BALLARAT OFFICE: 03 5331 3100   DAYLESFORD OFFICE: 03 5348 2225

Dale Brown

25+ Years of Experience

As an LIV Accredited Specialist in Commercial Litigation, Dale Brown of our office has over 25 years’ experience working in Commercial Dispute Resolution, including Banking and Finance, Corporations Law, Estates and Trust Law, Competition and Consumer Law and Tax Litigation.

In addition to this, other areas of expertise include but are not limited to:

  • Commercial and taxation litigation
  • Contract and other commercial and property related drafting
  • Mortgagee actions involving secured and lender actions for unsecured debt
  • Corporations, securities and insolvency proceedings
  • Professional liability (Engineers & Architects)
  • Property transfer, leasing and security actions
  • Shareholder and Director disputes
  • Building & Construction litigation
  • Director’s liability matters
  • Administrative appeals and licensing matters, including planning and environmental disputes and representing Medical Practitioners in disciplinary proceedings
  • Local Government matters
  • Partnership and internal corporate disputes
  • Insurance litigation
  • Acting for persons who are the subject of ASIC and ATO investigations (AAT, Federal and Supreme Courts)
  • Criminal and penalty proceedings arsing under taxation and corporations’ laws
  • Actions involving banking and financial institution laws
  • Competition litigation
  • Intellectual property litigation (including trademark, designs, copyright & moral rights (artistic works) enforcement)
  • Testator family maintenance litigation
Dale Website OPT

More specifically, Dale has extensive experience within the following areas of litigation: -

  • OH&S investigation into causes of death in a civil works and construction workplace; in preparation and appearance on behalf of the family at the coronial inquest.
  • Estate planning & litigation; Planning disputes; Domestic Building Contracts Act disputes & commercial construction litigation; Trademark and other intellectual property enforcement and advice; Contract and other commercial drafting; Mortgage enforcement/advising mortgagees; legal, Construction industry and other professional disciplinary actions (VLSC; Vic Building Authority & VCAT); Insolvency litigation, advice and otherwise acting on behalf of liquidators in respect of trading trustee companies; acting for respondent taxpayers in respect of Commissioner of Taxation's applications to wind up corporate taxpayers/bankrupt directors/enforce DPNs.
  • Commercial litigation in Federal, Supreme & County Courts acting for defendants to claims for damages and declarations for alleged breaches in dealings with securities pursuant to the Australian Securities & Investments Act and Corporations Act.
  • Act in proceedings alleging oppression against minority shareholders/breach of directors’ duties.
  • Taxation appeals & taxpayer representation.
  • Act on behalf of constructors in actions against principals and contract administrators), including contested Supreme, County and District Court trials to judgement, and arbitrations.
  • Act on behalf of trustees in winding up of SMSF, including application to Superannuation regulator for private ruling.
  • Application for removal & substitution of trustees.
  • Commercial building & construction arbitrations pursuant to the Building & Construction Industry Security of Payments Act 2002 (Vic).
  • Domestic building proceedings in the Victorian Civil & Administrative Tribunal.
  • Act for applicants and respondents in bankruptcy and winding up proceedings, applications to set aside statutory demands; applications to annul bankruptcy.
  • Act for commercial borrowers, Guarantor-Directors and Investors in related Federal Court proceedings against banks (misconduct in dealings with collateral borrowers and Co-Directors’ interests, causing collapse of borrower and bankruptcy of guarantors).
  • Mediations in Federal, Supreme and County and District Courts commercial litigation.
  • Extensive experience acting in complex litigation arising from managed investment scheme failures, including issues involving alleged breaches of the Corporations Act and ASIC Act, enforcement of duties of directors of responsible entities & corresponding investor shareholder rights.
  • Act for persons being the subject of ASIC and ATO investigations under statutory powers.
  • Act for international owner of substantial trademark & other intellectual property rights in enforcement & recovery actions in the Federal Court, including obtaining and executing Anton Pillar orders, and close liaison with the Australian Customs & Border Protection Service in interception of counterfeit/infringing products at point of entry.
  • Implemented systems with the ATO for legal work procedures for non-government legal panel members.
  • Directly responsible for day-to-day conduct of the Commissioner’s part in such proceedings, routinely working with ATO Legal Service Branch, Tax Counsel & relevant Business Lines.
  • Responsible for conduct of the Commissioner of Taxation’s response in taxation appeals brought by a high net-worth individual against assessments.
  • Advise Commissioner of Taxation's Legal Services' Branch and instruct counsel in respect of the Commissioner’s response to a taxpayer’s Part IV-C taxation appeals.