Andrew Lacey
Managing Principal
Managing Principal
Andrew is recognised as a leading Australian commercial litigator. He is the Managing Principal at McCabes and heads the litigation and dispute resolution group.
His experience in commercial litigation and dispute resolution spans a broad range of jurisdictions and industries.
Andrew acts for both public and private clients including medium to large Australian and international businesses, major manufacturers, property developers, insurance and finance brokers and financial institutions.
Andrew has particular expertise in corporations and competition law disputes, intellectual property disputes, including copyright and trademark infringements and regularly advises on directors’ duties.
Acting for a number of insolvency practitioners, he provides advice to directors and shareholders on all aspects of insolvency, with a focus on practical and cost-effective solutions for clients.
Prior to declaring bankruptcy, an individual may transfer funds to a regulated superannuation fund to avoid those monies being caught by the hands of a creditor. However, there is potential for those transactions to be considered void pursuant to the Bankruptcy Act 1966 (Cth), such that the trustee in bankruptcy may 'claw back' the funds for the benefit of and to be distributed amongst creditors.
The recent case of Shallhoub v Johnson [2023] NSWDC 555 is an important reminder that proportionality is a consideration in both the conduct of litigation and the assessment of legal costs to be awarded and paid post litigation.
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