Richard Leahy is the Legal Practitioner Director of Cochrane Leahy Litigation. Richard was a partner in an award winning, national firm, practising in commercial and insurance litigation. Identifying a gap in the Queensland legal market, he has now created his own boutique commercial litigation firm, with an emphasis on expert but commercially pragmatic service for
businesses and individuals.
Richard can be contacted on mobile 0421 608 459 or at [email protected]
Experience the difference of OUR FOUR POINT COMMITMENT:
ACCOUNTABILITY - the person you instruct is the person who does your work
COMMUNICATION - clear, regular and timely
SIMPLIFICATION - of how we charge and through concise, practical advice
VALUE FOR MONEY - genuine pricing, and a constant focus on cost/benefit
Think about this four point commitment and compare it with your past experiences with other law firms. If they don't match up, then consider calling Richard for a fuller explanation of how the four point commitment can work for you.
Do you or your clients have commercial disputes? Company or shareholder disagreements, partnership dissolutions or issues with trusts? Have they purchased assets or a business that has not performed or been valued as represented? Do you want to refer your clients to a solicitor and actually have them thank you for it?
Richard has acted in numerous matters involving company and partnership disputes, pre-purchase due diligence reports, business and property valuations, audit reports and a wide range of commercial disputes. His most significant matters were acting for auditors in two separate matters where publicly listed companies were liquidated, owing millions. In the most recent matter, claims against the auditors exceeded $500,000,000. Richard was able to settle both matters within the insurance cover and avoid personal exposure to the accountants.
Richard is familiar with the financial and accounting issues involved in these types of matters and his expert and commercially pragmatic approach and our Four Point Commitment will ensure that disputes are resolved expeditiously at appropriate cost.
Builders, contractors and developers
Do you have building or development related disputes? Richard Leahy is an experienced building and construction litigator with experience in negligence and contractual disputes, including BCIPA claims. He has acted in these matters for principals, contractors and sub-contractors since the days of the Building Tribunal (now QCAT) and in Queensland and Federal courts.
He has also acted in planning and environment matters, for both developers and objectors, including permissible change applications and appeals.
Richard’s expert and commercially pragmatic approach and our Four Point Commitment will ensure that disputes are resolved expeditiously at appropriate cost.
Commercial property owners and managers
Do you or your clients have commercial disputes with tenants or contractors or town planning issues? Is a tenant suing for damages for interference with their tenancy? Is a tenant in default under their lease? Do you have a building dispute or town planning issues relating to the development or redevelopment of commercial premises?
Richard has extensive experience acting for commercial property owners and managers, acting in a variety of disputes including debt collection, claims by tenants for loss of trade, disputes with building contractors (including BCIPA claims) and town planning matters. He has acted in these matters since the days of the Retail Shop Leases Tribunal (now QCAT). In a notable recent matter, he successfully defended a claim by a tenant that a “ratchet” clause in a lease was invalid (Devery’s Pharmacy Services Pty Ltd [2015] QCAT 275). The tenant’s appeal was ultimately abandoned. In another matter, he was successful in having a modest award of damages in favor of a tenant offset against outstanding rent so that no payment was required from the owner. He has acted successfully in this context against K-Mart, Woolworths and the Just Group.
Our Four Point Commitment will ensure that disputes are resolved expeditiously at appropriate cost.
Insurance brokers
Do you or your clients have disputes with an insurer? Has cover been refused or limited, commission disputed or a dispute arisen as to the management of a scheme? Do you want to refer your clients to a solicitor and actually have them thank you for it?
Richard has acted for most of Australia’s major insurers (and international insurers writing risks in Australia, including a number of Lloyds syndicates) in a career spanning 20 years. He is a Fellow of the Australia and New Zealand Institute of Insurance and Finance, he knows insurance law, he knows how insurers operate and he knows how to maximize your result against them. Our Four Point Commitment will ensure that disputes are resolved expeditiously at appropriate cost.
Do you have building or development related disputes? Richard Leahy is an experienced building and construction litigator with experience in negligence and contractual disputes, including BCIPA claims. He has acted in these matters for principals, contractors and sub-contractors since the days of the Building Tribunal (now QCAT) and in Queensland and Federal courts.
He has also acted in planning and environment matters, for both developers and objectors, including permissible change applications and appeals.
Richard’s expert and commercially pragmatic approach and our Four Point Commitment will ensure that disputes are resolved expeditiously at appropriate cost.
Do you or your clients have commercial disputes with tenants or contractors or town planning issues? Is a tenant suing for damages for interference with their tenancy? Is a tenant in default under their lease? Do you have a building dispute or town planning issues relating to the development or redevelopment of commercial premises?
Richard has extensive experience acting for commercial property owners and managers, acting in a variety of disputes including debt collection, claims by tenants for loss of trade, disputes with building contractors (including BCIPA claims) and town planning matters. He has acted in these matters since the days of the Retail Shop Leases Tribunal (now QCAT). In a notable recent matter, he successfully defended a claim by a tenant that a “ratchet” clause in a lease was invalid (Devery’s Pharmacy Services Pty Ltd [2015] QCAT 275). The tenant’s appeal was ultimately abandoned. In another matter, he was successful in having a modest award of damages in favor of a tenant offset against outstanding rent so that no payment was required from the owner. He has acted successfully in this context against K-Mart, Woolworths and the Just Group.
