Case Studies

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Some examples of our recent cases

Dispute with one of Australia’s four major banks

We were approached to help a hard working farmer and his family business, who unbeknownst to him, was being charged an increased interest rate over many years for which he received no notification at a significant cost to him.

He sought to end his relationship with this bank. The bank refused to hand over the securities so that he could refinance and go with another bank. The farmer spent over a year fighting on his own and without the help of lawyers.

After we were instructed to act for the farmer in this dispute, it was also discovered that the break cost that the bank was charging him may have been in excess of what the mortgage and loan agreement provided. We fought hard to have the bank see the errors of its ways.

The bank retained its own big city lawyers and hard negotiations ensued, some well into the night in the city. The dispute was ultimately resolved with the bank agreeing to accept more than a million dollars less than what it was demanding from the farmer and release the farmer’s securities, which enabled him to refinance at the lower settled amount.

Our fees only constituted 3 % of the savings we was able to achieve for the farmer.

Dispute with one of Australia’s major insurance companies

Our client, a grain grower, paid a major large Australian insurer hundreds of thousands of dollars in crop insurance premiums over a number of years. A few years ago a severe hail storm damaged most of the grower’s crop. The grower made a claim with the insurance company for damaged crop to the local area manager. The local area manager failed to record the claim.

After a few months of not hearing back from the insurance company, the grower was forced to harvest the crop before rot set in. Because the grower was busy harvesting to pay the bills, the grower did not follow up the insurance company until after the harvest was complete. The insurance company informed the grower that because a claim had not been recorded, the insurance company was not able to assess the loss of the damage to the crop and denied the grower cover or indemnity.

The grower retained us to advise it on the terms of the insurance policy and the validity of the denial of insurance cover and pay out by the insurance company. The insurance company also retained some big city lawyers and after negotiations broke down, we lodged a complaint with the Financial Ombudsman Service (FOS). In support of the complaint, we prepared a detailed case book and legal submissions for FOS.

A decision from FOS is pending.

If the grower accepts the decision made by FOS, then this will be binding on the insurance company. However, if FOS finds in favour of the insurance company against the grower then the grower has a second chance by commencing court proceedings against the insurance company.

We are assisting the grower navigate through the maze of legal options available to them.

Dispute with a high end wealth management, financial planning and stock broking firm

We were approached to assist a client who suffered significant financial loss in an investment made in shares of listed companies involved in the oil & gas and pharmaceutical industries.

The investments were not right for our client nor did they fit his risk profile.

The stock brokers retained a top tier Australian law firm. The stock brokers were not willing to entertain any pay out of our client’s loss and as such we were instructed to commence Supreme Court proceedings.

Dispute with a Big 4 international accounting and professional services firm

Our clients, an Australian wife and husband, were forced to relocate overseas because of the wife’s job. The couple obtained advice from one of the big 4 accounting firms on tax implications of the relocation. The couple was particularly concerned with what they could do with their family home in Australia whilst overseas.

The couple received some advice and based on that advice sold their family home in Australia. This caused them to incur a big tax bill in the overseas country. The couple have retained us to help them with recouping this loss and damage from the accountants.

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