
Glen
Cussen
Litigation
Insolvency & Reconstruction
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Glen is highly respected in the corporate insolvency arena.
Glen practises extensively in all aspects of insolvency and commercial law, regularly advising....
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Jim has practised in Commercial Litigation, Debt Recovery and Insolvency both Personal and Corporate since 1977.
He has acted, and continues to do so for a number of Australia's leading financial institutions in Security enforcement, debt recovery and Insolvency related matters. He has supervised, in his role as advising lawyer appointed by the financial institutions for whom he acts, many receiverships and continues to do so.
Jim initiated and conducted contested proceedings for the liquidator of Sands & McDougall (Printing) Co. Pty Ltd against the Deputy Commissioner of Taxation in the Supreme Court of Victoria and the Federal Court of Australia which resulted in one of the most significant changes in the law around Unfair Preferences, and the treatment by Liquidators, unsecured creditors and the Commissioner of Taxation, of payments made to the Commissioner on account of Group Tax and Payroll Tax, which were otherwise unfair preferences but not treated as such and not pursued by liquidators. As a result of the respective sets of proceedings which were contested (in the Group Tax case to the Court of Appeal in the Supreme Court of Victoria), liquidators undertook the pursuit of unfair preferences of that nature from the Commissioner resulting in the recovery of many millions of dollars for the benefit of unsecured creditors of many companies.
He has recently concluded contested High Court proceedings resisting (by way of appeal to that Court) a claim for unfair preference payments by a liquidator against a leading Australian Finance Company. The outcome of those proceedings was a saving of an exposure of $8.0M for his client.
Jim was instrumental in the development of the Firm's Nationwide Mortgage Recovery Services product and supervises the conduct and development of that product daily.
Well known to the Commercial Community, the profession and the Bar, Jim is a highly experienced and practical commercial litigation Solicitor. There is not much in the practice of commercial litigation that Jim has not seen.
E-mail: grahamj@kempstrang.com.au
Phone: +61 2 9225 2527
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