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Expertise

Toby is a Partner in the Dispute Resolution & Litigation group. He is an Accredited Specialist in Commercial Litigation with the Queensland Law Society (QLS) and is a member of the QLS’ Commercial Litigation Specialist Accreditation Advisory Committee. 

Toby’s expertise is recognised by clients and peers by being named in the 2016 and 2017 editions of Best Lawyers in Australia for both Alternative Dispute Resolution and Litigation, recommended in the 2015, 2016 and 2017 Doyles Guide for ‘Leading Commercial Litigation & Dispute Resolution’ lawyers and recommended for commercial litigation in The Legal 500 Asia Pacific. 

Toby is also a National Accredited Mediator and has been mediating for more than 16 years. He is currently the Chair of the QLS Alternative Dispute Resolution Committee. Toby 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. 

Experience

Toby acts for clients in commercial dispute resolution matters in courts, tribunals and arbitrations including in mining, property and leasing, commercial, corporate and insolvency and intellectual property. 

His experience includes the following: 

Mining

  • 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
  • assisting in representing an international mining company in a dispute against a rail operator arising from rail construction and access contracts.

Property and Leasing

  • advising large landlord clients in relation to a range of issues, including tenant compensation claims arising from redevelopments and rent reviews, and issues arising from tenant insolvency and recovery of premises
  • acting for large international and domestic franchise systems and commercial tenants in a retail and commercial lease disputes.

Commercial

  • 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
  • acting for a solar industry supplier in relation to claims made about defective products.

Corporate

  • acting for the plaintiff shareholders in a shareholder oppression claim related to a mining joint venture company 
  • acting for the plaintiff shareholder in a winding-up application based on ‘just and equitable’ grounds
  • advising a shareholder in relation to a claim for breach of a shareholders agreement and bad faith
  • advising a shareholder in relation to an application for access to company books and records and rectification of the share register 
  • advising a party in relation to membership rights in a company limited by guarantee.

Insolvency

  • advising administrators and liquidators, including the liquidator of a mining exploration company in relation to proof of debt appeals and a shareholders dispute
  • advising a liquidator in relation to the issues arising in the liquidation of a vocational education training (VET) company
  • advising directors in relation to ASIC investigations, including section 19 ASIC Act investigations
  • acting for directors and other parties to defend claims by liquidators, banks and regulators following insolvency events, including for preference claims, uncommercial transactions, enforcement of securities and guarantee disputes
  • advising parties in relation to prosecuting and defending debt recovery and enforcement proceedings, including statutory demand disputes and winding-up in insolvency proceedings applications. 

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.

Publications

18 April 2018 - Blog

Australian companies take note: You could be liable for failing to prevent your associates from engaging in foreign bribery

#Dispute Resolution & Litigation

Australian companies who conduct business abroad need to be aware of the imminent substantial change to the law regarding foreign bribery offences. If Australian companies fail to prevent their associates from engaging in foreign bribery, they could be subject to large penalties.

12 February 2018 - Blog

Key cases that transformed the legal landscape in 2017 - and how they will impact your business

#Dispute Resolution & Litigation

With 2017 now behind us, it is timely to reflect upon significant decisions in the past year which will impact your business. From a record award of damages for defamation, to the first decision under...

22 January 2018 - Blog

Why executives - and former executives - in the banking, superannuation and financial services sectors should be on standby for scrutiny

#Dispute Resolution & Litigation

As the business world kicks into action for the new year, there may have been little rest over the holidays for directors and officers in the banking, superannuation and financial services industry.