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Expertise

Alana is a Special Counsel in Holding Redlich’s Dispute Resolution and Litigation team in Melbourne.  Alana acts for corporations and individuals in complex commercial disputes and investigations. Alana has over 12 years’ experience conducting litigation in all Victorian courts and tribunals, the Federal Court of Australia and the High Court of Australia. Alana has also litigated matters in NSW and the ACT. 

Alana’s practice focuses on the following areas:

  • Corporate crime and regulatory investigations – foreign bribery, corruption, ASIC investigations, fraud
  • Retail and commercial leasing –  advising some of Australia’s largest retail and commercial landlords, shopping centre managers and tenants in matters of strategy, risk assessment and management, alternative dispute resolution and litigation
  • Property disputes – land valuations, market rent determinations and disputes relating to land/property
  • Deceased estates – testator family maintenance claims, testamentary capacity and competing wills
  • Commercial/contractual disputes - Corporations Act disputes, contract disputes, misleading and deceptive conduct claims, financial services disputes and consumer claims.

Experience

Since being admitted to practice in 2009, Alana has acted in a number of high profile disputes and investigations.

Some examples of her recent work include:

Corporate crime and regulatory investigations

  • acting for the former CEO of Note Printing Australia Limited in Australia’s first foreign bribery prosecution. Following a successful pre-trial stay application in the Supreme Court of Victoria which was overturned on appeal, criminal charges against Alana’s client were permanently stayed by the High Court: Strickland (a pseudonym) & Ors v Commonwealth Director of Public Prosecutions [2018] HCA 53
  • acting for a former employee of Sinclair Knight Merz (now Jacobs Group (Australia)) in a current foreign bribery prosecution in NSW
  • acting for companies and individuals in ASIC investigations
  • acting for individuals in AFP investigations relating to foreign bribery and corruption
  • acting for former Essendon FC staff and players in ASADA’s investigation into the use of banned substances

Retail and commercial leasing

advising and representing a number of Australia’s largest landlords and tenants in relation to all aspects of retail and commercial leasing disputes, including misleading and deceptive conduct claims, unconscionable conduct, disturbance, relocation and demolition claims, debt and general dispute resolution and the impacts of the COVID-19 pandemic on leases.

Property disputes

  • acting for a purchaser in respect of rescission of a sale contract resulting in proceedings commenced in the Supreme Court of Victoria
  • advising and representing landlords and tenants in market rent determinations
  • land tax and council rates valuation disputes involving complex commercial assets.

Deceased estates

  • acting for beneficiaries in a complex estate dispute involving issues of competing wills, testamentary capacity, family law and valuation of complex assets
  • acting for executors and beneficiaries in testator family maintenance claims.

Commercial/contractual disputes

  • acting in a long and complex litigation in the Supreme Court of Victoria involving penalties, equitable compensation for breach of fiduciary duty and freezing orders
  • acting for insurers, directors and officers in relation to disputes arising out of insurance contracts and deeds of indemnity (for example, Note Printing Australia Limited v Leckenby [2015] VSCA 105).


In 2013/2014, Alana spent a year working for ASIC as a lawyer in its Financial Services Enforcement team. Whilst at ASIC, Alana was involved in a number of investigations arising out of suspected breaches of the Corporations Act and the ASIC Act, particularly in relation to superannuation and self-managed super funds. In this role, Alana conducted numerous ASIC Act examinations of persons of interest, used ASIC’s compulsory powers to gather evidence from corporations and individuals and participated in the execution of an ASIC search warrant in conjunction with the Australian Federal Police. As a result of this work, Alana has gained a unique insight into ASIC’s enforcement operations and the way in which it approaches its investigations and prosecutions.

Membership

Law Institute of Victoria

Publications

09 February 2022 - Knowledge

Extension of Victoria’s Commercial Tenancy Relief Scheme to 15 March 2022

#Property, Planning & Development

The Victorian Government has released new regulations to extend the Commercial Tenancy Relief Scheme to support small and family businesses impacted by COVID-19. We highlight the key changes for eligible tenants and landlords.

17 January 2022 - Knowledge

Victoria’s Commercial Tenancy Relief Scheme set to be extended

#Property, Planning & Development, #COVID-19

In a press release issued on 15 January 2022, the Victorian Government announced that the Commercial Tenancy Relief Scheme will be extended until 15 March 2022 in response to the Omicron wave of COVID-19.

26 August 2021 - Knowledge

Victoria’s 2021 Commercial Tenancy Relief Scheme – a summary

#Property, Planning & Development, #COVID-19

Our ongoing commentary on the Victorian Government's Commercial Tenancy Relief Scheme.

04 August 2021 - Knowledge

Update: Victorian Government reintroduces COVID commercial tenancy relief scheme

#Property, Planning & Development, #COVID-19

We outline the key points covered in the Victorian Government’s Commercial Tenancy Relief Scheme Bill 2021 and explore which tenants will likely be eligible for the scheme.

24 March 2021 - Knowledge

Corporate crime, anti-bribery and corruption in Australia – March 2021 quarterly update

#Dispute Resolution & Litigation, #Royal Commissions & Commissions of Inquiry

We highlight some of the key legislative updates and other legal developments in the Australian corporate crime and anti-bribery space in the last quarter, including the latest on the Crown Resorts Inquiries.

17 February 2021 - Knowledge

Application of the Commercial Tenancy Relief Scheme in Victoria

#Property, Planning & Development, #COVID-19

We examine three recent decisions of the Victorian Civil and Administrative Tribunal regarding the application of the Commercial Tenancy Relief Scheme to retail leases in Victoria.

10 February 2021 - Knowledge

When the general becomes personal – Westpac, ASIC and the meaning of personal advice

#Superannuation, Funds Management & Financial Services, #Dispute Resolution & Litigation

The High Court has clarified what constitutes personal financial product advice in an important decision for the financial services industry and retail consumers.

21 October 2020 - Knowledge

Corporate crime in Australia 2020

#Dispute Resolution & Litigation

We provide a snapshot of recent changes that may impact Australia’s corporate crime regime, including proposed legislative reforms and a review by the Australian Law Reform Commission.

Upcoming Seminars