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Toby Boys

LLB (Hons), BA, Accredited Specialist in Commercial Litigation - Queensland Law Society, Accredited Mediator - Queensland Law Society

Partner - Brisbane

Areas of Expertise

Dispute Resolution & Litigation, Competition & Consumer Law, Intellectual Property, Startups & Emerging Enterprises

Expertise

Toby is a Partner in the Dispute Resolution & Litigation group.  He is an Accredited Specialist in Commercial Litigation with the Queensland Law Society (QLS) and is former a member of the QLS’ Commercial Litigation Specialist Accreditation Advisory Committee.  

Toby has been listed in the 2017 to 2021 editions of Best Lawyers in Australia for Alternative Dispute Resolution, Commercial Law and Litigation. He is also recognised in the 2018 to 2020 editions of Doyles Guides as a recommended and leading lawyer in Commercial Litigation & Dispute Resolution for Queensland, and has been listed as a recommended lawyer for Commercial Litigation in The Legal 500 Asia Pacific. 

Toby is also a National Accredited Mediator and has been acting as a mediator and facilitator for nearly 20 years. He is currently the Chair of the QLS Alternative Dispute Resolution Committee. Toby is recognised in the 2020 edition of Doyles Guide as leading Mediator for Queensland. He is regularly appointed by parties and nominating authorities to act as an independent mediator and facilitator. He was formerly a dispute resolution adviser with Europe’s largest ADR organisation, the Centre for Effective Dispute Resolution (CEDR), in London.  

Experience

Toby acts for clients in commercial dispute resolution matters in courts, tribunals and arbitrations including in mining, property and leasing, commercial, corporate, insolvency, intellectual property, regulatory inquiries and mediations.

His experience includes the following:

Mining

  • acting for a Queensland mining company in unique Land Court compensation proceedings arising from special purpose legislation enacted by the Queensland Parliament
  • acting for parties in a large, complex mining joint venture dispute in the Queensland Supreme Court
  • acting for mining companies in a coal terminal pricing review arbitration
  • assisting in representing an international mining company in a dispute against a rail operator arising from rail contracts. 
  • Property and Leasing 
  • advising large landlord clients in relation to a range of  issues, including tenant compensation claims arising from redevelopments and rent reviews, and issues arising from tenant insolvency and recovery of  premises
  • acting for large international and domestic franchise systems in a retail lease disputes.

Commercial

  • acting for an engineering company in relation to disputes arising from an EPCM contract with Chinese and Australian companies
  • acting for a Chinese company in a Hong Kong International Arbitration in relation to iron ore commodities contracts
  • acting for a solar industry supplier in relation to claims made about defective products
  • advising a rural property owner in relation to the terms of  a sharefarming agreement.


Corporate

  • acting for the plaintiff shareholders in a shareholder oppression claim related to a mining joint venture company
  • acting in a winding-up application based on ‘just and equitable’ grounds
  • advising a shareholder in relation to a claim for breach of  a shareholders agreement and bad faith
  • advising a shareholder in relation to an application for access to company books and records and rectification of  the share register
  • advising a party in relation to membership rights in a company limited by guarantee. 

Inquiries

  • acting for a bulk water authority and the senior engineer in the Queensland Floods Commission of  Inquiry 2011 including issues in relation to the operation of  Wivenhoe Dam.

Toby also has experience in financial services and regulation having previously worked in the Enforcement Division of the UK’s Financial Services Authorities on major market abuse and insider dealing investigations.

Insolvency

  • advising administrators and liquidators, including the liquidator of  a mining exploration company in relation to proof  of  debt appeals and a shareholders dispute
  • advising a liquidator in relation to the issues arising in the liquidation of  a vocational education training (VET) company
  • advising directors in relation to ASIC investigations, including section 19 ASIC Act investigations
  • acting for directors and other parties to defend claims by liquidators, banks and regulators following insolvency events, including for preference claims, uncommercial transactions, enforcement of securities and guarantee disputes
  • advising parties in relation to prosecuting and defending debt recovery and enforcement proceedings, including statutory demand disputes and winding-up in insolvency proceedings applications. 

Mediation

Toby has extensive mediation and facilitation experience in both Australia and the UK and has acted as a mediator or facilitator in a wide range of areas including: 

  • Commercial and business disputes of all types and size 
  • Competition and Consumer law matters (e.g. misleading and deceptive conduct and unconscionable conduct claims)
  • Shareholders, joint venture and partnership disputes, including disputes between directors and senior managers
  • Property and leasing (former member of the QCAT Retail Shop Leases mediation panel)
  • Franchising Code and Oil Code (current member Office of the Franchising Mediation Adviser panel of mediators for franchising and oil code matters
  • Intellectual Property (current member of the panel of mediators for IP Australia’s Mediation Referral Service Register)
  • Corporate insolvency and bankruptcy matters, including mediating claims made by liquidators and bankruptcy trustee
  • Employment related matters, including disputes about restraints of trade and confidential information

Toby has also been engaged as a mediation trainer and coach for a number of organisations such as the University of Queensland, Resolution Institute and The Real Estate Institute of Queensland (REIQ).

Publications

04 November 2020 - Knowledge

Force majeure and COVID-19 – is the pandemic enough?

#Dispute Resolution & Litigation, #COVID-19

A recent judgment from NSW highlights that it will not be enough to simply point to the pandemic as a complete basis for failing to meet contractual obligations.

28 October 2020 - Knowledge

Shareholder disputes: How to avoid an ugly corporate divorce

#Corporate & Commercial Law, #Dispute Resolution & Litigation

COVID-19 has brought a spike in shareholder disputes and now is a good time to reflect on key issues that business owners can consider when taking a shareholding in a private Australian company. In this article, we set out some points to assist shareholders avoid a painful corporate divorce.

14 October 2020 - Knowledge

COVID-19 and the virtual courtroom – is technology a friend or foe?

#Dispute Resolution & Litigation, #COVID-19

We consider the range of steps taken by Australian courts and the legal profession broadly to utilise technology in this unprecedented era, and analyse the benefits and challenges of the 'virtual courtroom'.