Cassie O’Bryan Senior Associate

Having worked on matters that have set a number of precedents and influential decisions, Cassie is an intelligent and determined commercial litigation and insolvency lawyer able to develop unique solutions to obtain the best outcomes for her clients.

Cassie’s experience includes working on several cases involving multi-million dollar claims and complex areas of law, many of which have set precedents in respect of Australian Corporations Law. Cassie regularly advises on contractual and business disputes, deed of company arrangements, breach of directors’ duties, securities matters, debt recovery, preference claims and bankruptcy/insolvency matters.

Cassie has links to the agribusiness, farming and equine communities and is well placed to assist with such matters.

Key focus areas: 

  • Contractual and business disputes
  • Partnership/shareholder disputes
  • Deed of company arrangements
  • Breach of director’s duties
  • Securities matters
  • Large and small debt recovery, including debt agreements
  • Preference claims
  • Bankruptcy/insolvency matters including acting for:
    • Liquidators/trustees
    • Creditors
    • Directors
    • Other interested parties

Key matters: 

  • Conducting a landmark matter involving Australian Securities and Investment Commission (ASIC) attempting to remove our client as liquidators due to an existing referral relationship with the restructuring firm who referred the director to the liquidators.
  • Conducting the administration and liquidation of a large national construction company which required advising the administrators on the transfer of contracts, subcontractor claims (in both Victoria and Queensland), return of bank guarantees, and the validity of securities, in addition to liaising with the secured creditors, handling creditor enquiries and attendances at meetings of creditors and committee of inspection.
  • Successfully representing a director in an application on appeal to a Justice of the Supreme Court for the termination of the liquidations of two related companies. Both cases are now used in support of the argument that the Court must take into consideration any steps that a director has taken to try and remedy past ‘bad’ behaviour in respect of the question whether, on public policy grounds, a company should be returned to the control of the director.
  • Assisting with a four week hearing of a dispute between two families who were in business together and operated via a complex trust structure. The matter was complicated by the fact that the business is run via a complex unit trust structure and one of the parties sought an order for the buyout of units under s.233 of the Corporations Act alleging oppression. This matter established the precedent that where oppression has occurred, the Court is able to make any order in relation to the company and therefore, in this matter the Court could make an order requiring the buyout of units in the trusts.
  • Acting on behalf of a client in relation to a dispute in respect of property damage caused by the discharge of water from a neighbouring property following a significant/large scale development taking place.
  • Acting on behalf of a client in relation to a dispute in respect of property damage caused by the discharge of water from a neighbouring property following a significant/large scale development taking place.
  • Acting for a head contractor to successfully oppose the demands of a subcontractor in the early stages a Building and Construction Security for Payment Act claim and ensure no further demands or claims against the head contractor or the principal would be made.
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