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Expertise

Alana is an experienced litigation lawyer who specialises in retail leasing and property disputes, corporate crime and regulatory investigations and prosecutions, and complex commercial disputes.

In leasing and property matters, Alana advises some of Australia’s largest retail and commercial landlords, shopping centre managers and tenants in matters of strategy, risk assessment and management, alternative dispute resolution and litigation.

In corporate crime and regulatory matters, Alana has particular experience in defending directors and officers charged with foreign bribery and corruption. She also acts for clients in ASIC and AFP investigations and prosecutions. Additionally, Alana has worked on a number of financial services matters for ASIC and on various Royal Commissions and Inquiries. 

Alana also represents clients in Corporations Act, commercial and contractual disputes and in litigation arising out of wills and deceased estates.

Experience

Since being admitted to practice in 2009, Alana has acted in a number of high profile disputes and investigations.

Some examples of her recent work include:

Corporate crime and regulatory investigations

  • acting for the former CEO of Note Printing Australia Limited in Australia’s first foreign bribery prosecution. Following a successful pre-trial stay application in the Supreme Court of Victoria which was overturned on appeal, criminal charges against our client were permanently stayed by the High Court: Strickland (a pseudonym) & Ors v Commonwealth Director of Public Prosecutions [2018] HCA 53
  • acting for a former employee of Sinclair Knight Merz (now Jacobs Group (Australia)) in a foreign bribery prosecution in the Supreme Court of NSW
  • acting for companies and individuals in ASIC investigations
  • acting for individuals in AFP investigations relating to foreign bribery and corruption
  • acting for a director called to give evidence before the Victorian Government’s COVID-19 Hotel Quarantine Inquiry
  • part of a team of Solicitors Assisting the Royal Commission into the Management of Police Informants
  • acting for former Essendon FC staff and players in ASADA’s investigation into the use of banned substances.

Retail and commercial leasing

  • advising and representing a number of Australia’s largest landlords, shopping centre managers and tenants in relation to all aspects of retail and commercial leasing disputes, including misleading and deceptive conduct claims, unconscionable conduct, disturbance, relocation and demolition claims, debt and general dispute resolution and the impacts of the COVID-19 pandemic on leases.

Property disputes

  • acting for a purchaser in respect of rescission of a sale contract resulting in proceedings commenced in the Supreme Court of Victoria
  • advising and representing landlords and tenants in market rent determinations
  • land tax and council rates valuation disputes involving complex commercial assets.

Deceased estates

  • acting for beneficiaries in a complex estate dispute involving issues of competing wills, testamentary capacity, family law and valuation of complex assets
  • acting for executors and beneficiaries in testator family maintenance claims.

Commercial/contractual disputes

  • acting in a long and complex litigation in the Supreme Court of Victoria involving penalties, equitable compensation for breach of fiduciary duty and freezing orders
  • acting for clients in respect of corporate governance issues
  • acting for insurers, directors and officers in relation to disputes arising out of insurance contracts and deeds of indemnity.


In 2013/2014, Alana spent a year working for ASIC as a lawyer in its Financial Services Enforcement team. Whilst at ASIC, Alana was involved in a number of investigations arising out of suspected breaches of the Corporations Act and the ASIC Act, particularly in relation to superannuation and self-managed super funds. In this role, Alana conducted numerous ASIC Act examinations of persons of interest, used ASIC’s compulsory powers to gather evidence from corporations and individuals and participated in the execution of an ASIC search warrant in conjunction with the AFP. As a result of this work, Alana has gained a unique insight into ASIC’s enforcement operations and the way in which it approaches its investigations and prosecutions.

Publications

27 November 2024 - Knowledge

Federal Court finds director reasonably relied on external advice amid potential insolvency

#Dispute Resolution & Litigation, #Corporate Restructuring and Insolvency

A recent case we acted on highlights the importance of a company director acting in good faith and reasonably relying on and assessing external advice when making decisions while faced with a potential insolvency for one company within a corporate group.

02 October 2024 - Knowledge

Do personal guarantees apply after lease termination and the creation of a monthly tenancy?

#Property, Planning & Development, #Dispute Resolution & Litigation

A recent case involving a dispute between a tenant and landlord addresses the issue of whether personal guarantees continue to apply after the termination of a lease and creation of a monthly tenancy.

17 September 2024 - Knowledge

AML/CTF Amendment Bill: A significant development to combating financial crime

#Dispute Resolution & Litigation

The introduction of the Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill is a significant development in Australia’s approach to combating financial crime. We discuss the objectives of the Bill and the targeted service areas.

12 June 2024 - Knowledge

Crypto platform relieved from liability following contraventions of the Corporations Act

#Dispute Resolution & Litigation

A recent Federal Court decision has cast light on the circumstances in which a person found to have contravened a civil penalty provision of the Corporations Act may be relieved from liability.

31 May 2023 - Knowledge

Supreme Court expands interpretation of 'address' under the Corporations Act

#Dispute Resolution & Litigation

A recent Supreme Court decision has confirmed that the right to inspect and obtain copies of the company register under the Corporations Act 2001 (Cth) includes access to members’ email addresses where nominated as a means of communication.