Tom Darbyshire

Tom Darbyshire

Litigation & Dispute Resolution, Insolvency & Restructuring

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Commencement Date:
Bachelor of Laws, University of Western Australia
Admission Details:
High Court of Australia (2000)
Supreme Court of Western Australia (1992)
Areas of Expertise:
Corporations Act, in particular disputes relating to corporate governance; Contract Law; Insolvency; Statutory Interpretation; Building & Construction Law; Finance and related issues; Trade Practices and Consumer Law; Property disputes; litigation and general legal services.

Tom joined Kott Gunning in 1997 and became a partner in 2002. Between 2008 and 2012 he was Managing Partner, and he resumed that role between October 2014 and March 2016.

Tom has extensive experience as a litigator and has appeared as Counsel in all State and Federal Courts, with the exception of the High Court.

Tom specializes in matters arising out of the Corporations Act, particularly in relation to directors’ duties, corporate governance and insolvency. He regularly advises individuals, directors of SMEs and large organisations on directors’ duties, governance issues, compliance and risk arising not only from the Corporations Act, but also in relation to the Privacy Act, Personal Property and Securities Act and the Australian Consumer Law.

Tom advises individuals, directors, liquidators, secured and unsecured creditors and businesses on all aspects on insolvency and reconstruction. Tom is a professional member of the Australian Reconstruction and Insolvency and Turnaround Association. He has acted in, advised on and written about Board disputes, recovery actions by external administrators and bankruptcy trustees, directors’ duties in an insolvency context and fiduciary duties of office holders.

Tom has particular expertise in the effect of insolvency on property rights and he regularly advises liquidators, trustees in bankruptcy, property owners, property managers, lessees and lessors about the impact of external administration on property ownership, building projects, leases, licences and planning issues.

Tom has wide experience in property disputes. Property litigation which Tom has been involved in includes disputes over valuations, legal and equitable ownership, leases, easements, rights of way and adverse possession.

Memberships and Affiliations:
  • Law Society of Western Australia
  • Governance Institute Western Australia
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