Case Studies

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.

“I have been very impressed with everything regarding how [you] have conducted my endless and now finalised proceedings.”

- Anonymous

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.

“[Aptum is] incredibly responsive, personalised & empathetic. They are a highly intelligent team with a strong understanding of the law. Provides both sound legal & practical commercial advice.”

- Anonymous

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.

“The whole team from the top of Aptum Legal down to the support team have all been very professional and always gone above and beyond for me and my family.  I will highly recommend them for future work with people in my network needing legal professionals.”

- Anonymous

A mining company preserves their contractual rights in a high-stakes arbitration

Problem: Our client was a mining company that had invested in a mining venture through joint venture agreements with a publicly listed mining company.

The dispute concerned the termination of the joint venture agreements.

Aptum’s role: The joint venture agreements contained an arbitration clause, so the dispute was referred to arbitration.

Arbitration played to Aptum’s strength by constraining the dispute to the central issues in a streamlined and fast dispute resolution process. Aptum crafted a legal strategy that focussed on the essential issues with meticulous preparation and execution.

Critically, Aptum was able to deliver a cost-effective strategy against a large, well-resourced national law firm.

Outcome: Our client was successful in the Arbitration.

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.

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.

“Aptum Legal was able to grasp the complexities of [my industry], which previous lawyers were unable to understand. My personal preference is for Aptum Legal to open in Queensland.”

- Individual, Employment Dispute

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.

“You accomplished what we needed in a timely and efficient manner (which a certain other large firm seemed wholly incapable of doing, or even caring to do for us).  It appears that is a common feature of your work.”

- Anonymous

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.

“As strangers to the Australian legal system, and indeed litigation funding, we probably weren’t the easiest guys to deal with. But Aptum made the process clear and there were no surprises.”

- Martin Fine (Director)

A shareholder exits a family business on fair terms

Problem: A shareholder in a longstanding family-owned construction and property group sought to exit the business following a breakdown in relationships. The dispute involved allegations of oppression, fiduciary breaches and competing interests across complex corporate and trust structures.

Aptum’s role: Aptum developed and implemented a strategy to navigate the legal complexities while remaining sensitive to longstanding family dynamics.

Outcome: Aptum helped position the client to pursue a fair exit from the business, while protecting their interests and preserving value in a highly contentious dispute.

A technology business protects its interests after the breakdown of a joint venture

Problem: A technology company became involved in a dispute following the breakdown of a joint venture established to develop and commercialise digital mapping products. The dispute involved competing claims regarding ownership, technology and commercial rights.

Aptum’s role: Aptum worked with the client, forensic IT experts and litigation funders to build a clear litigation strategy and manage complex technical evidence.

Outcome: Aptum helped the client pursue its claims and navigate a high-value dispute involving valuable intellectual property and technology assets.

A client pursues a claim against a former solicitor

Problem: After unsuccessfully pursuing a substantial commercial dispute, a business owner sought to bring a professional negligence claim against his former solicitor. The dispute centred on the quality of legal advice provided during the earlier proceeding and whether a settlement opportunity should have been accepted.

Aptum’s role: Aptum developed a litigation strategy focused on achieving an efficient commercial outcome, including agreeing an alternative document exchange process and securing consent orders to progress the dispute rapidly towards mediation.

Outcome: Aptum helped position the client to pursue his claim efficiently while avoiding unnecessary costs and delay, creating an opportunity for an earlier commercial resolution.

A financial services provider responds to a major regulatory investigation

Problem: Following a cybersecurity incident, a financial services provider faced a significant ASIC investigation, compulsory notices, and related consumer claims. The business needed to manage regulatory risk while maintaining day-to-day operations.

Aptum’s role: Aptum led the response to ASIC's investigation, managed large-scale document production and privilege issues, and advised the business on regulatory exposure.

Outcome: Aptum helped contain regulatory risk, protect the client's financial services licence, and avoid escalation into enforcement proceedings while the investigation continued.

A director defends claims arising from the management of investment funds

Problem: A director became involved in a high-value dispute concerning the management of investment funds and related investment entities. The proceedings involved allegations of breaches of fiduciary and statutory duties and claims for substantial losses.

Aptum’s role: Aptum assumed carriage of the matter after the client changed legal representation and developed a strategy to assess the claims, understand the client's exposure and identify practical pathways towards resolution.

Outcome: Aptum helped the client respond to complex claims involving significant financial exposure while positioning the dispute for an efficient and commercially focused resolution.

An executive defends claims in one of Australia's largest corporate fraud disputes

Problem: An individual was accused of participating in an alleged fraud involving more than 100 transactions and alleged losses exceeding $340 million. The proceedings formed part of one of Australia's most significant corporate fraud disputes and involved allegations made by a major Australian bank.

Aptum’s role: Aptum developed and executed the defence strategy in a highly complex Federal Court proceeding. The team was required to make critical forensic and strategic decisions at an early stage while operating within significant resource constraints.

