Current practice

• corporate regulatory matters
• insolvency and finance related disputes 
• taxation
• information technology.

Alan has practised in these areas for over 17 years, five of which were spent working with a major London law firm.

Industry experience

Recent projects

• Acting for MYOB in its successful defence of a proceeding brought against it by ASIC in relation to the accounting treatment of its assets on a reconstruction.
• Acting for Murraylink in its successful action against two state governments, the National Electricity Regulator and TransGrid concerning the construction of the $200 million SNI project. The case involved a complex mix of law, economics and technology.
• Acting on behalf of Transurban in its successful Federal Court proceeding against the Commissioner of Taxation, whereby it obtained an annual deduction of $95 million in respect of payments it is to make over the next 30 years.
• Acting for McDermott against the Commissioner of Taxation in Federal Court proceedings whereby McDermott obtained a $42 million deduction. The issues involved the construction and application of a double tax treaty.

Corporate regulatory

Apart from the MYOB and Murraylink matters described above, recent experience includes the following:

• Acting for the trustee of a large Super Fund in respect of an investigation by ASIC and APRA, which led to the trustee agreeing enforceable undertakings with those entities.
• Acting for Industry Funds Services in respect of an investigation by ASIC into the 'Compare the Pair' advertising campaign, which led to an enforceable undertaking being agreed (which was published).
• Acting for various entities investigated by ASIC, APRA, the ACCC and the ATO, including responding to document production notices and preparing persons for examination by those regulators and attending such examinations.
• Acting for the ACCC in proceedings brought by it against the Commonwealth (Bureau of Meteorology) for misuse of market power.

Insolvency and finance related

Apart from five years spent in London in the early 1990s working on some of the largest UK insolvencies (Polly Peck, Air Europe and Atlantic Computers), Alan has had significant roles in recent large insolvencies:

• acting for a major creditor of Ansett
• acting for the major creditor of Pan Pharmaceuticals
• advising directors of a company on obligations imposed on directors relating to insolvent trading
• advising on the enforcement of securities and re-financing on an impending default
• advising on the impact of receivership on existing contracts
• advising on set-off issues on a liquidation
• advising in numerous complex contractual disputes and liabilities under guarantees
• negotiating on behalf of the state government in its acquisition of assets from a company in administration
• advising on assistance an Australian court would afford to a foreign court in respect of a bankruptcy effected offshore.

Taxation

 Apart from the Transurban and McDermott matters, Alan has been involved in:

• an ongoing Federal Court case relating to the characterisation (debt/equity) of convertible preference shares
• advising on resolution of disputes with the ATO concerning R&D syndicates
• acting in and resolving two large film finance and production disputes with the ATO.

Professional background