Expertise

Working almost exclusively in commercial litigation in a career spanning more than 17 years, Jarrod joined Cornwalls in 2008 and has been a partner since 2013.

He has substantial experience in running large scale and complex litigation, with a focus on insolvency and bankruptcy, retail and commercial leasing disputes, banking and finance disputes and shareholder disputes.

Jarrod possesses particular expertise in the legal issues surrounding:

  • commercial and retail leases (especially during insolvency administrations);
  • education service providers, where Jarrod advised insolvency practitioners and RTOs alike (including claims against the Department of Education and Training); and
  • business and company valuations, particularly in the context of shareholder disputes.

In 2011, Jarrod was one of the persons responsible for reviewing and updating the Lexis Nexis Australian Corporation Law – Principles & Practice (External Administration) loose-leaf volume on a quarterly basis.

Jarrod is also a regular presenter to industry groups and to the Television Education Network on insolvency issues.

Experience

  • The administrators, and subsequently liquidators, of a billion-dollar listed managed investment scheme, with a focus on the retirement and aged care industry, including:

    • disputes with secured creditors and receivers over the validity and extent of their securities;
    • applications to approve the appointment of the administrators;
    • applications to extend the convening period;
    • advising on issues regarding unit holders and the Financial Services Ombudsman, and regarding aged care legislative issues;
    • responding to ASIC investigations and prosecutions of the former directors of the company by ASIC;
    • claims against the company’s directors and professional advisors for breaches of duties;
    • advising on the company’s directors and officers insurance policy;
    • voidable transaction claims; and
    • an application to wind up the scheme;
  • The liquidator of a large transport and logistics group in relation to:

    • a large unfair preference claim against the ATO;
    • a securities dispute against the related party financier of the group; and
    • recovery of a substantial debt book, resulting in significant recoveries in circumstances where a debtor finance company and receivers had both already picked the ‘low hanging fruit’;
  • The majority shareholder of a retail company with over 50 retail stores across Australia on a shareholder dispute, including complex issues arising from a valuation of the business;
  • A unitholder of a unit trust in relation to a dispute with other unitholders regarding a substantial commercial property development;
  • A substantial creditor of a publicly listed education service provider on issues arising from the administration and liquidation of the group;
  • The director of a construction company on a shareholder dispute, resulting in a swift resolution of the dispute and a takeover of the company by our client;
  • Insolvency practitioners (including bankruptcy trustees) in corporate and personal insolvencies, including voidable transaction claims, termination of winding up proceedings, extensions of convening periods, insolvent trading and sales or divisions of property of bankrupt estates;
  • Property managers of businesses with large portfolios of commercial and retail premises regarding disputes with tenants; I also act for tenants in leasing disputes;
  • Various clients (including international businesses) in contract disputes and debt recovery matters; I have particular expertise in the use of statutory demands against debtors;
  • Creditors/scheme members on the bankruptcy of the principal of a gambling syndicate (alleged to be a Ponzi scheme);
  • One of Australia’s largest quarrying operators and suppliers of concrete, regarding quarry valuation issues, insolvency issues and debt recovery matters.

Qualifications

  • Bachelor of Laws (the University of Western Australia)
  • Bachelor of Commerce (the University of Western Australia)

Jurisdictions Admitted to Practice

  • Victoria
  • Western Australia
  • New South Wales
  • High Court of Australia

“I was once told that if a matter proceeds to trial then you have failed your client. This simple philosophy has stayed with me and, while it may not always be true, it has taught me that the most important objective in any dispute is to achieve a commercial outcome for the client.”