“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
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.
“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
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
Protecting a director against large-scale litigation
Problem: The former director of an energy company was faced with large-scale litigation for alleged breach of directors duties in relation to various transactions entered into with other former directors of the Company.
Aptum’s role: Aptum was engaged to protect the director against the attraction of personal liability.
Outcome: Whilst simultaneously minimising the risk of our client’s insurance policy being inapplicable, Aptum executed a litigation strategy that led to a resolution following a mediation – preventing the time and cost of trial. The matter was one of the first instances of insurers as joint defendants in Australia.
“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)
Case Study
An investor gets another chance to value their business
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 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 recived a fair amount based on their interest in the business.