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Toby Boys

LLB (Hons), BA, Accredited Specialist in Commercial Litigation - Queensland Law Society, Accredited Mediator - Queensland Law Society

Partner - Brisbane

Areas of Expertise

Dispute Resolution & Litigation

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, 2017 and 2018 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 18 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, insolvency, intellectual property, regulatory inquiries and mediations.

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.

Mediation

Toby has extensive mediation and facilitation experience in both Australia and the UK and has acted as a mediator or facilitator in a wide range of areas including: 

  • commercial and business disputes of all types and size 
  • competition and consumer law matters (e.g. misleading and deceptive conduct and unconscionable conduct claims)
  • shareholders, joint venture and partnership disputes, including disputes between directors and senior managers
  • property and leasing (former member of the QCAT Retail Shop Leases mediation panel)
  • franchising code and oil code (current member Office of the Franchising Mediation Adviser panel of mediators for franchising and oil code matters
  • intellectual property (current member of the panel of mediators for IP Australia’s Mediation Referral Service Register)
  • corporate insolvency and bankruptcy matters, including mediating claims made by liquidators and bankruptcy trustee
  • employment related matters, including disputes about restraints of trade and confidential information.

Toby has also been engaged as a mediation trainer and coach for a number of organisations such as the University of Queensland, Resolution Institute and The Real Estate Institute of Queensland (REIQ).

Publications

15 November 2016 - Knowledge

A class act: Queensland’s class action regime passed

#Dispute Resolution & Litigation

The Queensland Parliament has passed legislation to introduce a class action regime in the Queensland Supreme Court...

18 October 2016 - Knowledge

VET funding: What you need to know now about the VET Student Loans Bill 2016

#Dispute Resolution & Litigation

The Commonwealth government has announced that it intends to replace the VET FEE-HELP scheme with the VET Student Loans scheme (the scheme) from 1 January 2017...

26 July 2016 - Knowledge

New High Court case: Landlord’s promise to renew leases does not give rise to collateral contract or promissory estoppel

#Dispute Resolution & Litigation

A majority of the High Court recently held that the Victorian Court of Appeal erred in finding that a statement made by a commercial landlord to a tenant that it would be looked after at renewal time ...