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EXPERIENCE

Private Client Law, Insurance Law and Succession
General Commercial Disputes | Personal Injuries | Professional Negligence
Trusts & Equity | Consumer Law

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Insurance, Tort

INSURANCE, TORT AND PROFESSIONAL NEGLIGENCE

Charles’ experience includes a range of insurance disputes, advising and appearing for the insured; a wide range of personal injuries claims, including industrial accidents, and Lord Campbell’s Act claims, acting for individuals or surviving family members; professional liability disputes (principally solicitors and medical practitioners), advising and appearing for clients; and advising in relation to director's and officer's liability. Significant cases include:

  • Advising a London-based family on a claim arising out of the death of their son who experienced psychiatric disorder after he was held in immigration detention.

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  • Advising shareholders on rights against the directors and officers of an ASX-listed subsidiary of a Hong Kong-listed company with operations in the Peoples Republic of China arising out of a reverse merger that ended with delisting of the ASX-listed subsidiary

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  • Acting for individuals in a range of Supreme and District Court proceedings against their former solicitors, advancing allegations of negligence arising from the conduct of a retainer relating to a failed joint venture; the administration of a deceased estate; and a lost opportunity to recover damages after the expiry of a limitation period​

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  • Advising individuals in a variety of medical malpractice actions, including on adverse outcomes from heart valve replacement and pelvic mesh surgeries, and cases arising from failure to diagnose and competently treat medical conditions.

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  • Advising and appearing in a range of defamation and injurious falsehood actions, including claims arising out of online publications

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Consumer
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CONSUMER LAW

Charles has advised and appeared in cases in all areas of general contract and consumer disputes. Cases of interest include:

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  • Appearing in a variety of matters raising questions under the Australian Consumer Law, including the supply of defective medical products and services

  • Advising the mortgagors and borrowers in a variety of contexts, including credit contract disputes and redemption actions

  • Advising and acting for class members in an action for recovery of rates wrongfully collected by a local government authority; land owners adversely affected by environmental contamination; and affected businesses in an action for economic loss caused by the escape of a virus from a quarantine station

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Equity

EQUITY AND SUCCESSION

Previous matters that Charles has assisted on include a wide range of equity and succession matters in diverse contexts. Charles' experience includes:

 

  • Advising and appearing in testamentary capacity and will construction disputes

  • Advising and appearing for claimants in a variety of proprietary and promissory estoppel claims

  • Advising and appearing for applicants and executors in family provision applications in Queensland and NSW​

  • Advising and representing beneficiaries in applications for the removal of trustees

  • Advising in relation to the sale of a joint venture interest in an engine technology start-up procured by undue influence

  • Appearing for the creditors in proceedings against the directors of an insolvent corporate trustee

  • Advising and appearing for beneficiaries in claims against defaulting fiduciaries and accessories arising out of director and partnership disputes

COMMERCIAL DISPUTES

Charles has decades of experience in general commercial litigation and alternative dispute resolution, including:

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  • Advising shareholders in a wide variety of quasi-partnership disputes, derivative actions and oppression proceedings

  • Acting in actions against delinquent director fiduciaries and their accessories involving tracing and following assets and accounting of gains

  • Advising in and representing clients in restraint of trade disputes in both business sale and employer/ employee contexts

  • Representing clients in a variety of business sale disputes

  • Advising and appearing for the entrepreneur/ inventor in a significant contract claim against a wholly-owned government corporation arising out of the development and commercialisation of novel tollway transponder technology

  • Advising and appearing for the assignees of Crown lease land in a dispute with the assignors of the subleases for a substantial Whitsunday Island commercial and residential development

  • Advising and acting for disputing parties to a significant Nigerian telecommunications joint venture involved in multi-jurisdiction litigation, including taking depositions for use in satellite proceedings in the United States

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