Solutions for unfunded liquidators and trustees
Every year a large number of good claims in unfunded appointments are not pursued because there are no cost-effective options available to liquidators and trustees. At Stacks Davis we offer a solution for liquidators and trustees across Australia.
- Our settlement strategies aim to resolve claims early, avoiding significant legal costs that can threaten a commercial outcome.
- We act speculatively, so we are invested in the outcome and drive claims to conclusion.
- We focus on investigating and settling claims without the costs of litigation.
- Our forensic analysis enables us to quickly identify claims and the evidence we need.
- We conduct focused and efficient public examinations under the Corporations Act 2001 and the Bankruptcy Act 1966.
- Our cost-effective settlements maximise the funds available to the liquidation or bankrupt estate.
- If claims do not settle, we conduct litigation with the same cost-effective approach.
- If litigation funding is required, we have excellent relationships with funders and we help expedite the due diligence and approval process.
Our team
Our Principal Lawyer, Clayton Davis, has over 25 years of experience in insolvency and commercial litigation. Clayton is admitted as a solicitor in both Australia and the United Kingdom.
Prior to commencing with us in 2008, he obtained experience with:
- Minter Ellison and Sparke Helmore in Sydney
- Mayer Brown and the Department of Trade and Industry (Company’s Directors’ Disqualification Unit) in London
Clayton is supported by an experienced team of lawyers based in New South Wales and Victoria.
Public examinations
Public examinations are powerful and effective in the investigative process, compelling the production of important evidence without the risk of adverse cost orders.
We conduct more public examinations in the Federal Court than any other law firm in Australia. Whilst we engage counsel when appropriate, most examinations are conducted by Clayton Davis, Principal Lawyer.
Since 2019, we have conducted over 30 public examinations in Sydney, Melbourne, Brisbane and Perth.
Most examinations achieved successful settlements without further litigation. Settlements are often achieved before the examination is conducted.
Litigation
We have acted in numerous proceedings for liquidators, trustees and litigation funders in the Federal Court and Supreme Courts, most of which have settled successfully prior to a hearing.
A selection includes:
- Neil Raymond Cribb, as liquidator of O’Farrell Property Group Pty Limited (in liquidation) v Gregory James O’Farrell, Federal Court proceeding WAD75/2021 (Perth Registry)
- Nicarson Natkunarajah, as liquidator of Elevator Services Pty Limited (in liquidation) v Nedeljko Savic, Federal Court proceeding VID67/2020 (Melbourne Registry)
- LCM Operations Pty Limited v Rabah Enterprises Pty Limited, Supreme Court of NSW proceeding 2020/262271
- David John Kerr, in his capacity as trustee of the bankrupt estate of Leon Mark Curtis v Monica Curtis, Federal Court proceeding NSD667/2020 (Sydney Registry)
- LCM Recoveries Pty Limited (in its capacity as assignee of potential claims in respect of Montague Body Repairs Pty Limited (in liquidation) v Montague Bros Investments Pty Limited, Federal Court proceeding VID385/2020 (Melbourne Registry)
- Trevor Pogroske as liquidator of Bower Projects Australia Pty Limited (in liquidation) v Cosmo Cranes & Rigging Pty Limited, Federal Court proceeding NSD 2151/2019 (Sydney Registry)
Judgments
We have successfully obtained judgments in contested proceedings as well as applications under the Corporations Act, including for approval or extensions under sections s477(2A), 477(2B) and s588FF(3) and to appoint special purpose liquidators. A selection includes:
- LCM Operations Pty Limited, in the matter of 316 Group Pty Limited (in liquidation) [2021] FCA 324
- Mitchell Ball (Liquidator), in the matter of ACN 141 037 229 Pty Ltd (in liquidation) (formerly known as “Think Money Wealth Through Property Pty Ltd”) [2021] FCA 521 and [2021] FCA 533
- Gregory Bruce Dudley (Liquidator), in the matter of Freshwater Bay Investments Pty Limited (in liquidation) [2021] FCA 608
- Melhelm Pty Ltd, in the matter of Boka Beverages Pty Ltd (in liquidation) v Boka Beverages Pty Ltd (in liquidation) [2019] FCA 1184
