Maximising Recovery of Stolen Funds by Obtaining Freezing Orders

Maximising Recovery of Stolen Funds by Obtaining Freezing Orders

When running a business, trust is paramount.

Unfortunately, our clients found out the hard way that a director in their company had been misusing company funds to the tune of $2.5 million for his own personal gain and to benefit his private entities.

Time is of the Essence

When dealing with cases of financial misconduct, time is of the essence. We swiftly obtained freezing orders against the director personally and his shareholding entity which traded with his other businesses. This was essential in preventing assets from being dissipated, leaving our clients (as creditors) with little to recover.

Once we had

Successful Defence to Unfair Contract Terms Case

Successful Defence to Unfair Contract Terms Case

Tailored and well-structured standard form contracts are the bedrock of robust commercial relationships, for both business and consumer relationships. They provide clarity for all parties and ensure businesses are compliant with their legal obligations.

By proactively outlining and communicating equitable terms by way of a standard form contract, businesses not only mitigate the risk of customer actions in respect of the contract for uncertainty or unfair terms, but also cultivate trust, credibility, and enduring relationships with clients.

However, even the most robust contract will not prevent claims of unfair contract terms.

This was demonstrated in a case where we represented

Third Party Payments – Are They an Unfair Preference?

Third Party Payments – Are They an Unfair Preference?

The recent Victorian Court of Appeal judgment in Cant v Mad Brothers Earthmoving Pty Ltd [2020] VSCA 198 clarifies the circumstances in which a payment from a third party may constitute an unfair preference. The decision is important to any creditors with potential exposure to unfair preference claims and for insolvency practitioners seeking to pursue such claims.


Court Terminates Director Friendly DOCA on Application of Minority Creditor

Court Terminates Director Friendly DOCA on Application of Minority Creditor

The voluntary administration regime is intended to maximise the chance of a company continuing or to provide a better return to creditors than an immediate winding up of the company. The regime offers great flexibility. This leaves it open to abuse by directors and related entities seeking to avoid legitimate debts, scrutiny of their conduct or to obtain a direct benefit for themselves.


Ownership Dispute Over Abandoned Chattels

Ownership Dispute Over Abandoned Chattels

The Results Legal team was recently engaged to assist one of our banking clients seize and sell land subject to first registered mortgage security.

A shipping container filled with specialised mining and drilling equipment was located on the secured property.

After taking possession of the property, our client was contacted by a third party who claimed ownership of the mining and drilling equipment.


Minority Creditor Terminates Director Friendly Voluntary Administration

Minority Creditor Terminates Director Friendly Voluntary Administration

After pursuing a long and hard fought Supreme Court claim, our client obtained judgment for an amount of $1.64 million. Shortly thereafter, the defendant company was placed into voluntary administration by its director.

Following the first meeting of creditors, it became apparent that related parties had sufficient voting power in both number and value to successfully put up a deed of company arrangement.


Removal of Squatter from Property Seized from Deceased Estate

Removal of Squatter from Property Seized from Deceased Estate

Secured recovery actions can often involve complex and contentious situations which require attention a focus on risk management.

This was evidenced in one particular matter where our client was the mortgagee of a deceased estate.


Mining Dispute Successfully Resolved

Mining Dispute Successfully Resolved

Our client, a large heavy equipment supplier, sold several used items of mining equipment for use at a mine site which required commissioning.  A separate contract was also entered into between the parties for the ongoing maintenance of the equipment.


Asset Realisation in Complex Insolvency Estate

Asset Realisation in Complex Insolvency Estate

In 2014, Results Legal was instructed by the trustee in Bankruptcy of former horse racing and breeding magnate, Lee James Fleming, who had previously run a horse stud in southern Victoria that was home to Bel Esprit – the sire of undefeated mare Black Caviar.


$2.7 Million Recovered in Seven Days

$2.7 Million Recovered in Seven Days

Large financial exposure is not uncommon in the mining and resources sector.

Providing specialist representation for an equipment finance company, we were approached to recover a $2.7-million debt from operator of a Western Australian coal mine.


Peak Workloads Successfully Managed for Insurance Client

Peak Workloads Successfully Managed for Insurance Client

Having worked with a range of insurance companies, government agencies and large corporate partners, Results Legal has have developed systems and procedures to process large volumes of legal recovery work within a short space of time.


Trusted Adviser for Prestige Motor Dealer Group

Trusted Adviser for Prestige Motor Dealer Group

Our team regularly acts on behalf of a large prestige motor dealer group in a broad range of dispute resolution matters.

We have enforced contracts of sale for luxury high end motor vehicles and opposed claims from customers pertaining to the delivery and standard of delivered vehicle.