Toby is a Partner in the Dispute Resolution & Litigation group and is recognised by the Queensland Law Society (QLS) as an Accredited Specialist in Commercial Litigation.
Toby is a recognised industry expert in dispute resolution and has been named in Best Lawyers for both Alternative Dispute Resolution and Litigation in the 2017 and 2018 editions. He is also recommended in the 2015 Doyles Guide and The Legal 500 Asia Pacific 2014. Toby is a member of the QLS Commercial Litigation Specialist Accreditation Advisory Committee.
Toby is also a National Accredited Mediator and has been mediating for more than 15 years. He is regularly appointed by parties and nominating authorities to act as an independent mediator and facilitator. He was formerly a dispute resolution adviser with Europe’s largest ADR organisation, the Centre for Effective Dispute Resolution (CEDR), in London. Toby is currently the Chair of the QLS Alternative Dispute Resolution Committee.
Toby acts for clients in commercial dispute resolution matters in courts, tribunals and arbitrations including in mining, property and leasing, corporate and insolvency, commercial matters and intellectual property.
His experience includes the following:
- acting for a Queensland mining company in unique Land Court compensation proceedings arising from special purpose legislation enacted by the Queensland Parliament
- acting for parties in a large, complex mining joint venture dispute
- acting for mining companies in a coal terminal pricing review arbitration.
Property and Leasing
- advising large landlord clients in relation to a range of issues, including tenant compensation claims arising from redevelopments
- acting for large international and domestic franchise systems in retail lease disputes.
- acting for an engineering company in relation to disputes arising from an EPCM contract with Chinese and Australian companies
- acting for a Chinese company in a Hong Kong International Arbitration in relation to iron ore commodities contracts.
Corporate and Insolvency
- advising a shareholder in a mining exploration joint venture company in relation to a shareholders oppression action
- acting for a shareholder in a winding-up application based on ‘just and equitable’ grounds
- advising administrators and liquidators, including the liquidator of a mining exploration company in relation to proof of debt appeals and a shareholders dispute
- acting for directors and other parties to defend claims by liquidators, banks and regulators following insolvency events, including enforcement of security and guarantee disputes.
Commissions of Inquiry
- 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.
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.