Outcome: Aptum helped the client defend substantial allegations in a high-profile proceeding, navigating significant legal and financial exposure while maintaining a focused and efficient litigation strategy.

A commercial tenant enforces its right to a $1.5 million payment

Problem: After surrendering a lease, a commercial tenant was entitled to receive staged payments under a negotiated agreement. When the counterparty refused to make a significant payment, the tenant commenced proceedings to enforce its rights.

Aptum’s role: Aptum analysed the contractual framework, developed a focused litigation strategy and prepared the matter for summary determination.

Outcome: The matter proceeded efficiently to a final hearing, where the Court found in favour of Aptum's client and praised Aptum’s approach to reducing cost and delay.

A developer defends a $50 million development and leasing dispute

Problem: A property developer sought to terminate an agreement with a major retail tenant after key development approvals were not obtained. The tenant disputed the termination and commenced proceedings seeking to compel performance of the agreement.

Aptum’s role: Aptum developed and implemented a strategy to defend the proceedings, manage the associated commercial risks and facilitate settlement discussions directed towards a practical commercial outcome.

Outcome: Aptum helped protect the developer's position in a dispute valued at approximately $50 million while advancing commercial discussions that provided alternatives to prolonged litigation.

A tenant protects its right to purchase a commercial property

Problem: A dispute arose after a tenant sought to exercise an option to purchase a commercial property. The landlord alleged that the tenant had breached the lease and was therefore prevented from exercising its rights under the option deed.

Aptum’s role: Aptum took carriage of the proceeding from the client's previous lawyers, reframed the legal claims and developed a revised litigation strategy. Aptum also identified additional claims and evidence that strengthened the client's position and enabled the matter to progress towards trial.

Outcome: Aptum significantly improved the client's position in the dispute and ultimately helped achieve a favourable commercial resolution, enabling the client to continue operating its growing business.

A company seeks recovery of funds committed without authority

Problem: A company became involved in a dispute after an individual purported to commit it to a significant commercial arrangement without proper authority. The matter raised complex issues about corporate governance, directors' powers and the misuse of company funds.

Aptum’s role: Aptum pursued claims to recover funds and challenge the validity of the transactions, while managing related proceedings involving competing claims over company assets.

Outcome: Aptum protected the company's interests and advanced coordinated proceedings designed to recover substantial funds and clarify the limits of directors' authority.

A company challenges a disputed director appointment

Problem: A dispute arose regarding the ownership and control of a mining company after allegations that an individual had improperly appointed himself as a director and issued himself a controlling shareholding. The dispute involved questions of corporate governance, shareholder rights and company control.

Aptum’s role: Aptum worked closely with counsel to defend the company's position, including responding to applications seeking to introduce additional evidence and managing broader disputes concerning control of the company and its assets.

Outcome: Aptum helped protect the company's interests in an ongoing dispute involving substantial commercial value and significant governance issues.

A liquidator traces millions in allegedly misappropriated funds

Problem: A liquidator sought to recover company funds allegedly misappropriated by a former director. The claim required extensive investigation of financial records, transaction flows and third-party dealings.

Aptum’s role: Aptum designed and executed the recovery strategy, conducted forensic investigations and developed claims focused on maximising returns for creditors.

Outcome: Aptum established a clear pathway for recovery and positioned the liquidator to pursue significant claims arising from the movement of millions of dollars.

A beneficiary protects their interest in a family estate

Problem: A dispute arose over the ownership and control of a significant rural property following the administration of an estate. Family members held competing views about the operation of trusts and the deceased's intentions.

Aptum’s role: Aptum distilled decades of historical and trust-related issues into a clear legal strategy and provided guidance through a highly sensitive dispute.

Outcome: Aptum helped protect the beneficiary's interests while working towards an outcome consistent with the deceased's wishes and the proper administration of the estate.

A corporate taxpayer responds to a regulator's extensive document demand

Problem: A regulator issued a statutory notice requiring the production of documents spanning more than 15 years. The request involved hundreds of thousands of files and created significant cost and compliance challenges.

Aptum’s role: Aptum negotiated with the regulator to narrow the scope of the request and used advanced document review technology to assess relevance and privilege.

Outcome: Aptum significantly reduced the burden on the client, protected sensitive material and completed the production process efficiently and cost-effectively.

An organisation responds to serious allegations against a former employee

Problem: A disability services provider uncovered alleged misconduct by a former IT manager involving false invoicing and supplier arrangements. The organisation needed to recover losses while managing operational and evidentiary complexities.

Aptum’s role: Aptum investigated the claims, secured urgent asset preservation orders and developed a clear litigation strategy to pursue recovery.

Outcome: Aptum assisted the organisation in achieving a successful settlement and recovering value while minimising disruption to its ongoing operations.