Special Counsel 

+61 2 9056 1746
stuartb@hegartylegal.com.au

Stuart began practicing in 2015 and worked at other boutique commercial litigation firms prior to joining Hegarty Legal in early 2019.

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Stuart’s experience includes advising voluntary administrators in respect of all aspects of their appointment, acting for Liquidators in respect of recoveries for creditors, acting for high-net worth individuals, advising in respect of sale of business transactions and acting for parties involved in general commercial litigation. 

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Stuart has acted in a wide range of corporate and commercial matters and has appeared before the Local, District, Supreme Court, Federal Courts and the Court of Appeal both in person and instructing Counsel at hearings.

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Relevant Experience

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Cases

Notable cases

 

Some of the more notable matters in which Stuart has been involved that proceeded to judgment include:

 

• In the matter of Peak Invest Pty Ltd [2022] NSWSC 1288 and The J & P Marlow (No 2) Pty Ltd v Joseph Hayes & Andrew McCabe in their capacity as joint and several liquidators of Peak Invest Pty Ltd (in liq), Five Islands Invest Pty Ltd (in liq), Surry Hills Pub Invest Pty Ltd (in liquidation) and Four By Four Investments Pty Ltd (in liq) [2023] NSWCA 117– Acted for the successful Plaintiffs in respect of first instance and Court of Appeal proceedings involving issues of contractual interpretation.  Lead judgment in the Court of Appeal written by Bell CJ. 

• Elkerton (liquidator), in the matter of CGB Property Holdings Pty Ltd (in liquidation) [2020] FCA 1464 – Successfully acted for a liquidator in seeking orders to be appointed as receiver of a trust where the terms of the trust deed had left the trust without an effective trustee upon the appointment of the liquidator. 

• In the matter of Dyamond Developments Pty Ltd (in liquidation) [2020] NSWSC 591 – Successfully acting for a liquidator in respect of a claim for funds paid into court prior to the appointment of the liquidator. 

• In the matter of Arresso Consulting Pty Ltd [2019] NSWSC 997 – Acting for a firm of liquidators in an application to have liquidators changed on multiple files where one liquidator had resigned from his firm and was required to give up his appointments. 

• Thompson v Turnbull [2015] FCCA 1563 – Successfully acting for a for a Bankruptcy Trustee in an application to extend the time for a meeting of creditors to consider a Part X Agreement, after the meeting had occurred.

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Other notable experience

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• Acting for a publicly listed company in a claim against a “Big 4” accounting firm for misleading and deceptive conduct in relation to audit services provided to a company which subsequently entered liquidation.

• Successfully acting for Liquidators in the recovery of unfair preference payments.

• Advising Liquidators on claims for unreasonable director related transactions.

• Acting in proceedings in the Federal Court for the appointment of a receiver to a trading trust to preserve assets which where at risk due to a dispute between the unitholders in the trust.

• Advising liquidators on potential breaches of directors’ duties by former directors.

• Successful acting for clients seeking the removal of freezing orders made against them in the Supreme Court.

• Advising lenders on the appointment of external administrators.

• Drafting commercial agreements including loan and security agreements.

• Drafting Statutory Demands and advising clients on the appropriate debt recovery process to be utilised.

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