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Alana Giles

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

13 May 2020 - Knowledge

Update: Retail and commercial leases in the ACT and COVID-19 – regulations

#Property & Real Estate, #Dispute Resolution & Litigation, #COVID-19

On 12 May 2020, the ACT Government published a Declaration with respect to retail and commercial leases which gives effect to the National Cabinet's Mandatory Code of Conduct. In this article, we explain the key points of the Declaration and the matters which ACT landlords and tenants should be mindful of.

13 May 2020 - Knowledge

COVID-19 and retail/commercial leases: legislation compendium

#Property & Real Estate, #COVID-19

As the legislation governing the landlord and tenant relationship continues to emerge in response to the COVID-19 crisis, we’re continuing to review the legislation across the states for you. Our compendium provides a picture so far and we will continue to update it as new regulations are passed.

04 May 2020 - Knowledge

Update: Retail or commercial leases in Victoria and COVID-19 – regulations

#Property & Real Estate, #Dispute Resolution & Litigation, #COVID-19

On 1 May 2020, following the recent enactment of the COVID-19 Omnibus (Emergency Measures) Act in April, the Victorian Government has published regulations with respect to commercial leases and licences which give effect to the National Cabinet’s Mandatory Code of Conduct.

28 April 2020 - Knowledge

Retail or commercial leases in Victoria and COVID-19 – what the new legislation means

#Property & Real Estate, #COVID-19

On 23 April 2020, the Victorian Parliament passed the eagerly anticipated COVID-19 Omnibus (Emergency Measures) Act 2020, the purpose of which is to modify certain laws in Victoria for the purposes of responding to the COVID-19 pandemic.

21 April 2020 - Knowledge

SA and WA lead the way with legislation to start giving effect to the Leasing Code

#Property & Real Estate, #Dispute Resolution & Litigation, #COVID-19

On 3 April 2020, the National Cabinet announced a Mandatory Code of Conduct for dealings between landlords and tenants during the COVID-19 pandemic, which we discussed in a previous article.

05 February 2020 - Knowledge

Australia struggles to improve global corruption perception ranking

#Dispute Resolution & Litigation

National foreign bribery legislation, consistently criticised as being narrow in scope and inadequately enforced, could be in line for a shake-up following the release of the latest Corruption Perceptions Index by Transparency International that has shown Australia sitting in 12th place. We examine the rankings and look at how Australia can strengthen its anti-corruption regime in 2020.

10 December 2019 - Knowledge

Tribunal rules retail landlords cannot claw back fit-out costs from defaulting tenants

#Dispute Resolution & Litigation

We examine a recent Tribunal decision in Victoria regarding a landlord’s ability to claw back a fit-out contribution paid to a tenant upon early termination of a lease.

26 November 2019 - Knowledge

Reconfirming retail: Court overturns tribunal decision on leases falling out of the Retail Leases Act

#Dispute Resolution & Litigation

The Supreme Court of Victoria recently overturned a Tribunal decision on leases ‘jumping out’ of the Retail Leases Act during the lease term. We examine the case in detail.

18 July 2019 - Knowledge

Barrier to recovery of outgoings

#Dispute Resolution & Litigation

The decision handed down by VCAT last week in Phillips v Abel [2019] VCAT 1031 has significant implications for landlords and tenants of retail premises in Victoria with respect to the recovery of and liability for outgoings.