Taxation and Superannuation: Philip has appeared in many taxation and superannuation cases in the AAT, and the County, Supreme and Federal Courts, both for taxpayers and the Commissioner of Taxation. He has extensive experience in advising on taxation and superannuation issues for deceased estates, not for profits, small businesses and large organisations, including cross border transactions and other international tax issues.
Commercial and Corporations Law:
Philip has experience advising, drafting pleadings and appearing in contractual, trade practices, commercial leasing and guarantees, unfair debt collection, and other commercial disputes in State and Federal Courts and VCAT.
Property, Intellectual Property and Security:
In these areas, Philip has:
• Provided drafting and other advice on the new personal property securities regime and other security measures, including leases, hire purchase, chattel mortgages.
• Provided advice and run litigation relating to real property and security enforcement disputes (eg caveats, guarantees, constructive trusts, estoppel/part performance, mortgages/charges, unconscionable conduct, retail tenancies legislation).
• Run Federal Court intellectual property litigation.
Philip has been involved in a number of professional negligence cases and costs disputes involving accountants and lawyers.
Bankruptcy and Insolvency:
Philip has experience in statutory demands and company wind up applications, including setting aside of winding up orders and "claw back" in an insolvency situation. He has also appeared in and provided advice on bankruptcy matters, including debt recovery by the ATO and "claw back" transactions.
Philip has written articles and presented to the LIV and Victorian Bar on insolvency issues, including Australia’s cross border insolvency legislation. He has spent time as a visiting scholar to UNCITRAL in Vienna, which is the United Nations body that drafted the model law on which Australia’s cross border insolvency legislation is based.
Trusts, Charities and Deceased Estates:
Philip has been involved in a number of TFM disputes and other cases involving trusts. He also has experience in providing advice on trust law and other deceased estates issues, including testamentary and charitable trusts.
Philip has been involved in several litigation matters with administrative law aspects, including consideration of the exercise of discretion by government departments, and the application of the ADJR Act.
Maritime and International Law:
Philip holds a PhD in international law and maritime law. He has also spent some time working as an intern at the International Tribunal for the Law of the Sea in Hamburg and at the UN in Vienna.