demolition and rebuild of the home.  The builder cross-claimed against the engineer.

• Major Defect Building Works

  Building and Construction

  Represented a builder in the District Court of NSW against a homeowner who alleged a major defect demanding demolition and rebuild of the home. The builder cross-claimed against the engineer. This is a different matter to the one above.

• Major Defect Building Works

  Building and Construction

  Advised a homeowner regarding building defects and variations to a construction contract for a swimming pool that had a contract price of $1,600,000.

• Major Defect Building Works

  Building and Construction

  Represented a builder in the NSW Civil and Administrative Tribunal in a dispute with a homeowner.  Issues arising included the validity of multiple contracts, variations, termination of contract, a claim for unpaid invoices, as well as a damages claim brought by the homeowner.

• Major Defect Building Works

  Building and Construction

  Advised a builder in a dispute with a homeowner who alleged a major defect demanding demolition and rebuild of the home.  The builder had a cause of action against the engineer.  This matter was further complicated by the fact that it was a home on a remote and substantial farming property.

• Subcontractor Rights

  Building and Construction

  Advised a Queensland-based subcontractor on legal options for recourse against the property owner in the context of insolvency proceedings of the head contractor. Issues arising included insolvency law, subcontractor rights, and property law.

• Put and Call Option Deed
  Misleading and Deceptive Conduct
  Fraud

  Contract

  Advised and appeared for the vendor in a $88,000,000 to $92,000,000 put and call option deed associated with a rural land transaction. Issues arising included contamination to land, misleading and deceptive conduct, and fraud. Led by Scott Robertson SC.

• Hire Purchase

  Contract

  Advised the purchaser in a hire purchase agreement involving seven prime movers, as well as trailers and dogs.  Issues arising included breach of agreement, termination clauses, quantum of damages, repossession, bailment, contractual interpretation, and penalty clauses.

• Developer Partnership Dispute

  Contract

  Represented a property developer in the Supreme Court of NSW in a partnership and joint venture dispute. Issues arising included complex financial accounting, the enforceability of multiple contracts and specific performance.  Led by Anthony Cheshire SC.

• Contract Dispute

  Contract

  Appeared for the owner of a quarry in the District Court of NSW accused of breach of contract, as well as various breaches of the Australian Consumer Law and Sale of Goods Act 1923 (NSW) arising out of the sale of quarrying equipment.  Issues arising included technical evidence on the state of repair of the equipment as well as legal issues concerning the formation of the contract.  Led by Anthony Cheshire SC.

• Termination and Rescission

  Contract

  Advised homeowners who had purchased property off-the-plan in circumstances where the developer indicated it could not complete for the contract price. Issues arising included analysis of the terms of the contract and advising on rescision, termination, and damages.

• Shareholder Oppression

  Corporations

  Advised and appeared for the plaintiff in an application seeking an order to wind up a company pursuant to sections 232, 233, and 461(e)(f)(k) of the Corporations Act 2001 (Cth).  This application was complicated by the fact that it stemmed from a dispute between former spouses, and concerned proceedings in the District Court of NSW, the Federal Circuit and Family Court of Australia, and the Supreme Court of NSW.

• Child Sexual Abuse

  Criminal

  Appeared for a stepfather accused of eight counts of alleged sexual touching of a minor in a criminal case involving blended families. The proceedings necessitated a meticulous and nuanced assessment of the evidence, along with delicate cross-examinations of prosecution witnesses, including a 12-year-old complainant.  Not guilty verdict.

• Transfer of Proceedings

  Cross Vesting

  Provided advice and successfully appeared in proceedings to transfer proceedings from the District Court of NSW to the Supreme Court of New South Wales and then to the Federal Circuit and Family Court of Australia pursuant to ss 5(1) and 8 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW).

• Solicitor Negligence

  Ethics

  Provided advice to a solicitor in relation to a potential negligence claim against that solicitor by a client of the firm. The advice was urgent as it arose in the context of an urgent ex parte freezing order.  Issues arising included drafting appropriate correspondence for the solicitor to send to his client, as well as advising the firm on legal and ethical obligations, including obligations to Lawcover.

• Out of Time

  Family

  Advised the respondent in Family Law Proceedings in the Federal Circuit and Family Court of Australia in relation to his former partner’s attempt to bring an application under s 79 of the Family Law Act 1975 (Cth) approximately 10 years out of time pursuant to s 44(3).

• Developer Dispute in Family Law Matter

  Family

  Advised and appeared for a builder entangled in family law proceedings due to a dispute with a former business partner who was involved in a division of assets with his ex-wife. The case centred on the division of assets from jointly developed properties, claimed by the business partner’s ex-wife as part of the division of marital assets. The case was resolved at lunchtime on the first day of the hearing.

• Winding Up

  Insolvency

  Acted on behalf of several large energy providers in the Supreme Court of NSW, representing them in several winding up applications.

• Alleged Fraud of Financial Controller

  Fraud

  Appeared for the former financial controller of a company in the Supreme Court of NSW accused by the liquidators of the company of misappropriating millions of dollars of company funds over a 15-year period. The case involved analysis of voluminous and complex accounting records for the company, multiple expert financial reports, and included issues concerning litigation funders, security for costs, and freezing orders.  Led by Scott Robertson SC.

