“I appreciate that clients need quick and cost effective recovery solutions. My aim is for excellence in all aspects of enforcement, and my prime objective is to ensure the client’s reputation and brands are protected at all times. I seek to adopt the most appropriate dispute resolution mechanism whenever possible – to avoid the costs and uncertainty associated with court actions.”
Gino Potenza, Partner
g.potenza@cornwalls.com.au
Expertise
Gino is a
Law Institute of Victoria accredited Commercial Litigation
specialist with over 20 years' experience in the banking and
finance industry. He has also completed the LEADR course in
mediation.
His areas
of expertise include banking, property law, securities, consumer
credit, insolvency, and particularly the enforcement of securities
and contractual agreements. He has assisted a number of financial
institutions in developing recovery procedures, training manuals
and compliance audits under the Consumer Credit Laws.
Gino has
an intimate knowledge of the law and the key players in the
industry, including consumer advocates and enforcement arms. He
thus understands and can quickly identify the relevant legal
issues, and can anticipate any potential risks to his clients'
reputations. He aims to protect those reputations, while reducing
the costs invariably associated with litigation.
Gino's property litigation experience includes advising
clients on the removal of caveats under the Transfer of Land Act,
joint venture disputes, adverse possession claims, title boundary
disputes and general contractual disputes from the sale of land, as
well as applications for payment out of and into court.
Experience
Gino has acted for and advised:
- ANZ in the documentation of its national recovery procedures
and the outsourcing of its retail loan portfolio
- the Liquidator of Pyramid Building Society relative to secured
and unsecured recovery, and the approval of compromises by the
Supreme Court
- the Director of Housing on recovery matters and enforcement
policy
- banks and other financial institutions in the review and
revision of mortgage and guarantee documentation
- RACV Finance on loan recoveries and repossessions, and due
diligence procedures
- Victoria Legal Aid in relation to securities. He also
successfully conducted a test case concerning the enforcement of
charges secured by way of caveat.
Memberships and Associations
Law Institute of Victoria
Mortgage & Finance Association of Australia (MFAA)
Qualifications
Bachelor of Laws (the University of Melbourne)
Law Institute of Victoria Accredited Commercial Litigation
Specialist
Jurisdictions Admitted to Practise
Victoria
High Court of Australia