People

Darrell Jardine - Partner

Darrell Jardine Darrell's experience includes advising on property-related litigation, contractual disputes, negligence claims, product liability litigation and class actions.

Overview Experience Publications Contact

The head of HopgoodGanim’s Litigation and Dispute Resolution practice, Darrell brings extensive experience representing clients in the Supreme Court of Queensland, the Federal Court of Australia and the High Court of Australia.  His expertise includes advising on property-related litigation, contractual disputes, negligence claims, product liability litigation, class actions, insider trading and other claims brought by ASIC for statutory breaches and Royal Commissions.

Darrell advises on insolvency matters, acting for and against liquidators, administrators, receivers and bankruptcy trustees. He has acted in a number of high profile insolvency administrations and also has significant experience prosecuting and defending insolvent trading actions and conducting public examinations.

With particular expertise in liquor licensing and gaming regulation, Darrell represents a wide client base, including major tourist operators, international and local hotel owners, sporting and other community clubs, property developers, wine producers and wholesalers, in all aspects of licensing and gaming work, with a particular focus on defending statutory prosecutions bought by the regulators.

Darrell was named by Best Lawyers International 2016  as a leading Australian practitioner in the area of litigation, and is Recommended in Doyle's Guide to Leading Litigation & Dispute Resolution Lawyers - Queensland, 2016 and 2017. He has also been recently named by the Australian Financial Review in Best Lawyers in Australia - 2018 for Litigation Law

 

Areas of Practice

  • Acted for Virgin Australia Airlines Pty Ltd in a dispute about whether Virgin was liable under the Lease to pay its landlord’s actual costs of operating the air-conditioning equipment at the premises after hours, and if so, whether the landlord in fact incurred any costs by reason of the air-conditioning equipment being operated after hours that justified the charges. There was also a dispute as to the extent of the equipment that was actually operated after hours.  The dispute was brought against Virgin by its former landlord as well as its current landlord.  However, Virgin argued that, regardless of whether the air-conditioning equipment was operated after-hours or not, the landlord did not incur any additional costs as Virgin was responsible for all repairs, maintenance and utilities with respect to the operation of the air-conditioning equipment – such that no charges were payable to the landlord. The claims of both landlords were resolved on favourable terms.
  • Acting in class actions including advising potential claimants as a result of the 2011 floods in South-East Queensland.
  • Acting for a land owner at Kooralbyn in the successful prosecution of a claim for compensation in the Land Court against the Beaudesert Shire Council.
  • Acting for a large manufacturer and repairer of mining equipment in the compulsory acquisition and relocation of its factory as a result of the construction of the second Gateway Bridge, with the successful negotiation for compensation achieved.
  • Acting for the body corporate of an apartment complex in relation to the compulsory acquisition (and temporary occupation) of common property below the surface of the ground by the Brisbane City Council for the North-South Bypass Tunnel.
  • Successfully negotiating compensation for a privately-owned mining company who held mining leases in Shoalwater Bay, which were compulsorily acquired by the Commonwealth.
  • Successfully representing a large manufacturer and repairer of mining equipment in the compulsory acquisition of its factory at Eagle Farm, Queensland.
  • Acting for administrators and liquidators and assisting them with the winding up of companies.
  • Acting for and against bankruptcy trustees in litigation involving claims for the recovery of assets from bankrupts their associated entities.
  • Advising the receivers and managers of a resort development in the prosecution of multiple specific performance proceedings against defaulting purchasers for the sale of luxury units in North Queensland.
  • Acting for the operator of a landmark hotel on the Gold Coast in a major fraud investigation.
  • Advising the Brisbane Lions Football Club on the licensing of their new club house facility, and in the acquisition of gaming authorities.
  • Advising on and appearing at Royal Commissions including the Royal Commission into Institutional Responses to Child Sexual Abuse