• Enforcement of Mortgage
  Alleged Fraud

  Fraud

  Advised and appeared for multiple defendants in relation to a claim in the Supreme Court of NSW in respect of a dispute about the enforceability of a mortgage over real property, with related claims against the defendants, including that they had misappropriated substantial funds while acting as accountants for the plaintiffs.

• Fraud and 66G

  Fraud

  Represented a part owner of property in the Supreme Court of NSW on an application for an order pursuant to s 66G of the Conveyancing Act 1919 (NSW).  The matter was complicated by allegations of fraud concerning the mortgage.

• Easement Advice

  Property

  Advised a homeowner on a Development Application and potential court proceedings concerning an easement and right of carriageway dispute.

• Easement Advice

  Property

  Provided ongoing advice, including written and oral advice, on the grant of an easement pursuant to s 88K of the Conveyancing Act 1919 (NSW) for the purposes of a subdivision and development on the Northern Beaches of New South Wales.

• Enforceability of Contract

  Property

  Advised on the enforceability of a contract for the sale of land in circumstances where there were multiple contract versions and improper party identification. Issues arising included contract validity, rectification, interpretation, and the enforceability of agreements for the sale of land in such circumstances.

• Contested Will

  Wills and Estates

  Represented an executor of an estate in the Supreme Court of NSW facing a challenge to the validity of multiple wills. The estate was valued at approximately $20,000,000. This complex case concerned the capacity of the testator as well as complex legal questions pertaining to trusts, partnerships, and property. Led by Scott Robertson SC.

• Preliminary Discovery

  Wills and Estates

  Appeared for and advised a defendant in proceedings in the Supreme Court of NSW in an application for preliminary discovery in which an application for a grant of administration ad litem in relation to an estate was also sought as well as representative orders pursuant to rule 7.10 of the Uniform Civil Procedures Rules 2005 (NSW).  Led by Michelle Painter SC.

Some of the matters in which Bryce held a brief in the 12 months to April 2023

• Major Defect Building Works

  Building and Construction

  Represented the builder in a case where the homeowner initiated legal proceedings in the District Court of NSW. The homeowner claimed that the concrete slab had failed and that the house required complete demolition to remedy the situation.

• Major Defect Building Works

  Building and Construction

  Represented the builder in a case where the homeowner initiated legal proceedings in the District Court of NSW. The homeowner claimed that the concrete slab had failed and that the house required complete demolition to remedy the situation. (This is an additional matter to the one above.)

• Major Defect Building Works

  Building and Construction

  Represented the builder in a case where the homeowner initiated legal proceedings in the District Court of NSW. The homeowner claimed that the concrete slab had failed and that the house required complete demolition to remedy the situation. (This is an additional matter to the two above.)

• Major Defect Building Works

  Building and Construction

  Represented the builder in a case where the homeowner initiated legal proceedings in the NSW Civil and Administrative Tribunal. The homeowner claimed that the concrete slab had failed and that the house required complete demolition to remedy the situation. The builder brought related proceedings against the engineer that designed the slab. The matter was successfully resolved through a settlement agreement.

• Damage to Neighbouring Property

  Building and Construction

  Represented a builder who was sued in the Supreme Court of NSW for allegedly causing subsidence to a neighbouring property during the construction of a block of flats. The case involved complex issues, such as negligence, indemnity under contract, as well as the application of sections 66K, 66M, and 177 of the Conveyancing Act 1919 (NSW).

• Security of Payment
  Damages for Delay

  Building and Construction

  Provided prompt and comprehensive written legal advice concerning a building dispute under the Building and Construction Industry Security of Payments Act 1999 (NSW). Additionally, assessed whether the builder had a legitimate claim against a subcontractor for delay and damages under the terms of the contract.

• Major Defect Building Works

  Building and Construction

  Represented the homeowner in a case brought before the NSW Civil and Administrative Tribunal, which sought damages and rectification of significant building defects. The matter was successfully resolved through a settlement agreement.

• Commercial Building – Defects

  Building and Construction

  Represented a builder in a dispute against the owner of a commercial property, which was brought before the District Court of NSW. The owner claimed defects, breach of contract, and damages concerning the renovation and fit-out of the commercial property. The matter was ultimately resolved out of court through a settlement agreement.

• Partnership Dispute

  Contract Dispute and Trade Practices

  Represented a property developer against his former business partner in numerous related proceedings concerning a convoluted property dispute in the Supreme Court of NSW.

• Contract Dispute

  Contract Dispute and Trade Practices

  Represented a vendor who sold commercial machinery and was sued for breach of contract, as well as for misleading and deceptive conduct under the Australian Consumer Law and breach of warranty under the Sale of Goods Act 1923 (NSW) in the District Court of NSW.

• Contract Dispute

  Contract Dispute and Trade Practices

  Represented a supplier of wholesale foods who initiated legal proceedings in the District Court of NSW to recover unpaid invoices. The matter was successfully resolved on the first day of the hearing through a settlement agreement.

