Declan Kissane

Professional Biography

Declan is an Associate with Results Legal Solutions and specialises in corporate and personal insolvency, commercial litigation, debt recovery and property recovery. Declan has completed a Bachelor of Laws at James Cook University and is admitted to practice in the Supreme Court of Queensland and High Court of Australia.

Experience

Areas of expertise

  • Corporate insolvency (winding up, receivership, voluntary administration).
  • Personal insolvency (bankruptcy, Part x of the Bankruptcy Act).
  • Management impasse, partnership, shareholder disputes.
  • Debt recovery (trading debts, mortgages, charges, guarantees).
  • Property recovery (real, personal).
  • Corporate governance.
  • Equity, trusts, securities.
  • Asset protection and business structure advice.
  • Corporate reconstruction, turnaround strategies.
  • Contract, negligence, trade practices.
  • Property disputes (freehold, leasehold).

Recent matters and transactions:

  • Acting for creditors, (including supporting creditors) in contested winding up proceedings and contested creditors petitions.
  • Acting for companies opposing winding up proceedings and individuals opposing creditors petitions.
  • Securing debt payments, enforcing caveats, mortgages, charges.
  • Pursuing and defending equitable actions and remedies including quantum meruit, restitution, marshalling, exoneration, and constructive trusts.
  • Bringing and opposing urgent applications to set aside statutory demands and bankruptcy notices.
  • Defending claims against bailees for reward.
  • Pursuing recovery of goods for creditors asserting retention of title.
  • Bringing and opposing urgent applications to remove caveats.
  • Insolvency advice to creditors, debtors, insolvency practitioners.
  • Acting for tenants and landlords in commercial leasing disputes (including claims for breaches of covenants and nuisance).
  • Pursuing and defending claims pursuant to the Sale of Goods Act, Fair Trading Act and Trade Practices Act (including breaches of implied terms of fitness for purpose and merchantable quality, misleading and deceptive conduct, and misrepresentation).
  • Pursuing and defending large scale personal guarantee claims.
  • Acting for creditors, debtors and shareholders in appointing external administrators.
  • Acting for creditors, directors, insolvency practitioners for recovery proceedings during insolvency administrations, including unfair preference and voidable transactions claims.
  • Acting for insolvency practitioners in public examinations.
  • Acting for deed administrators in proceedingsto set aside deeds of company arrangements.

Contact Declan by email at dkissane@resultslegal.com.au or by telephone on (07) 3234 3200.