People

Tim Edwards - Associate

Tim Edwards Tim advises on all types of litigation and dispute resolution matters.

Overview Experience Publications Contact

Tim advises on all types of litigation and dispute resolution matters, including disputes related to insolvency, restructuring, the operation of the Personal Property Securities Act 2009 (Cth), commercial contracts, trusts, directors duties, native title and mining and resources projects.

Tim’s experience includes assisting with trial preparation for, and appearing on, matters before the Magistrates Court, District Court and Supreme Court of Queensland, the Supreme Courts of New South Wales and Western Australia and the Federal Court of Australia, as well as facilitating out of court settlements.

Tim also is a sits on the board of Sunshine Coast Children’s Therapy Centre Pty Ltd, which provides support to children with moderate to severe disabilities, delayed development and chronic illness, and on the Management Committee of Redcliffe Opportunities for People’s Enhancement Association Inc. (“ROPE”), which provides support to young adults with intellectual disabilities.  Until its dissolution in 2014, he also sat on the Management Committee of Kingfisher Adult Learning Programs Inc., which specialised in providing support to young adults with severe intellectual disabilities.

Tim holds qualifications in Laws and Business (First Class Honours) from the Queensland University of Technology. 

Areas of Practice

  • Assisted in the mediated settlement of multiple commercial claims between the client (a landlord) and the Liquidators appointed to its former tenant, including: unfair preference claims, breach of contract claims, a shareholders’ loan claim, unlawful re-entry and conversion claims, and a claim regarding the validity of a registered security. 

    The total quantum of those claims was in excess of $1 million.

    A number of the claims were initially subject to an interlocutory application for an injunction made in the Supreme Court of Queensland, and later, proceedings seeking final relief in the District Court of Queensland. Assisted with the preparation and conduct of the client’s defence to each of those proceedings, including the preparation of affidavits and instructing Counsel.
  • Advised with respect to the administration of the Fair Entitlements Guarantee Scheme in relation to a number of disputes between the Department and Administrators, Liquidators and Receivers appointed to companies in Queensland, New South Wales and Western Australia.

    Those disputes primarily regarded the interpretation of the priorities regime contained in the Corporations Act 2001 (Cth) and the interactions between that regime and the operation of the Personal Property Securities Act 2001 (Cth).

    Examples include disputes regarding:

    • the validity of registered and unregistered securities;

    • whether particular assets were “circulating” or “non-circulating” for the purposes of the priorities regime;

    • how circulating assets should be dealt with by external administrators;

    • the impact of the relevant company being a trading trust; and

    • the effect of debtors being assigned or factored either before or after the relevant company entered external administration.

  • Advising our client, a Japan based steel manufacturer, with respect to the administration (and later, deed of company administration) of a confidential mining and steel business. This included negotiations with the administrators (and later, deed administrators).

  • Assisted in the trial preparation for, and ultimately, the mediated settlement of, a professional negligence claim brought by a North-Queensland property developer against its former solicitors in the Supreme Court of Queensland, in respect of a sum in excess of $1 million.  The work conducted included all facets of trial preparation, including interviewing all witnesses and preparing all witness statements, preparing pleadings, appearances at case management hearings and instructing both junior counsel and Queen’s Counsel.

  • Assisted with the mediated settlement of multiple disputes between two participants in a property development joint venture, including disputes related to the withdrawal of a statutory demand, restraint of trade and confidential information issues, and the dissolution of the joint venture itself. 

  • Assisted in the mediated settlement of an unfair preference claim in the order of $500,000 by way of proceedings commenced in the Supreme Court of New South Wales. 

  • Assisted in the preparation and conduct of the Supreme Court of Queensland proceedings by which the client obtained:

    • letters of the Administration of the deceased’s Estate; and

    • an order that the respondent was prohibited, by operation of the forfeiture rule, from benefiting as a result of the deceased’s death in any way.

