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Liam McCusker
Donaldson Walsh Lawyers · Australia
Donaldson Walsh Lawyers
Litigation · Australia
Liam is a commercial litigator with a particular focus on:
- contractual disputes;
- property related disputes;
- building and construction disputes;
- competition and consumer law disputes; and
- intellectual property disputes.
Corporate, professional negligence and insolvency matters are also handled by Liam.
He has represented a wide range of clients, including large companies, developers of technologies, property developers, directors, partnerships, medium and small business enterprises, and property owners (both commercial and residential).
Relevant Experience
Liam has considerable experience in matters in the Federal Court of Australia, the Supreme and District Courts of South Australia and New South Wales, the Magistrates Court of South Australia, the Local Court of New South Wales, and the appellate Courts of South Australia and New South Wales.
Some examples of Liam’s experience include:
- Acting for the operators of an emergency medical centre in a dispute with the landlord, including the securing of urgent interlocutory relief to ensure the operators could remain in useful occupation of the premises whilst the dispute remained unresolved.
- Appearing as junior counsel to successfully defend an application made against a client for security for costs seeking more than $1.3 million.
- Successfully defending claims made by a construction company for unpaid building work, and successfully prosecuting a counterclaim for damages for defective building work and breach of contract.
- Acting for a residential building company against a claim for defective works.
- Acting, both as counsel and instructing solicitor, in two separate Supreme Court proceedings concerning the dissolution of partnerships.
- Acting against a large commercial and residential construction company to recover amounts owed under an Option Agreement securing purchase rights worth $9 million.
- Defending a claim in the Supreme Court of New South Wales against a finance company and one of its directors alleging breach of contract, misleading and deceptive conduct and fraud.
- Acting for a developer of heat transfer technologies. It was alleged the former managing director and engineering staff of the developer conspired to exploit the intellectual property of the developer to its exclusion.
- Acting for a landlord of a commercial property in a dispute concerning the validity of a notice of termination issued under the lease.
- Acting for a company in relation to proceedings alleging misleading and deceptive conduct in connection with the sale of a business.
- Successfully arguing that an assignment of the benefit of a contract for sale of land from one developer/vendor to another did not automatically assign the benefit granted under a deposit bond guarantee provided by the purchaser pursuant to the contract of sale.
- Acting for a former member of a company in the New South Wales Court of Appeal and successfully obtaining orders confirming that the member was not liable to pay a ‘call’ made by the company on former members, despite the company’s constitution permitting such a call.
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