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Tony Mylne

tmylne2_webPartner

LLB, Queensland University of Technology 1986
Certified Practitioner High Court of Australia 1987

Ph: 61 7 3292 9715
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Areas of practice

Engineering and Construction Disputes
Insurance 
Commercial Litigation
Insolvency/Recoveries

Experience

Tony has over 20 years experience advising clients in dispute situations. 

Tony advises corporate, commercial and government clients in the construction and engineering, insurance, property, professional services, medical and allied health sectors.     

Engineering and construction

  • Representing claimants and respondents under the Building and Construction Industry Payments Act 2004 (Q). Advising in respect of claims under the Act and presenting client seminars regarding the legislation and cases in NSW and QLD
  • Applications to the Supreme Court of Queensland seeking to void adjudicator's decisions and defending such claims
  • Acting for a body corporate defending claims brought by a government owned coproration seeking rectification of a central city boardwalk, joinder of various engineers and contractor 
  • Acting in a dispute involving body corporate and construction of a resort in Cairns involving a multiplicity of parties and causes of action ebfore the Supreme Court of Queensland
  • Acting for a national construction contractor in respect of a trade practices and defects dispute concerning a concrete slab and reliability of waterproofing
  • Acting for major concreting contractor against Multiplex and making urgent injunction applications to restrain the engagement of alternate contractors
  • Acting for body corporate defending claims brought by a government corporation seeking rectification of a central city boardwalk, joinder of various engineers and contractor
  • Acting in a dispute involving the body corporate in relation to construction of a resort in Cairns. The dispute involves multiple parties and causes of action before the Supreme Court. 
  • Acting for a national construction contractor in respect of a dispute in respect of trade practices and    
  • Acting for national construction group in recovery actions of a contractual nature, including construction, litigation, insurance litigation and Trade Practices litigation
  • Acting in commercial building dispute in relation to the Weipa Far North Queensland Bauxite Mine
  • Acting in administrative appeals and appeals as to valuation under the Mineral Resources Act 1989 (Q) to Land Resources Tribunal.

Commercial disputes

  • Acting for businesses in the motor industry - defending claims for oppression before the Supreme Court of Queensland
  • Settled a joint venture dispute involving New Zealand medical practices and associated transactions within Australia
  • Acting in the defence of charges of fraud brought by the Australian Securities and Investment Corporation (ASIC) within the financial planning industry including representation before enquiries at ASIC and before the District Court
  • Advised both franchisees and franchisors in the allied medical area and within the food industry and representing parties in disputes before the District and Supreme Courts within the franchising area
  • Acting for businesses in the funeral industry, food industry and business machines industry advising on litigation under the Australian Consumer law
  • Advising at auction and acted in protracted sale of shopping centre in the St. Lucia area
  • Advised on easement dispute involving Brisbane CBD property. Advising on historical aspects, whether extinguishment could apply, extent of rights and obligations under easement drawn 90 years ago in circumstances where development application made by servient tenement
  • Advice in respect of Planning and Environment Court issues associated with the easement dispute
  • Land resumption cases and applications before the Land Court with regard to various land resumptions within the funeral industry and others
  • Acting in body corporate disputes involving the Body Corporate and Community Management Act 1997 (Q) both before the Commissioner and the Supreme Court
  • Defending prosecutions under the Aged Care Act 1997(Cwth) brought against disqualified party. Matter of considerable significance for the client with the industry as owner of some seven nursing homes.

Insolvency and Recoveries

  • Large scale Supreme Court and Federal Court litigation from recovery through to bankruptcy and winding up
  • Recovering losses for private and commercial mortgagees in the Supreme and Federal Court, including acting for mortgagee of Laguna Quays in a recovery action against Japanese Guarantors - final resolution
  • Acting for mortgagees seeking recovery from defaulting mortgagors/subsequently pursuing negligence actions against professional advisors including valuers, solicitors and others
  • Disputes over retention of title clauses and constructive trusts
  • Representing the liquidator in a number of recovery actions in the liquidation of the Farrow Mortgage Group
  • Debt recovery for various corporations including Kemps Mercantile Agency, Prushka Fast Debt Recovery and a subsidiary of BHP Limited and its associated finance company.

Insurance

  • Acting in various inquests with respect ot the Workplace Health and Safety Act 1995 (Qld) and associated enquiries by inspectors
  • Acting for insurer advisnig in professional indemnity claims involving construction, defamation and employment related claims with respect to prosecutions and general workplace health and safety matters
  • Acting for insurer with respect to liability by members of Speedway Australia
  • Acting for various construction related companies on public liability claims  
  • Acted for mortgagees seeking recovery from defaulting mortgagors/subsequently pursuing negligence actions against professional advisors - valuers, solicitors and others.
  • Acting for self insurered telecommunications company in claims for damages incurred during various construction and maintenance projects.
  • Also, advised in defending personal injuries claims for telecommunications company.
  • Resisted claims against directors of a commercial tyre company in the Supreme Court and defended in arbitration against all directors and shareholders. Represented the client successfully in ongoing litigation and related litigation matters over the next three years.
  • Acted in dental negligence claims involving a specialist endodontic care and general dentistry.
  • Advising on professional indemnity matters arising from negligence claims against construction consultants.
  • Acted for marine insurers in relation to death, injury and collisions at sea.
  • Acted for Queensland local government insurer with respect to public liability claims.
  • Acting for insurer in claims arising from an accident at a major sporting event 
  • Acting in public liability and motor vehicle claims
  • Acting for WorkCover Queensland in common law claims.  

Professional memberships and appointments

Queensland Law Society
Australian Insurance Law Association
Building Dispute Practitoners' Society

Papers and presentations

Mortgagees Power of Sale & Fraud for Television Education Network, March 2008

Obtaining Advantageous Cost Orders for Australian Tax Office, April 2007

Various inhouse presentations relating to changes to the Subcontractors' Charges Act 1974, Building and Construction Industry Payments Act 2004 and the Queensland Building Services Authority Act 1991.