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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, Royal Commissions & Commissions of Inquiry, White Collar Crime & Regulatory Investigations, Corporate Restructuring & Insolvency

Contact Toby

+61 7 3135 0649 toby.boys@holdingredlich.com Connect

Expertise

Toby 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 2024 editions of The Best Lawyers in Australia for Alternative Dispute Resolution, Commercial Law and Litigation. He is also recognised in the 2018 to 2020 and 2023 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 20 years. He is currently the Chair of the QLS Alternative Dispute Resolution Committee and is a Member of the Law Council’s ADR 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.

Corporate and insolvency

  • 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
  • acting for board members in a Supreme Court proceeding regarding validity of  director and annual general meetings
  • 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 a significant investigation into alleged breaches of the "insider trading" provision of the Corporations Act
  • 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.

Commercial

  • acting as the Court-appointed "Independent Solicitor" on an Anton Piller (i.e. Search) order in a confidential information matter 
  • 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.

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 an international franchisor in a retail lease disputes.

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.

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).

View Toby's full mediation experience here.

Publications

08 November 2023 - Knowledge

A plea to parties: Timely and effective use of mediation in commercial disputes

#Dispute Resolution & Litigation

As an experienced mediator and litigator, partner Toby Boys shares his views on why parties in commercial disputes should consider engaging in mediation at an early stage and adopt a proactive approach to alternative dispute resolution to save costs.

03 October 2023 - Knowledge

Restraint of trade in settlement deeds

#Dispute Resolution & Litigation

The NSW Court of Appeal finds that the restraint of trade doctrine applies, with some modification, to restraints agreed in the settlement of disputes over the enforceability of restraint of trade clauses.

01 August 2023 - Knowledge

‘Business as usual’: Doctrine of frustration in sale of business contracts

#Dispute Resolution & Litigation, #Corporate & Commercial Law

The High Court has recently considered the doctrine of frustration in the context of a sale of business contract which required the seller to carry on the business “in the usual and ordinary course” until completion, notwithstanding COVID-19 restrictions.

19 April 2023 - Knowledge

Received a statutory demand? Consider these three proven grounds to dispute the debt

#Dispute Resolution & Litigation

This article discusses the grounds on which a company can apply to have a statutory demand set aside, the application process and the potential outcomes of an application.

15 March 2023 - Knowledge

Debt and finance disputes on the rise: How your business can balance its litigation risk

#Dispute Resolution & Litigation, #Corporate Restructuring and Insolvency

There has been an uptick in the number of inquiries regarding dispute about debts, distressed companies, assets and insolvency following years of COVID-19 stress and economic downturn. This article highlights various measures creditors, debtors and guarantors can take in these circumstances.

22 February 2023 - Knowledge

High Court rejects ‘peak indebtedness rule’ in unfair preferences case

#Corporate Restructuring and Insolvency, #Dispute Resolution & Litigation

The High Court has abolished the “peak indebtedness rule”, meaning that the liquidator is no longer at an advantage when the court is determining whether a transaction between a company and its creditor is voidable as an unfair preference.

27 September 2022 - Knowledge

Court says to avoid ‘commercial nonsense’ when interpreting dispute resolution clauses

#Dispute Resolution & Litigation

A recent Supreme Court case in Queensland provides valuable insights into how dispute resolution clauses are interpreted and the court’s attitude towards parties attempting to circumvent these clauses.

10 August 2022 - Knowledge

Twitter seeking ‘specific performance’ against Elon Musk for breach of contract – what does it all mean?

#Dispute Resolution & Litigation

When a commercial agreement breaks down, the party trying to back out of the deal is normally made to compensate the other party for breaking the deal. However, in exceptional circumstances, a court can make an order of specific performance which requires the parties to fulfil their obligations under the agreement.

20 April 2022 - Knowledge

Alternative Dispute Resolution: How can your organisation use ADR clauses to settle disputes?

#Dispute Resolution & Litigation

In this third instalment of a series on dispute resolution as a practical alternative to costly litigation, we look at the practical application of Alternative Dispute Resolution systems and the critical role they play in the commercial world.

09 March 2022 - Knowledge

ATO obtains a $220 million freezing order in takeover deal with energy giants

#Dispute Resolution & Litigation, #Taxation

A recent Federal Court decision has demonstrated that the Commissioner of Taxation can seek freezing orders to enforce tax debts against overseas parties.

Upcoming Seminars

07 Dec 23 - Brisbane

The gift of caselaw at Christmas – Holding Redlich’s review of the most important construction cases of 2023

Join our Brisbane Construction, Infrastructure & Projects team as they count down the construction cases that mattered in 2023. Our presenters will look at the facts of each case, the decision, the lessons to be learnt and what they mean in a practical sense for the industry as we move into 2024.

Register now

07 Dec 23

Greenwashing and sustainability in ports | Ports series 2023

To help you understand greenwashing and the regulatory risks associated with non-compliance, Partner, Joanne Jary will discuss the risks, law and enforcement action examples to learn from. While with mandatory sustainability reporting on the way, Partner, Vanessa Maruna will discuss sustainability in the ports sector, proposed reporting standards and what ports need to do to be ready for the mandatory reporting.

Register now

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