Case Studies

Case Study

An individual in dispute with a property developer successfully defends a Supreme Court appeal

Problem: Our client, an individual, was stuck in a bitter dispute with a property development company arising from the stalled sale of a property due to a disagreement about the tax treatment of the sale.

Prior to engaging Aptum, the individual commenced proceedings in VCAT to force the sale to go ahead. Whilst this was successful, the development company appealed the decision to the Supreme Court of Victoria.

Aptum’s role: The client left a large law firm to engage Aptum to protect the win in VCAT. Aptum’s role was to take over the defence of the appeal, to formulate the position and defend the appeal without engaging external counsel.

Outcome: Aptum successfully defended the appeal in the Supreme Court, and the orders stood, enabling the property sale to go ahead for our client. By not engaging external counsel, Aptum demonstrated its expertise in advocacy, which also served as a cost benefit to the client in what was a complex and lengthy dispute.

Case Study

CEO of a pioneering Australian brand successfully prevents senior employees from using company IP to harm the business

Problem: The CEO of a pioneering Australian brand approached Aptum to assist with a workplace investigation into the conduct of several senior employees, who were believed to have inappropriately used company resources.

Aptum’s role: Aptum’s investigation process helped the CEO uncover the nature of the employees’ misconduct and map a pathway for resolving the problem.

The employees had used the company’s resources and confidential information to commence a new enterprise for their own benefit.

This led Aptum to first advise on the termination of the senior employees, before turning to the CEO’s other dispute resolution objectives.

Following their termination, Aptum commenced proceedings in the Federal Court of Australia against the senior employees and the new enterprise, seeking compensation and specific performance for the senior employees to transfer the IP of the new enterprise back to the company.

In doing so, Aptum performed a dual role in leading the legal strategy as well as engaging in regular contact with the CEO to help consolidate the governance of the business.

Outcome: Whilst the outcome is confidential, this dispute was resolved in a way that successfully met the client’s objectives.

This engagement demonstrates Aptum’s capability to find broad commercial outcomes in proceedings regarding breaches of duties by senior employees that involve significant procedural, factual and legal complexity.

Case Study

Two individuals pursued for AUD $17.8M Director Penalty Liability achieve significant debt reduction

Problem: The ATO brought a claim for a summary judgment against two individuals to recover tax debt of AUD $17.8M.

Aptum’s role: Aptum was engaged to dispute the application, and caused the ATO to withdraw the summary judgment application. Subsequently, orders were made for the ATO to pay Aptum’s clients’ costs of the summary judgment application.

However, the ATO then pursued Aptum’s clients for reduced director penalty liabilities in the Federal Court of Australia.  Aptum defended this action on the basis that our clients had been shut out from the company’s affairs by reason of the fraud committed by another director, and positioned the clients for negotiations with the ATO.

Outcome: The ATO subsequently entered into settlement negotiations, with Aptum negotiating an outcome for the clients that represented a significant reduction in the original tax liability.

Case Study

An accomplished farmer has his property protected in a family trusts dispute

Problem: Our client was a farmer who had spent approximately 60 years prior to the dispute establishing and developing numerous farms that had grown to a combined value of more than AUD$15M.

The properties for these farms were held in a property trust, of which our client’s son and his son’s wife were named beneficiaries of the trust, as well as directors of the corporate trustee. Our client was named as a general beneficiary and a director of the corporate trustee.

When the farmer’s son and the son’s wife decided to separate, they became engaged in a family law dispute relating to the division of the trust property.

The wife sought a 50% distribution from the trust on the basis that the husband and wife were entitled to 100% of the trust between them, ignoring our client’s interest and significant contribution to the trust.

Aptum’s role: Before Aptum was engaged, our client was effectively being ignored by the other parties to the divorce proceedings.

Using specialist corporate trust experience, Aptum’s role became to intervene in the proceedings on our client’s behalf so he could protect his interest in the trust.

Outcome: A negotiated outcome to this matter was achieved prior to trial that properly recognised and protected our client’s interest in the property.

Case Study

An ousted business owner told he didn’t have a chance, then came to Aptum

Problem: Aptum’s client was forced out of his position in a co-op business in a highly specialised industry by the other shareholders. The client contacted several lawyers prior to Aptum who advised him that a shareholder oppression claim was unsubstantiated.

Aptum’s role: Aptum was engaged, and based an oppression claim on a novel interpretation of the Court’s powers to order compensation for our client.

Outcome: Despite this matter having been transferred to Aptum following a significant legal spend by the client, Aptum was able to strategise a legal pathway that achieved a successful outcome for the client whilst acting against a much larger firm.

Case Study

Protecting the main asset in an international, US$500 million dispute

Problem: Aptum’s client is an investment entity with significant investments in gas projects in the Asia Pacific. The client sought to restrain a major oil and gas company listed on the ASX from receiving payments due to be made to foreign entities when an international liquefied natural gas project reached a certain developmental stage, pending the outcome of a US-based dispute.

Aptum’s role: Aptum was engaged to seek a freezing order against the major oil and gas company, protecting the main asset that is the subject of the US-based dispute. To do so, Aptum commenced proceedings in the Federal Court of Australia.

The application involved complex questions relating to the prospective enforcement of a US judgment in Australia under common law (as US judgements cannot be registered in Australia), and a complex factual scenario involving multiple related proceedings in the US, Singapore and Barbados. 
 
The application related to assets valued at approximately US$500 million.  
 
Aptum engaged counsel to appear on the return of the applications, but otherwise prepared and filed the application without the need for counsel.

Outcome: This engagement demonstrates Aptum’s capability in complex debt and enforcement proceedings involving significant procedural, factual and legal complexity. It also demonstrates Aptum’s ability to effectively prosecute complex litigation with minimal involvement of counsel, thereby enhancing value-for-money for our clients.

Case Study

An investor forced from a business gets a fairer valuation of the share price

Problem: An investor in an early-stage business had been forced out through a compulsory share buyout in what presented as an undervalued share price, and came to Aptum to initiate a substantial professional negligence claim against the professional accounting firm who had conducted the business valuation.

Aptum’s role: Aptum effectively reopened the valuation to provide our client with a voice in the process of determining the value of shares,

Outcome: Aptum worked closely with the client and a litigation funder to achieve a successful outcome within 12 months of issuing proceedings.

Aptum ensured the director received a fair amount based on their interest in the business.