Warren Jiear

(B InfoTech LL.B)
PARTNER

Warren is the responsible Partner for the Commercial Litigation Group.

Warren is an accredited specialist in commercial litigation and specialises in commercial litigation and insolvency matters.

His commercial litigation experience includes real and personal property disputes, shareholder disputes, contractual disputes, building and construction litigation, negligence claims, franchising disputes, claims under the Trade Practices Act 1974, disputes concerning trusts and beneficiaries, banking litigation, partnership disputes and conducting general recovery actions. In debt recovery matters, Warren has acted for and against creditors, debtors, insurers and body corporates.

His insolvency experience includes the winding up of corporations, acting for and against receivers, administrators, liquidators and trustees in bankruptcy.

Areas of Practice

• Commercial Litigation;
• Debt Recovery
• Corporate Insolvency and Reconstruction; and
• Bankruptcy.

Experience

• Acting for and against both corporate and individual creditors in relation to general recovery actions, including instituting and defending both winding up and bankruptcy proceedings.
• Advising the administrators and liquidators of companies and trustees in bankruptcy with respect to their duties, powers and Responsibilities.
• Preparing deeds of company arrangements.
• Acting for and against liquidators and trustees in bankruptcy and litigating voidable transaction claims under the Corporations Act and the Bankruptcy Act respectively.
• Litigating a dispute over the interpretation of section 121 of the Bankruptcy Act to the High Court
• Defending directors of companies and their associates against claims by the ASIC in the Supreme Court of Queensland for allegedly operating unregistered management schemes, providing a financial services advice without holding a financial services licence, fraud and misleading and deceptive conduct, involving claims of in excess of $100M.
  Conducting tri-partite litigation over $9M of property where proceedings were concluded (including a 2 day trial) in under 3 weeks.
• Acting for property developers in relation to breach of contract cases and specific performance of contracts.
• Defending court proceedings on behalf of a transport company involving damage to jet engines and relying upon exclusions under the provisions of the Warsaw Convention.
• Acting for franchisees against franchisors claiming damages for misleading and deceptive conduct under the Trade Practices Act.
• Prosecuting negligence claims against professionals for negligent advice and conduct.
• Appearing as a solicitor-advocate in relation to civil litigation matters at both the Federal and State Courts.

Warren Jiear is available to discuss any matters or queries you have, and would be pleased to assist you. Please contact Warren on (07) 3221 1838 during office hours: Monday to Friday 7:30 am - 7:00 pm. Or email Warren at wjiear@quinnscattini.com.au