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Alana Giles | Snr Associate | Melbourne

Dispute Resolution & Litigation, Regulatory & White Collar Crime Defence, Property & Real Estate, Leasing

T: +61 3 9321 9996

E: alana.giles@holdingredlich.com

Alana is a Senior Associate in the Melbourne Dispute Resolution and Litigation team. Alana acts for corporations and individuals in complex commercial disputes and investigations. Alana has conducted litigation in all Victorian courts and tribunals (including in the Court of Appeal) and in the Federal Court of Australia.

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 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 or 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.

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
  • acting for persons of interest in ASIC investigations
  • acting for persons of interest 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 Scentre Group (owner and manager of Westfield shopping centres in Australia) in relation to retail leasing disputes
  • advising and representing ISPT in relation to retail and commercial leasing disputes.

Property disputes

  • acting for a purchaser in proceedings commenced in the Supreme Court of Victoria by a vendor to recover an unpaid deposit under a contract for the sale of real estate
  • representing landlords and tenants in market rent determinations.
    Deceased estates
  • acting for beneficiaries in a complex estate dispute involving issues of competing wills, testamentary capacity, family law and valuation of 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.

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