Ray Lindwall
Partner
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Phone: + 61 7 3232 5730
Fax: + 61 7 3232 5777
Email: rayl@whd.com.au
Office Address: Brisbane
Firm Practice Areas:
Business Disputes
Insolvency & Debt Recovery
Ray was admitted to practice in Queensland in 1974 and in 1977 became a partner in the firm of Tully & Wikon in which later integrated with Corrs Chambers Westgarth where he continued as a partner until 2001. Ray then became a partner with Blake Dawson Waldron. Ray joined WHD as a partner in in August 2009.
Ray specialises in the areas of commercial litigation, insolvency and construction litigation. In these areas he has worked extensively in relation to commercial mining, contractual, joint venture, supply and partnership disputes. With respect to partnership disputes he has acted in respect of many accounting and law firms.
Ray has often advised directors, including directors of Government Owned Corporations, with respect to the obligations arising from their position, including their liability for insolvent trading and the discharge of their fiduciary obligations under statute and common law. Similarly he has advised insolvency practitioners as to the discharge of their obligations.
Ray has been involved in many prominent insolvencies including Qintex, Bond University, Farrow and the Pyramid Building Society. In addition acting for many years for two of the top four banks in respect of finance and property disputes, Ray was from 1990 until 1996 a director, and from 1994 Deputy Chairman, of the QIDC, one of the three corporations that merged to become Suncorp in late 1996.
Ray has published extensively and has, since 1989, been the author of the Chapters “Receivership”. “Schemes of Arrangement” and “Voluntary Liquidation” in Butterworths “Australian Corporations Law - Principles and Practice” Ray has lectured frequently to the legal and accounting professions.”
Principal Areas of Practice:
- Corporate and Commercial Litigation;
- Mining and Construction Litigation;
- Joint Venture and Partnership disputes; and
- Liquidations, Receiverships, Voluntary Administrations and Schemes of Arrangement
Corporate and Commercial
- acted for shareholders in oppression proceedings brought in relation to major companies engaged in the cotton industry and in the mining industry;
- acted in litigation between shareholders and directors of a major Queensland Coal company including removal of directors and oppression proceedings;
- acted for Queensland GOC in relation to claim brought by merchant bank in relation to the GOC’s acquisition of a major energy corporation;
- acted for various Queensland GOC’s in advising as to the position of directors and officers under the Government Owned Corporation Act;
- acted for Sunwater, a Qld. GOC, in relation to litigation with its Burdekin River customers in respect of rights pursuant to the Water Act and contracts there under; and
- acted for Queensland Rail in relation to a dispute regarding the contract to transport coal from Oaky Creek Mine to Dalrymple Bay Coal Terminal and the Gladstone Cal Terminal at Port Gladstone.
Mining and Construction Disputes
- acted for Patrick Corporation in relation to its dispute with Henry Walker Eltin over the development of the Brisbane Automated Straddle Terminal , and also Maunsell Engineering in relation to the construction of the pavements therefore;
- acted for INCO in relation to its dispute of a nickel mine in New Caledonia including claims for breach of contract , negligence and misleading or deceptive conduct;
- acted for Energy Development Limited in its dispute with international engine
- producer involving contracts in Australia, United Kingdom , Europe, Asia and the United States;
- acted for ARCO Coal in an arbitration with a Queensland Government Utility in relation to the costs of construction of a coal processing plant in the Bowen Basin Area; and
- acted for Pacific Island Gold Limited in a restructure/scheme of arrangement in Fiji.
Joint Venture and Partnership Litigation
- acted for LG in relation to its entitlements under a JVA in relation to the Ensham Coal Mine;
- acted for Seamark Pty Ltd in relation to the JVA for the construction of a resort town at the Sunshine Coast;
- acted for Petroz NL in relation to dispute with Joint Venture partner in relation to interests , including royalty interests, in a mining permit to mine in the Timor Sea;
- acted for Arco Coal in joint venture disputes in relation to its sale of its coal interests in Australia; and
- acted for numerous legal and accounting firms in respect of partnership disputes and dissolutions
Insolvency
- acted administrator s of the Pegasus Gold Australia mine in the Northern Territory , including claims in respect of the construction of the gold processing plant;
- acted for Receivers of Selwyn Gold Mine Ltd , including Court proceedings, sale of assets and Takeover Panel dispute;
- acted for the provisional liquidator of Hope Island Resort Pty Ltd, Gold Coast, including in respect of uncommercial transactions and the sale of the assets;
- acted for the liquidator of Mt Nathan Landowners Pty Ltd in litigation solicitors, accountant and former directors; and
- acted for Administrators, Liquidators and Receivers generally, including in respect of Qintex Corporation group, Kern Corpration, Bond University, Daydream Island, Sanctuary Cove, Hope Island and Charters Gold NL.
Publications and Seminars
Butterworths - “Principles and Practice”Author of:
- “ Schemes of Arrangement”
- “ Receivership”
- “Voluntary Liquidation”
Justice – According to the Law
A Festschrift for the Honourable Mr Justice McPherson CBEContributing chapter Company Law –Receivers “Squeezing the Lemon Dry”
Various
- Australian Securities Commission National Conference “Trends and Issues in Australian Takeover Law”
- Australian Institute of Company Directors-Queensland Division-“Directors at Risk”
- Queensland Law Society-“the New Disclosure Rules” “Phoenix Companies-Liability of Shadow Directors” cited in the Royal Commission into the Building and Construction Industry – co-authored with Heidi Schweikert.
1995: KPMG National Corporate Recovery Conference –“Voluntary Administration”
1997: KPMG National Forensic Accounting Conference-“Expert Evidence”
1998: Australian Mining Petroleum Law Association National Conference-“the Role of the Operator in Joint Ventures”
1998: Australian Society of CPAs National Congress-“Misery or Opportunity-Business and Fraud Risks for Employers and Advisers”
2001: Symposium 2001 ( Qld Law Society and Bar Association of Qld)-“Administrators under Attack-An update on Voluntary Administration”
2003: Asia Pacific Fraud Conference Hypothetical, “Diagnosis Misconduct”
2004: Legalwise Seminar “Controlling the Runaway Train-Dealing with Large and Complex Litigation”
1997 to 2005 Various Papers for LAAMS and for Legalwise:
- “Voluntary Administration-_Defects in Legislation”
- “Voluntary Administration- Defects in Legislation and Personal Liability Issues”
- “Phoenix Companies and Trading”
- “Advising Companies in Trouble”
- “Partnerships and Partnership Disputes”
- “Asset Protection: Issues and Ethics”
- “Revisiting Disclosure and Interrogatories”
Professional Associations:
Qld Law Society Inc.
Law Council of Australia.
Australian Institute of Company Directors
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