Profile

Representative examples of Matthew’s broad experience include:

Resources & Energy

> Acting for the plaintiff in a major resources dispute concerning ownership of and rights to coal seam gas leases.

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

> 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.

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.

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.

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.

> 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.

Regulatory & Administrative

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

> 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.

Mediation

> 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.

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

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 QC and Max Walker)

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