Toby Boys

• acting and advising on a wide range of commercial contract disputes and related areas, such as claims in equity, estoppel, restitution and Australian Consumer Law
• acting for an engineering company in relation to disputes arising from an EPCM contract with Chinese and Australian companies
• a Hong Kong International Arbitration in relation to iron ore commodities contracts
• solar industry supplier proceeding in relation to claims made about defective products
• rural property owner in relation to the terms of a share farming agreement.

• shareholders oppression claims
• winding-up applications, including in insolvency and on ‘just and equitable’ grounds
• claims regarding shareholders agreements and company constitutions
• applications for access to company books and records and rectification of the share register
• actions involving alleged breach of director duties and members rights
• advising external administrators and liquidators on procedure, claims and other legal issues arising in the insolvency proceedings, such as debts, voidable transactions and proofs of debt
• 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
• applying for and defending debt recovery and enforcement proceedings, including statutory demand disputes and winding-up in insolvency proceedings applications.

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 and demergers
• property and leasing (including being a former member of the QCAT Retail Shop Leases mediation panel)
• Family business and small business disputes, including in relation to ownership and control disputes
• 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).

• a Queensland mining company in unique Land Court compensation proceedings arising from special purpose legislation enacted by the Queensland Parliament
• joint venture parties in a complex and long-running mining JV dispute in the Queensland Supreme Court
• Mining Lease Objection hearings for applicant mining companies
• a coal terminal pricing review arbitration for mining companies who are users of the terminal
• an international mining company in a dispute against a rail operator arising from rail contracts.

• property development, options and sale contract disputes for developers and third parties (such as neighbouring property owners)
• proceedings to appointment and in relation to statutory trustees for sale of land and for the division of land
• 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.

• 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.
• acting as the Court-appointed "Independent Solicitor" on an Anton Piller (i.e. Search) order in a confidential information matter
• Insider trading and director’s duties investigations by ASIC.

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.

• acting for trustees on disputes arising in relation to the administration of trusts, including for example the replacement of trustees
• advising beneficiaries on rights under trust deeds and in relation to issues such as the due administration of the trust.