Expertise

Paul is experienced in commercial disputes generally, with a focus on reconstruction and insolvency. Before joining Cornwall Stodart, Paul was the Principal of his own firm in South Africa, where he practised broadly in commercial law. His clients value his depth of expertise in dispute resolution, and his ability to deliver commercial outcomes.

He advises liquidators, administrators, banks and creditors on proof of debt claims, as well as enforcing securities, unfair preferences, receiverships, commercial transactions, deeds of company arrangement and insolvent trading. 

Paul's expertise extends to debt recovery, schemes of arrangement and liquidations. He is renowned for identifying cost effective and commercially sound alternatives to litigation.

In 2011 Paul became responsible for reviewing and updating the Lexis Nexis Australian Corporation Law - Principles & Practice (External Administration) loose-leaf volume on a quarterly basis.

Experience

Paul's experience includes:

• successfully defending a claim on behalf of 40 investors against the liquidators of the Treecorp Management Investment Scheme, whereby the liquidator claimed the funds held on behalf of the investors and scheme were the benefit belonging to the responsible entity
• implementing cross border insolvency provisions internationally (including in countries throughout Europe) for the purpose of seizing funds on behalf of liquidators
• commencing a large scale litigation in 2001 on behalf of National Potato CoOperative Ltd (NPC) against its former auditors, PricewaterhouseCoopers Inc, and earlier partnerships. IMF (Australia) LTD provided funding to NPC in claiming damages and interest for failing to exercise proper care in the auditing of the NPC's finances from 1984 to 1998 and for write-offs in NPC's debtors book. The quantum of the damages is subject to an audit and a last round of court proceedings to finalise the quantum if the parties fail to agree
• advising our clients on a complex administration of a registered managed investment scheme, and successfully using the legislative framework of Part IV of the Corporations Act in a new and innovative way, in order to validate the appointment by the court of our clients as administrators
• advising on issues relating to the new Personal Property Securities Act 2009 (PPSA)
• advising, litigating and making significant recoveries of unfair preference payments, often for 100 per cent of the claim, interests and costs
• successfully achieving various recoveries of voidable transactions (unfair preferences and uncommercial transactions)
• advising on recent changes to civil dispute resolution legislation
• acting for and advising a range of clients in numerous applications for interlocutory relief, including injunctive relief, and Anton Pillar orders
• acting for and advising various clients in an extensive range of commercial disputes, including those arising from commercial contracts, joint venture agreements and the sale of real property.

Pro bono and Community Work

Paul is a supporter of Life Goes On, an organisation that assists survivors of cancer.

Memberships and Associations

Founding member of the South African Business Network (Victoria)

Law Society of Gauteng

Qualifications

B Proc (University of Pretoria, South Africa) (the equivalent of a four-year law degree in Australia)

Jurisdictions Admitted to Practise

Victoria

Federal Court of Australia

High Court of South Africa