Christopher is a commercial litigator who handles a wide range of disputes for ClarkeKann's clients.
In this role, Christopher adopts a strong results and value based approach to his practice that allows him to effectively advise and represent clients
in a range of complex commercial disputes, across a number of industries.
First and foremost, Christopher works proactively with clients to identify ways in which they can manage and resolve potential disputes, before they arise. He is particularly skilled at resolving disputes at an early stage, through the use of alternative dispute resolution measures, to achieve the most commercial outcome for his clients. However, when necessary, he is often relied upon to obtain highly successful outcomes through the court process, both at hearings and on appeal.
Over the years, he has gained significant experience in areas such as building and construction, insolvency, bankruptcy, debt recovery, insurance and financial services. Christopher regularly acts and advises in various matters arising under the Building and Construction Industry Security of Payments Act 1999 (NSW), including advising on potential claims and responses, acting in contested adjudications and negotiating settlements of security for payment disputes
In addition, Christopher regularly advises and acts in all types of preference claim proceedings, and has developed a range of strategies to deal with preference claims efficiently and commercially. He is often involved in complex debt recovery proceedings throughout Australia acting for both plaintiffs and defendants, and caters his approach to each debt recovery matter having regard to the amount being claimed and the cost of recovery to ensure value for his clients.
Christopher has also developed a strong practice in advising and acting in personal guarantee disputes for both guarantors and parties seeking to enforce personal guarantees. His in-depth understanding of the relevant legal principles in this field allows him to develop and implement effective strategies to achieve commercially viable outcomes in all types of guarantee disputes.
Acted in arbitration proceedings for unpaid variations - arbitration was settled prior to hearing with almost all variations being paid to the client.
Acted for a developer defending a claim for an alleged breach of contract and misleading and deceptive conduct. The claimant was forced to concede and discontinue the claim at an early stage.
Acted for homeowners being sued by their former builder for alleged delay and variation costs. Claim was dropped and the builder agreed to pay the costs of Christopher's clients.
Regularly advises on potential claims and responses, acting in contested adjudications and negotiating settlements of security for payment disputes
Successfully acted for a company director in an urgent application to reinstate him and reacquire his shares, following his improper removal as a sole director and shareholder of his company.
Acted for an insured husband and wife in their claim against their insurer for not paying them under an insurance policy following the theft and destruction of their vehicle.
Acted for a homeowner seeking an injunction against the local council to prevent the discharge of storm water and debris into the homeowner’s property.
Successful in a claim against the liquidators of a company who retained funds that the company claimed belonged to it.
Regularly advises and acts in all types of preference claim proceedings across various jurisdictions.
Acting for both creditors and debtors prior to and during all stages of bankruptcy proceedings.
Property & Projects Partners Paul O'Dea and Steven Cardell were recently listed in Doyle's Guide to the Australian Legal Profession as leading Property Law Lawyers (Queensland) for 2019. To make this list requires feedback from various sources but most importantly our clients. We thank our clients for that valuable input and look forward to assisting in your continued commercial growth. VIEW MORE