SOLUTIONS
Disputes Legal is led by Kevin Morgan and solutions with which he is associated include:
- Resolve court claim against accountant for professional negligence.
- Recover compensation from auditor for negligence in not detecting fraud.
- Dismiss claim to restrain regulator’s use of powers to compel self-disclosure.
- Obtain court order to set aside court judgment already entered against client.
- Obtain court order to set aside subpoena, their lawyer ordered to pay our costs.
- Recover compensation for airline from maintenance contractor for causing aircraft crash.
- Recover multi-million dollar compensation for damage from neighbouring development.
- Strategy to enforce/avoid property sale agreements, including off-the-plan sales.
- Negotiate overturning of Landgate refusal to transfer title, admit error in Practice Manual.
- Ratify client’s new already completed building being allowed to encroach on public land.
- Strategy to get local council to overturn its refusal to re-zone client land.
- Resolve court claim against closure of access across neighbouring land.
- Defend Supreme Court claim to remove client’s caveat, other side ordered to pay our costs.
- Obtain Supreme Court order upholding caveat over another’s property.
- Termination of pharmaceutical joint venture and then negotiate a resolution.
- Commence Supreme Court proceeding to resolve sale of business dispute.
- Resolve court case on international contract dispute as to ownership of boat.
- Overturn summary judgment on personal guarantee, negotiate resolution.
- Resolve court claim so as to stop the enforcement of director’s guarantee.
- Court enforcement of a mortgage so as to obtain mortgagee order for sale.
- Recover client’s business after its purchaser’s default, and confiscate corporate
purchaser. - Strategy to remove shareholder and value their shares without need of court proceedings.
- Recover client’s business after its purchaser’s default, and confiscate corporate
- Recover compensation for client’s share of partnership assets after partnership
breakdown. - Resolve partnership dispute involving complex issues of trusts and conflicts of interest.
- Recover compensation for client’s share of partnership assets after partnership
- Fast adjudication under Construction Contracts Act to recover subcontractor invoices.
- Dismissal of adjudication under Construction Contracts Act.
- Court enforcement of adjudicator’s determination under Construction Contracts Act.
- Resolve home building disputes re. payments, defects, variations.
- Resolve court proceedings by home builder for unpaid invoices.
- Obtain court order to remove executor of deceased estate and for compensation to
estate. - Recover from estate, under Family Provision Act, double what named beneficiaries
got. - Advise executor of estate on claims under Family Provision Act.
- Obtain court order to remove executor of deceased estate and for compensation to
- Dismiss application to set aside statutory demand.
- Public examination for a company liquidator of the director of the insolvent company.
- Negotiate terms of creditor indemnification of Bell litigation (later settled for $1.7 billion).
- Overturn on appeal a refusal to grant leave to proceed against a company in liquidation.
- Dismiss bankruptcy trustee’s claim that client property being held on trust for a bankrupt.
- Overturn bankruptcy in a case that involved their failure to provide a statement of affairs.
- Resolve Supreme Court proceedings against trustee for breach of duties.
- Resolve shareholders disputes, and disputes of unit and discretionary trusts.
- Supreme Court injunction against eviction from lease and negotiate lessee reinstatement.
- Dismissal of summary judgment for rental arrears, lessor ordered to pay our lessee’s costs.
- Strategy to overcome poor terms of industrial lease, deliver problem free eviction of tenant.
- Application to Federal Court to rectify lease to overcome existing flaw in option to purchase.
- State Administrative Tribunal proceedings to recover overpayments of lease outgoings.
- Recover compensation from franchisor for wrongful termination of franchise business.
- Resolve franchisor’s court claim and stop confiscation of franchisee’s retail shop lease.
- Negotiate client’s co-operation with ACCC and mitigate court penalty for price fixing.
- Prosecute for misuse of market power for which record Australian penalty imposed.
- Prosecute car dealers for price fixing for which record Australian penalty imposed.
- Client commendation for helping stop anti-competitive takeover of FAL by Coles Myer.
- Competition Law Review for largest independent grocer re. Metcash takeover of FAL
- Overturn tax assessment that removed primary producer exemption from Land Tax.
- Upheld for ATO its refusal to deduct interest on loan to purchase property to redevelop.
- Upheld for ATO refusal to deduct interest on loan for residence that became investment.
- Author of Competition Law Compliance Program for WA Government business
enterprises.
- Dismiss shipping claim for demurrage and freight charges after Supreme Court trial.
- Negotiate cessation of infringement of Intellectual Property, recover infringing material.
Solutions other than for business disputes
- Pro bono sole solicitor for Noongar elders in successfully challenging $1.3 billion Noongar native title deal with the State of WA, albeit later overturned by the Federal Parliament.
- Mayor, Town of Cottesloe from 2005 until retiring at the 2013 local government elections.
- Founding member, inaugural Vice-President, of now the Australian Compliance Institute.
- National Competition Policy review of WA Legal Profession, for the WA Attorney General.
- National Competition Policy reviews of Dentists, Pharmacies, other allied health services.
- Conduct the due diligence for public company’s international acquisition of bio-technology.
- The acquittal of 6 police detectives charged with assault and conspiracy to pervert justice.