Our Four Point Commitment will ensure that disputes are resolved expeditiously at appropriate cost.
Richard first worked in debt recovery in the in-house team at Westpac Banking Corporation in the 1980s. That practical experience, together with his subsequent legal experience, gives Richard a unique perspective to offer cost effective, pragmatic legal services in this field. Our Four Point Commitment will ensure that disputes are resolved expeditiously at appropriate cost.
As any good debt collector knows, debt recovery is a mental and numbers game. How do I make the debtor more interested in paying my client than other creditors? When does it no longer make economic sense to pursue a debtor? Richard can help you to answer these questions and will consider costs arrangements (particularly for repeat or volume work) that make the process more palatable.
Do you have an employment related dispute? Have you been unfairly dismissed? Has an employee misused confidential information? Has a former employee breached a restraint clause?
Richard has extensive experience in employment matters, particularly in relation to alleged breaches of confidentiality obligations and restraints and unfair dismissal cases. In Dubow (2014) FWCFB 2518 he successfully defended the employer legal service against allegations of unfair dismissal and that result was confirmed on appeal. Richard has acted for both employees and employers, giving him insight into the attitudes and tactics you are likely to face.
His expert and commercially pragmatic approach and our Four Point Commitment will ensure that disputes are resolved expeditiously at appropriate cost.
Richard has acted in commercial disputes and litigation arising from various contracts, franchise agreements, partnership agreements, sales and purchases of business, property and other assets, mining leases and trusts, primarily on behalf of businesses. His expert and commercially pragmatic approach and Our Four Point Commitment will ensure that disputes are resolved expeditiously at appropriate cost.
Richard has acted for and against most of Australia’s major insurers (and international insurers writing risks in Australia, including a number of Lloyds syndicates) in a career spanning 20 years. He is a Fellow of the Australia and New Zealand Institute of Insurance and Finance, he knows insurance law, he knows how insurers operate and he knows how to maximize your result against them. Our Four Point Commitment will ensure that disputes are resolved expeditiously at appropriate cost.
Richard has acted for insurers of professionals for 20 years. Those professionals have included accountants, architects, auditors, builders, building certifiers, engineers, quantity surveyors, solicitors and valuers. He understands the best way to frame a claim (In negligence? Or breach of retainer? Or for misleading and deceptive conduct?), has seen the claims and tactics that work (and don’t work) and knows how to maximize the amount of the claim (Is the loss a loss of opportunity? Or is it a historical loss? Or should these approaches be claimed as alternatives?). Our Four Point Commitment will ensure that disputes are resolved expeditiously at appropriate cost.
Richard has successfully acted in these matters in all Queensland courts, and various interstate and national courts, both defending professionals and suing them. Some examples include
Rexstraw (2003) NSWCA 287
Burmingham (2005) QCA 274
Psychology Board of Australia (2014) QCAT 303
He has also published on relevant issues, including two landmark articles on of loss of opportunity claims.
Richard has acted in most areas where QCAT has jurisdiction, from building disputes to Retail Shop Leases disputes to guardianship matters to professional disciplinary complaints. His extensive experience and expertise is recognized as an author of the Lexis Nexis QCAT online service. He has also published elsewhere on QCAT issues.
Richard’s expert and commercially pragmatic approach and Our Four Point Commitment will ensure that disputes are resolved expeditiously at appropriate cost.
Richard has acted in insurance for 20 years. During that time he has regularly assisted insurers with drafting policy wordings and has also advised commercial clients as to how those wordings will impact their risks, particularly any interaction with other contract terms. His unique perspective means that he is able to consider risk management and contractual issues from all angles, and he well appreciates that insurance is only one aspect of good risk management.
Richard has acted for plaintiffs and defendants in defamation matters for 15 years. He has experienced the surge of interest after the recent judgments in Rebel Wilson v Bauer Media and has presented on that case and its implications for parties to litigated defamation disputes. His expertise and our Our Four Point Commitment will ensure that disputes are resolved expeditiously at appropriate cost.
Richard has studied this area of law at Master’s degree level and has also published and acted in a variety of contexts including copyright, passing off and trademarks and related areas such as misleading and deceptive conduct. His expertise and our Our Four Point Commitment will ensure that disputes are resolved expeditiously at appropriate cost.
Richard has studied property law at Master’s degree level and has also published and acted in a variety of contexts including conveyancing disputes, body corporate disputes, easement disputes and trusts disputes and related areas such as misleading and deceptive conduct. His expertise and our Our Four Point Commitment will ensure that disputes are resolved expeditiously at appropriate cost.
“Litigation is the pursuit of practical ends, not a game of chess.”
Felix Frankfurter, Justice of the Supreme Court of the
United States, 1939-1962.
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