BUILDING, CONSTRUCTION AND DEVELOPMENT

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.

 

Contact Richard Leahy on 0421608459 or [email protected].

COMMERCIAL PROPERTY

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.

 

Contact Richard Leahy on 0421608459 or [email protected].

DEBT RECOVERY

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.

 

Contact Richard Leahy on 0421608459 or [email protected].

EMPLOYMENT

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.

 

Contact Richard Leahy on 0421608459 or [email protected].

GENERAL COMMERCIAL DISPUTES

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.

 

Contact Richard Leahy on 0421608459 or [email protected].

insurance

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.

 

Contact Richard Leahy on 0421608459 or [email protected].

Professional negligence

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.

 

Contact Richard Leahy on 0421608459 or [email protected].

QCAT

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.

 

Contact Richard Leahy on 0421608459 or [email protected].

RISK MANAGEMENT AND CONTRACT REVIEW

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.

 

Contact Richard Leahy on 0421608459 or [email protected].

DEFAMATION

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.

 

Contact Richard Leahy on 0421608459 or [email protected].

INTELLECTUAL PROPERTY

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.

 

Contact Richard Leahy on 0421608459 or [email protected].

PROPERTY DISPUTES

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.

 

Contact Richard Leahy on 0421608459 or [email protected].

Clients and Referrals

ACCOUNTANTS
BUILDERS, CONTRACTORS AND DEVELOPERS
Commercial property owners & managers
insurance brokers

Accountants

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.

 

Contact Richard Leahy on 0421608459 or [email protected].

The litigation process

The Essential Steps

From the client’s point of view, the litigation process will usually involve the following steps:

Initial Instructions

From your first contact with our firm you will notice the difference. You will brief Richard and he will run your matter. His down to earth manner and experience will put you at ease. Throughout the whole process, this direct contact will ensure ease of communication and accountability. The buck stops with Richard and he will always be available to explain issues and answer your concerns.

Costs Agreement

Cochrane Leahy Litigation is legally required to enter into written costs agreements with its clients. We will provide the proposed agreement as soon as possible and negotiate its terms with you. Our approach to costs is explained above in How we charge for work?.

Commencing Litigation

To begin with, Richard will identify your issues and your goals. Most proceedings begin with an Application or Claim. These state the case of the Applicant or Plaintiff. Richard will seek your relevant documents and instructions to enable a draft Application or Claim to be prepared for your approval. You won’t be left in the dark, with a case pleaded by someone else – who may not appreciate the fine details of your case.

Defence

The next step is for the Defendant or Respondent to file a Defence or Response. Cochrane Leahy Litigation will seek your relevant documents and instructions and will particularly consider technical defences (limitation periods, jurisdictional issues) and the possibility of a counterclaim.

Disclosure

Also called Discovery, this process involves the exchange of the parties’ relevant documents. In the hands of others, this can be an expensive, drawn out process. Cochrane Leahy Litigation will identify the issues, ensure that the other side makes full Disclosure (and that you don’t Disclose anything that you shouldn’t). We will streamline the process as much as possible, if necessary, using electronic document management in larger matters.

Expert Evidence

It may be necessary to obtain valuation, accounting, town planning, engineering or other expert evidence to support or defend a case. This process, if not properly managed, can inadvertently support the other side, not properly support your own case or even reveal your weaknesses. Cochrane Leahy Litigation will avoid these common mistakes, ensuring that your expert evidence hits the target, and that you obtain maximum value for the costs involved.

Advice

Advice is a continuing process. However, once the above steps are completed, it will usually be possible to provide comprehensive, definitive advice regarding success. Cochrane Leahy Litigation will give realistic, pragmatic advice directed at resolving your matter in the best, most cost effective manner, so that you don’t unexpectedly end up with nothing but your costs and the other side’s costs to pay. You won’t get overly optimistic advice prompting you to run a trial or takes unnecessary steps where even if you win, you still lose financially.

Resolution

This is always the ultimate focus of our approach. Cochrane Leahy Litigation understands that the litigation process is merely a pathway to resolving a dispute. Sometimes it is necessary to run through all the above steps to get to this point, but if it can be achieved earlier at less cost, we won’t unnecessarily drag you through the entire process. The main resolution processes are:

 

  • ADR – mediation, concilliation, arbitration. Richard has appeared in dozens of concilliations and mediations and is familiar with all the strategies, legal and psychological, that can be employed. You can rely on him to optimise your result.
  • Trial – Richard has conducted trials in all the major Queensland courts and tribunals and also in many other courts including the Federal Court, NSW District Court and Fair Work Commission. His success rate reflects a selective approach before recommending that his clients commit to the expense and risk of trial.

 

Costs

In many jurisdictions, the successful party is likely to be awarded costs against the other party. But that might mean that you recover about two thirds of your actual out of pocket expenditure. And such awards don’t apply in all jurisdictions – in QCAT the parties will usually carry their own costs, win, lose or draw. Cochrane Leahy Litigation understand and will explain the implications of costs issues in your particular dispute so that you understand the proportionality of costs, your risks and the possible rewards.

Finalisation

Any settlement will be effected and any court orders explained and complied with. Because our policy is so communication driven, your final account will hold no sudden surprises. You will always be updated of every material issue or cost.