• Contract Dispute

  Contract Dispute and Trade Practices

  Represented a purchaser who had acquired several market stalls at a well-known market in Sydney and was involved in a contract dispute. The matter was successfully resolved through a settlement agreement.

• Distribution of Surplus
  Liquidator Remuneration

  Corporations

  Appeared for a liquidator in the Supreme Court of NSW seeking special leave to distribute a surplus pursuant to s 488 of the Corporations Act 2001 (Cth) and approval of liquidator costs. The application was opposed, in part, by shareholders. Orders for distribution of surplus and liquidator remuneration made.

• Lost Assets

  Corporations

  Provided extensive written legal advice on the vesting of substantial property assets owned by a corporation that was wound up in the 1920s and not identified by the liquidator. The task required intricate tracing through the corporations legislation that was in effect before the introduction of the Corporations Act 2001 (Cth). Successfully recovered the assets.

• Out of Time

  Family

  Represented the respondent in an application for leave, under section 44(3) of the Family Law Act 1975 (Cth) (FLA), to file an application outside the statutory limitation period under section 79 of the FLA.

• Relocation

  Family

  Represented a mother in an urgent relocation matter, involving a violent ex-partner. The case was successfully resolved, resulting in a favourable outcome for the mother. As a result, the child was able to remain with the mother.

• Division of Assets

  Family

  Provided extensive written legal advice on the division of assets in a high-net-worth separation case, which involved intricate issues concerning assets located both in Australia and overseas, including significant overseas pension entitlements. The matter was complex in nature.

• Division of Assets

  Family

  Represented applicant husband who was seeking a financial settlement with his wife, despite being convicted of serious criminal conduct and serving a prison sentence of 20 years. Additionally, he was also facing a civil damage claim from his victims. It is worth noting that the victims of his criminal conduct were also parties involved in the Family Law proceedings.

• Division of Assets

  Family

  Represented a grandmother as a party in a Family Law dispute that had been initiated between her daughter and former son-in-law in the Federal Circuit and Family Court of Australia. The case involved substantial loans and gifts made by the grandmother to the former couple. After representing the grandmother, the matter was successfully resolved through mediation.

• Appeal

  Family

  Provided comprehensive legal advice to a client regarding the viability of filing an application for leave to appeal to the High Court of Australia from a decision made by the then Family Court of Australia. The appeal pertained to the admissibility of specific evidence in the case.

• Winding Up

  Insolvency

  Acted on behalf of several large energy providers in the Supreme Court of NSW, representing them in several winding up applications.

• Altered Mortgage

  Property

  Represented the mortgagees in a complex case where a mortgage that had been signed 23 years prior was found to have been improperly altered and registered. The mortgagors then commenced proceedings in the Supreme Court of NSW to enforce the mortgage. The case raised various issues including indefeasibility, limitation arguments, entitlement to interest, and mortgagee costs, which required interpretation of sections 13, 16, 40, and 43 of the Limitation Act 1969 (NSW) and s 60 of the Real Property Act 1900 (NSW). After submitting written submissions, the other party conceded their entire case. The presiding judge, Hammerschlag CJ in Eq, awarded costs to our clients following the hearing of the argument on costs.

• Easement Matter

  Property

  Represented two elderly retirees who sought to prevent a developer from obtaining an easement to drain water through their properties pursuant to s 88K of the Conveyancing Act 1919 (NSW) in the Supreme Court of NSW unless certain conditions were met. The case involved negotiating complex terms of the easement and navigating the legal arguments raised by the developer. After engaging in mediation, the matter was settled with the clients successfully achieving their desired easement conditions.

• Easement Matter

  Property

  Assisted a client in obtaining an easement prior to seeking council consent for a development approval, resulting in a successful outcome for the client.

• Easement Matter

  Property

  Represented a client in a matter involving the acquisition of an easement to drain water over two neighbouring properties. The matter involved the negotiation of a boundary adjustment and the interpretation of relevant provisions under s 88K and 88B of the Conveyancing Act 1919 (NSW).

• Easement Matter

  Property

  Provided written legal advice on obtaining an easement to drain water over neighbouring properties, as a prerequisite for obtaining Development Consent. I also advised the client on the development proposal itself.

• Trespass and Nuisance

  Property

  Acted on behalf of a client who has reported significant instances of trespass and nuisance on their property.

• Forced Sale of Property

  Property

  Represented a registered proprietor of land in the Supreme Court of NSW in relation to an order of sale under section 66G of the Conveyancing Act 1919 (NSW). The property was involved in a proposed development between the parties. After negotiations, the parties agreed to the sale of the property and costs, and the court made orders to that effect.

• Advised on Water Rights

  Water

  Provided comprehensive legal advice on alleged breaches of the Water Management Act 2000 (NSW) and the Water Act 1912 (NSW). The advice covered the nature of the breaches, the relevant legal provisions, and the potential penalties. The advice also recommended strategies to address the situation, including negotiating with regulatory authorities and, if necessary, defending legal action.