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Gerard Magner

Partner

+61 3 9603 3549
gerard.magner@hallandwilcox.com.au
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Current Practice

Gerard has a multi-faceted practice, with particular emphasis on shareholder, partnership and trust disputes, tax litigation and insolvency and reconstruction.  His expertise includes:
 
  • “oppressive conduct” disputes between business owners;
  • “just & equitable” winding up disputes between business owners;
  • breaches of director’s duties claims;
  • trust disputes, including breaches of trustee’s duties;
  • litigation in Supreme and Federal Courts and Tribunals as to the liability for GST, sales tax, wine equalisation tax, payroll tax, land tax, superannuation guarantee charge, Capital Gains Tax and personal income tax; 
  • takeovers; 
  • joint venture disputes; 
  • trade practices litigation; 
  • sports law; 
  • building and construction disputes; 
  • general contractual disputes; and
  • professional negligence.

Experience

Gerard has practised for many years with a particular emphasis on disputes between business owners, whether as shareholders, partners or unitholders. He also has extensive experience in dealing with disputes between family members who are engaged in business activities, or are in dispute where family wealth is held through corporate or trust structures. He has guided many parties to a resolution of their differences, both with and without court proceedings. He as also acted in a wide variety of commercial disputes in the Federal, Supreme and County Courts covering areas as diverse as trade practices disputes, Corporations Act litigation, property disputes, leasing disputes and sale of business disputes.

In the area of tax litigation, Gerard has acted for individuals, as well as public and private companies, in proceedings in the Federal and Supreme courts involving issues as diverse as liability for payroll tax, GST and sales tax exemptions and classifications, and directors’ liability for company tax.

Gerard also practises in insolvency and reconstruction.  He has acted for numerous insolvency practitioners over many years in the diverse range of areas encountered by administrators, receivers and liquidators in their administrations, including voidable transaction recoveries, proof of debt rejection appeals, review and drafting of appointment documents, review and drafting of deeds of company arrangement, litigation involving failed managed investment schemes and claims against directors as well as advising generally on the many issues arising during ‘trade-on’ administrations.  Gerard has also advised and acted for many directors facing insolvent trading issues, director penalty notices and breach of duty allegations.

Qualifications

Gerard has a Bachelor of Laws and a Bachelor of Economics from Monash University.  He was admitted to practice in 1984, and worked in a large commercial firm in litigation prior to joining Hall & Wilcox.  He became a partner in 2001.

Gerard is a member of the Law Institute of Victoria, the Litigation Lawyers Section of the Law Institute of Victoria, the Insolvency Practitioners Association of Australia and the Australian Corporate Lawyers Association.

 

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