Steven Foale is a consultant overseeing the firm’s
Insolvency Litigation practice.
Steven has considerable expertise in commercial litigation and particularly relishes insolvency litigation. He has acted in large insolvency litigation and advised many insolvency practitioners in relation to examinations under sections 596A and 596B of the Corporations Act, preference actions, insolvent trading actions and breach of duty claims against directors and auditors.
Examples of his recent experience includes:
• Advising on an insolvent trading claim by the liquidators of Centaur Mining & Exploration Ltd against the company’s directors seeking compensation of around $20 million,
• Advising on an insolvent trading and breach of director’s duty claim against former directors of Nomad Telecommunications Ltd seeking compensation of around $20 million;
• Advising on the Spatial Info case, which was a claim by a software company against Telstra for breach of computer copyright;
• Advising on the Golden Sands case, which was a successful claim by a joint venture party against the other joint venturer for unlawfully seeking to terminate the joint venture; and
• Advising on the Auspine dispute in Adelaide, which was a large dispute between Auspine (the operator of a forestry investment scheme) and the trustee for the investors in the scheme, concerning the operation and management of the scheme.
Steven was previously employed as a Litigation Manager with large litigation funder IMF, where he was responsible for assessing, selecting and managing large cases.
Steven is a member of the Insolvency Practitioners Association of Australia. He is also the author of Part 3.8 and 3.18 of The Laws of Australia relating to “The Effects of Bankruptcy” and “Debt Agreements” under the Bankruptcy Act.
