Tim Dobinson

Tim is the partner in charge of our firm’s compensation and commercial law teams.

Tim’s compensation practice covers claims of all natures brought by individuals against statutory and corporate insurers. Tim has acted for clients in over 1000 compensation claims during his 20 year career.

Tim’s commercial practice covers a range of corporate and commercial matters, with a focus on:

• commercial property and business transactions (acquisitions/disposals)
• retail, commercial and industrial leasing
• commercial dispute resolution
• corporate structuring

His clients include one of Australia’s largest privately held property consortiums, Australia’s largest commercial lessor, one of Australia’s largest property developers and retail lessor, and Australia’s leading real estate service provider.

Highly regarded for his skills in project managing and leading contract negotiations for large scale transactions and disputes, Tim implements commercial solutions to complicated commercial issues.

Finding the balance between his clients’ requirements and the commercial realities of each transaction or dispute, Tim consistently delivers positive outcomes for his clients.

His work has involved:

TRANSACTIONAL

• Acting as lead partner in respect of the negotiation and ultimate transaction of a high-rise office building in Sydney’s CBD and the sale and leaseback for total consideration in excess of $70 million.
• Acting for purchaser in respect to the proposed acquisition of a $40 million pastoral allocation and cattle herd exceeding 40,000 head. This transaction involved due diligence in respect to land tenure issues, the legal entitlement of Receivers and Administrators to dispose of assets; review and advice on a 170 page Contract on behalf of three separate vendors to two purchasing entities.
• Acting for vendors in respect of the disposal of shares in a business entity for a total consideration of $25 million in cash and shares.
• Acting for a vendor in respect of the disposal of an $18 million development site including the drafting of appropriate special conditions, dealing with due diligence and planning approvals and conditions.

LEASING

• Acting for one of Australia’s largest privately held property consortiums in respect to all of their local retail shop leasing interests including the review, negotiation, and drafting of numerous Retail Shop Leases and the preparation of Retail Shop Lease Disclosure Statements.
• Acting for a family grazing partnership in respect to leasing of agricultural assets with annual rental in excess of $1 million per year with first rights of refusal and put and call options.

COMMERCIAL DISPUTES

• Acting for joint venture partners in development venture following the default by the third joint venture. This assignment saw us exercising redemption options against the joint venture partner along with successfully recovering 100% of the $12 million in secured loans and equity from the venture and all of our client’s legal costs.
• Acting for a tablelands family farming partnership as a fourth party in a nine party action in the Federal Court where damages in excess of $10 million were sought for breach of Section 52 of the Trade Practices Act. The action was resolved in favour of our client and 100% indemnity was subsequently recovered from our client’s insurer.
• Acting for a mining company in enforcing security and performance under a joint venture agreement resulting in a settlement exceeding $5 million.
• Acting for a family corporation in taking proceedings against one of “the big four” banks in the Queensland Supreme Court for breaches of Section 52 of the Trade Practices Act. The action was resolved with our client recovering in excess of $2 million in compensation.
• Acting for land owners in resisting a specific performance action brought by a property developer. The proceedings were successfully resisted at the trial in the Supreme Court and on appeal in the Queensland Court of Appeal.
• Acting for a Corporation in proceedings against a landlord seeking in excess of $2 million in damages.
• Acting for a partner in an export partnership turning over in excess of $20 million a year in a quasi dissolution. This assignment saw our client successfully recover his full equity in the partnership, defeating restraints of trade and going on to open a successful operation in his own right.

INSOLVENCY

• Acting for Liquidators in proceedings against Directors for breach of duties commencing 13 years prior to our instructions.
• Advising Directors in respect of proceedings commenced by a Liquidator seeking to recover in excess of $ $1.5 million on account of alleged breaches of duty.
• Acting for a liquidator in successfully resisting appeal proceedings brought by a creditor in the Supreme Court of Queensland arising from the liquidator’s rejection of a proof of client and asserting constructive trust against $2 million in assets.