  • Assisted in the preparation and conduct of the Federal Court of Australia proceedings by which the client obtained orders allowing for the release of life insurance monies, previously held on trust pursuant to orders of the Court, to the deceased’s Estate.
  • Appeared on behalf of Administrators on a winding up application in the Supreme Court of Queensland in order to successfully adjourn that winding up application on several occasions.

    Acted for the Liquidators (being the former Administrators) in respect of an application made in the Supreme Court of Queensland for leave to proceed against the company despite its winding up.
  • Drafted a complex deed of company arrangement which provided for, among other things, the making of various loans to the company by the Deed Administrator, and the securing and repayment of those loans.
  • Assisted in the mediated settlement of a number of disputes between a Chinese commodities company and its subcontractor in respect of both a statutory demand served upon it by the subcontractor, and proceedings commenced by the subcontractor pursuant to a subcontractor’s charge in the Supreme Court of Queensland. This entailed briefing counsel, interviewing witnesses and preparing affidavits, preparing and drafting court documents, general preparation for both hearings with minimal supervision, and the negotiation of settlement terms.  
  • Advised with respect to both the operation of the Proceeds of Crime Act 2002 (Cth) and proceedings commenced by the Public Trustee with a view to selling particular confiscated assets.
  • Advised entities within the a confidential steel manufacturer’s group of companies, which supplied goods to another group of companies before it entered Administration, in respect of:

    • the impact of that Administration and, subsequently, the other company’s Deed Administration; and

    • our client’s ongoing supply to the other company, including the negotiation of terms with the Administrators. 

  • Prepared and advised in respect of a non-claimant application for a native title determination, and assisted with the preparation and conduct of the client’s participation in a (wholly) overlapping claimant application, including appearing at case management hearings.
  • Advised on matters related to debt recoveries, winding up applications and bankruptcy. This includes drafting numerous statutory demands and bankruptcy notices, assisting with the preparation and conduct of applications to set aside those statutory demands and bankruptcy notices, negotiations regarding those matters, and assisting in the preparation of winding up applications filed in the Supreme Court of Queensland, Federal Court of Australia and Supreme Court of Western Australia.  
  • Assisted in the preparation and conduct of debt recovery proceedings between two large, international corporate groups, in circumstances where those groups had entered into a complex series of intercompany transactions. 
  • Assisted in the preparation and conduct of a complex application in the Sydney Registry of the Federal Court of Australia to set aside a statutory demand that was served on an international corporate group. This entailed briefing counsel, interviewing witnesses and preparing affidavits, preparing and drafting court documents, and general preparation for trial.
  • Assisting with the general conduct of matters run on behalf of various Indigenous groups in relation to native title and cultural heritage issues in both Queensland and Western Australia.
  • Assisted in the conduct of various native title determination proceedings in the Federal Court of Australia on behalf of both Indigenous groups and mining companies, including disputes regarding the internal membership of those Indigenous groups. 
  • Assisted in the conduct of proceedings in the Warden's Court of Western Australia regarding a compensation dispute between an Indigenous group and the State of Western Australia. 
  • Assisted in the drafting of Cultural Heritage Management Plans and Relationship Protocols on behalf of both Indigenous groups and mining companies. 
  • Assisted in providing advice to landowners as to the existence of native title on their land and the native title claims process generally. 
  • Assisted with the general conduct of a matter involving a dispute regarding the sale and supply of coal under Coal Supply Agreements.
  • Assisted with the general conduct of a complex Corporations Act matter involving a number of breaches of directors' duties to be heard in the Supreme Court of New South Wales. 
  • Assisted in the preparation and conduct of an application in the Supreme Court of Queensland to facilitate the exit of a trustee from a self-managed superannuation fund in circumstances where the relationship between trustees had irretrievably broken down. 
  • Assisted in the preparation of submissions for a matter in the Family Court of Australia which regarded the appointment of a receiver and manager to a corporation.