Profile

Representative examples of Matthew’s broad experience include:

Resources & Energy

> Acting for the plaintiff in a multi-year, multi-party resources dispute concerning ownership of and rights to coal seam gas leases.

> Acting for the plaintiff in relation to a claim for a disputed coal mining royalty.

> Acting for the owner of a power station in recovery claims flowing from a catastrophic generator accident.

> Acting for a government agency in relation to the production and protection of confidential documents in a major mine dispute.

> Acting for a global miner in disputes against a joint venture partner concerning alleged breaches of offtake and other agreements.

> Acting in arbitration for an electrical contractor in relation to the construction of high voltage power infrastructure to a mine site.

> Acting in a separate arbitration for the supplier of ventilation equipment for an underground coal mine.

> Acting for a mining junior in a claim against a joint venture partner in relation to farm in agreements.

> Acting in a professional negligence claim for the designers of a thermal power plant.

> Acting for a government-owned power utility in claims regarding load management faults.

> Acting for a global engineering firm in relation to the safety and design of nickel refining infrastructure.

> Acting for the supplier of substantial drilling equipment in relation to the performance and operation of a mobile drilling platform.

> Acting for the operator of bulk earthmoving equipment arising from defective components causing personal injury.

> Acting for the lessee of bulk earthmoving equipment in a finance dispute following allegations of inadequate performance of equipment on a Pilbara mine site.

Building & Construction

> Acting in proceedings upholding or challenging adjudicators’ decisions, particularly those turning on the interpretation of the Queensland Building and Construction Commission Act 1991.

> Acting for a project builder in a substantial claim against a developer/owner of a coastal resort for variations, delay damages and other relief and separately for a developer of a mixed use site against a builder.

> Acting for a contractor in an arbitration against a major mining infrastructure firm, including variation and programming disputes.

> Advising and acting for a major Australian not-for-profit organisation in relation to damage to an inner-city building.

Trusts, Equity & Estates

> Acting and advising in proprietary and promissory estoppel claims over family farming and business assets, including claims to control or bind corporate trustees and to restrain the fettering of a trustee’s discretion.

> Acting in constructive trust and equitable tracing claims arising from failed joint endeavours and investment frauds, including freezing orders and the recovery of trust property from knowing recipients.

> Acting in disputes over the removal and replacement of trustees, statutory trustees for the sale of co-owned land, and applications for a trustee’s judicial advice and directions.

> Advising on the scope of trustees’ distributive powers, breach-of-trust claims and defences, and the use of trust structures as settlement leverage.

Wills, Estates & Succession

> Acting and advising in family provision applications, including claims by adult children and applicants with a disability.

> Advising on the construction of wills and testamentary trusts, statutory wills for persons lacking capacity, and the removal of executors for delay or self-dealing.

> Acting in disputes over the administration of deceased estates, and in questions concerning capacity, enduring powers of attorney and elder financial abuse, especially for high net worth families.

Corporate & Shareholder Disputes

> Prosecuting and defending oppression proceedings and applications to wind up companies on the just and equitable ground, including quasi-partnership deadlocks.

> Acting in statutory derivative actions and in claims for breach of directors’ duties, misuse of position or information, and the diversion of corporate opportunities.

> Advising on shareholders’ and unitholders’ agreements, pre-emptive rights, drag-along and compulsory-sale clauses, and questions of de facto and shadow directorship.

Real Property & Land

> Acting in disputes over caveats and competing equitable interests, adverse possession, easements and statutory rights of user, restrictive covenants and building encroachment.

> Acting in mortgagee recovery and possession proceedings, relief against forfeiture of leases, and applications to restrain or set the terms of a mortgagee’s power of sale.

> Advising on options over land, rights of pre-emption and first rights of refusal, and specific performance of contracts for the sale of land.

Consumer Protection & Misleading Conduct

> Acting in claims for misleading or deceptive conduct and representations as to future matters under the Australian Consumer Law, including accessorial liability.

> Acting in statutory unconscionable conduct and unfair contract term claims, and in unconscionable dealing and undue influence cases involving vulnerable guarantors and elderly clients.

> Advising on the recovery of losses from investment, property and migration-linked schemes, including claims combining misleading conduct, fraud, restitution and constructive trust.

Contract & Commercial

> Advising on and litigating the construction of complex commercial contracts, guarantees, deeds and settlement agreements.

> Acting in claims for repudiation and wrongful termination, penalties and liquidated damages, restraint of trade, and loss-of-bargain and loss-of-opportunity damages.

> Acting in restitution and quantum meruit claims for work done under failed or abandoned agreements.

Professional Negligence

> Acting for a valuer in a negligence claim brought by a managed investment scheme and separately for a valuer in a claim arising from the collapse of an international investment group.

> Acting for receivers in a public examination in relation to the examinable affairs of the responsible entity of a managed investment scheme.

> Acting for a national firm of solicitors in defence of professional negligence proceedings brought by the receivers of former property developer.

> Professional negligence claims for and against solicitors, financial planners, surveyors, quantity surveyors, and other professionals, including advice as to pending and potential class actions.

Insolvency & Bankruptcy

> Acting in the advancement, and defence, of numerous unfair preference and uncommercial transaction proceedings.

> Advising on and appearing in proceedings seeking judicial advice on behalf of liquidators and receivers.

