Partner

Stuart Walter

Stuart is a highly regarded advisor to numerous businesses and their owners. He has extensive experience acting in significant disputes for businesses across the manufacturing, agri-business, IT and professional services industries.

Stuart has developed a particularly deep understanding of the needs and important issues that regularly arise for SME owners and develops dispute resolution strategies that achieve real commercial outcomes. Stuart sees beyond the dispute and works with owners to ensure the “bigger picture” is never lost. This is reflected in Stuart maintaining his client relationships well after a dispute has been resolved.

Stuart has run numerous cases in the Federal Court of Australia, the Supreme Court and County Courts of Victoria and in many other jurisdictions. Stuart has also been involved in the resolving disputes via the Victorian Small Business Commission (VSBC) as well as acting in a large number of private mediations held before court proceedings are commenced.

Expertise

Stuart’s expertise includes:

  • Corporations and consumer law
  • Disclosure obligations
  • Fraud
  • Consumer guarantees/product liability
  • Shareholder/partner and trust disputes
  • Unconscionable conduct/ unfair contract terms
  • Fiduciary/equitable duties
  • Confidential information/IP
  • Class actions
  • Complex contractual disputes.

Recent projects

  • Acting for minority shareholder/beneficiary of trust in respect of sibling dispute over large property investment business.
  • Advising large agriculture operator in respect of potential claims arising from loss of operations following biosecurity outbreak.
  • Acting for majority shareholders in respect of removing under-performing minority shareholder in business partnership.
  • Advising client in respect of ACCC compulsory product recall.
  • Acting for client bringing claims against director for misappropriation of funds arising from a property development.
  • Acting for client against IT developer for breach of contract.
  • Successfully obtaining judgment in the Supreme Court of Victoria for owners in respect of claims against former employee who sought to use confidential information to establish a competing business (including an order for indemnity costs from the date of commencement of the proceeding).
  • Acting for manufacturer in relation to disputed customer complaint of breaches of statutory guarantees; that goods not of acceptable quality/ faulty.

    Sector

Partner

James Tobin