Artboard 1Icons/Ionic/Social/social-pinterest

Bede Haines

Expertise

Bede undertakes a diverse range of work including litigating and advising on contractual disputes, trade practices disputes, property and corporate disputes and insolvency matters.

Experience

His experience includes:

  • acting for a large international software company in Federal Court of Australia proceedings concerning the implementation of software and infrastructure on a telecommunication company‚Äôs national network
  • advising private equity firms, including in respect of the exercise of contractual rights, matters affecting shareholders and investors, including appearing in commercial arbitration
  • advising on disputes concerning the exercise of contractual options, including call and put options, options to purchase and options to renew contractual obligations
  • providing advice in relation to sale of land disputes, including disputes with mortgagees, off-the-plan sales and the termination of contracts
  • advising corporate trustees of unit trusts, including in relation to the exercise of contractual rights
  • appearing for a publicly-listed media company in recent Supreme Court litigation concerning the exercise of contractual rights and misleading and deceptive conduct
  • Full Federal Court and High Court litigation concerning litigation funding
  • advising creditors in respect of their rights during insolvency and bankruptcy, including acting in Supreme and Federal Court applications.

Publications

08 October 2019 - Knowledge

Sale of land and cooling-off: Auctions and withdrawing a property

#Dispute Resolution & Litigation

A recent NSW case on the sale of residential land and cooling-off asks some interesting questions. When does an auction take place? What makes an auction commence? How is a property passed-in at auction? How does this differ from the property being withdrawn?

24 August 2017 - Knowledge

Is it repudiatory for a vendor to erroneously claim interest after issuing a notice to complete?

#Dispute Resolution & Litigation

Mehmet v Carter [2017] NSWSC 1067 Interest for delayed completion - A fraught situation can arise where a land sale contract fails to complete and where its terms entitle the vendor to interest on the balance of the purchase price if this failure was not the vendor’s fault (often regardless of whether it was also the purchaser’s fault)...

10 July 2017 - Knowledge

Deposits and sale of land – take care when increasing deposits under deeds of variation

#Dispute Resolution & Litigation

The story is familiar - a purchaser couldn’t complete a sale of land contract. The vendor agreed to reset the time for completion, but on terms. The purchase price increased and so too the deposit...