> Appearing in Full Court proceedings concerning interpretation of certain provisions of the Bankruptcy Act 1966.

> Acting for liquidators in proceedings (including appellate proceedings) concerning disputed adjudications of proofs of debt.

> Acting in proceedings seeking the winding up of companies on various grounds, including at appellate level.

> Provision of advice to creditors of insolvent companies and of bankrupt estates as to their rights and remedies.

> Acting in applications to set aside statutory demands for genuine dispute or offsetting claim, and in winding-up applications resisted on solvency or abuse-of-process grounds.

> Acting in voidable transaction, unfair preference, uncommercial transaction and insolvent trading proceedings, and in claims concerning unperfected security interests vesting on insolvency under the PPSA.

> Advising liquidators and receivers on the approval of the exercise of powers and remuneration, examinations under Part 5.9, and the corporate trustee’s right of indemnity on insolvency.

> Advising on directors’ duties to creditors and the treatment of creditors’ interests in the twilight of solvency.

Banking & Financial Services

> Acting for a court-appointed receiver in an action against former directors of a registered managed investment scheme.

> Acting for a bank in a financial services class action.

> Advising litigation funders and prospective representatives on securities and continuous-disclosure class actions, including the reasonable-grounds and future-representation issues.

> Acting on the substitution of an inadequate lead applicant, standing and the curing of irregular commencement under Part IVA.

> Acting for banks and credit unions in recovery actions against borrowers and guarantors.

> Acting for guarantors in defence of recovery actions by lenders, including banks and mezzanine lenders.

> Acting for lenders and for guarantors in recovery actions, including the surety’s special equity, co-surety contribution, charging clauses in guarantees, and the discharge of sureties by the creditor’s conduct.

> Advising on the enforceability and priority of mortgages, general security agreements and guarantor charges, including on insolvency.

Administrative & Public Law (and Migration)

> Acting in judicial review of migration decisions in the Federal Court and the Federal Circuit and Family Court, including visa-cancellation and non-revocation decisions, protection-visa and fast-track reviews, and questions of jurisdictional error, legal unreasonableness and procedural fairness.

> Appearing in merits review in the Administrative Appeals Tribunal, and advising on the adequacy of statements of reasons, the duty to inquire and the fettering of statutory discretions.

> Acting in judicial review and statutory appeals concerning professional registration and discipline.

Regulatory

> Acting for a bank in defence of regulatory proceedings brought by ASIC.

> Acting for ASIC in a penalty proceeding against an insurer.

> Appearing at examinations under s 19 of the ASIC Act.

> Acting in a number of judicial review applications under the Migration Act 1958.

> Advice to solicitors and to their insurers as to the proper response to early stage claims.

Insurance

> Acting for a government agency in claims for allegedly deficient electricity supply and consequential loss.

> Acting for the insurer of a horticultural enterprise in relation to allegedly deficient products.

> Acting for insureds (including a bank, farmers and builders) in disputes as to the extent of cover under policies of insurance, including at appellate level.

> Acting for insurers in subrogated recovery actions.

> Acting in a proceeding for a receiver against an insurer for declaratory relief under the Insurance Contracts Act 1984.

Business Disputes

> Acting in claims (including expert determination proceedings) seeking specific performance or enforcement of business contracts.

> Acting for franchisors and franchisees (including at appellate level).

> Advice as to the proper construction and enforcement of body corporate service agreements, sponsorship agreements, business service agreements, property development agreements/joint venture agreements and other forms of contractual relationships and acting in proceedings arising from those disputes.

> Prosecuting and defending oppression actions and applications to wind up companies on the just and equitable ground, and joint venture disputes.

Intellectual Property

> Acting for a grower in Federal Court proceedings under the Plant Breeders’ Rights Act 1994.

> Advising on and acting in numerous claims for the protection of confidential information and other intellectual property rights.

> Advising on and acting in trade mark and patent infringement proceedings.

> Acting in trade mark opposition and appeals from the Registrar, registered design infringement, and domain-name disputes.

> Acting in copyright and confidential-information claims, including software and business data taken by a departing director, and in “springboard” and passing-off claims.

Mediation / Arbitration / ADR

> Acting as a party representative in many proceedings, including resources claims, proceedings brought under the Property Law Act 1974, business disputes, guarantee claims, family provision claims, commercial elements of matrimonial property disputes and professional negligence claims, among others.

> Acting as mediator in guarantee, commercial lease, loan recovery, family provision, franchising and employment claims.

> Acting as counsel in domestic and institutional (including ACICA) commercial and construction arbitrations, and accepting appointments as arbitrator.

> Sitting as an adjudicator, and appearing in proceedings challenging and enforcing adjudication decisions, under the security-of-payment legislation.

Publications

Matthew is a regular presenter and writer on the law of construction, insolvency and professional negligence as well as on the mechanisms of Alternative Dispute Resolution and pro bono work. Examples topics he covers include:

> Strategies for a Successful Mediation

> Drafting deeds and settlement agreements

> Evidence in Queensland – Thomson Reuters Practical Law paper (with Andrew Crowe KC and Max Walker)

> Mediation and ADR in Queensland –Thomson Reuters Practical Law paper (with Andrew Crowe KC and San-Joe Tan)