Chad Gear

Partner

Profile

Chad specialises in commercial litigation and insolvency.

He has acted in complex, significant and high-profile matters in a broad range of corporate, commercial and insolvency-related disputes. He has acted for various stakeholders, including financial institutions, companies and insolvency practitioners.

Notable matters include:

  • Acted for a sitting Senator in the 2017-2018 Australian parliamentary eligibility crisis.
  • Advised the Australian Government regarding corporations law issues affecting prescribed bodies corporate and policy statements.
  • Acted in defamation proceedings against a national newspaper publisher.
  • Applied for and successfully obtained urgent and permanent injunctions to restrain a lessor from terminating a lease and restrained misuse of confidential information by former employees.
  • Retained following the delivery of judgment in a Supreme Court trial to advise on the merits of an appeal, successfully appealed the decision and obtained a declaration as to an equitable interest in the property (Peterson v Hottes [2012] QCA 292).
  • Retained following the delivery of judgment in which an application to set aside a default judgment was refused, successfully appealed the decision and obtained an order that the judgment is set aside (The Reserve Vault Pty Ltd v Barrier Reef Arts P/L and Ors [2012] QCA 35).
  • Successfully applied to the District Court of Queensland and obtained an order that a proceeding is struck out for want of prosecution (Citypoint (Hotels) Pty Ltd v AIB Pty Ltd 15/11/2011 QDC Unreported), and successfully resisted a subsequent appeal (Citypoint (Hotels) Pty Ltd v AIB Pty Ltd [2012] QCA 126).
  • Represented a director of various companies in section 19 Australian Securities and Investments Commission Act 2001 examinations, advised in relation to ASIC prosecutions, and assisted in negotiating entry into enforceable undertakings.
  • Successfully applied to the District Court and the Supreme Court of Queensland and obtained orders for the provision of security for costs.
  • Acted against a law firm that acted negligently in the performance of its retainer for the conveyance of a business.
  • Advised on and prosecuted statutory appeal proceedings regarding a claim on the Legal Practitioners’ Fidelity Guarantee Fund administered by Queensland Law Society.
  • Conducted a breach of contract/misleading or deceptive conduct/breach of fiduciary duty case on behalf of an industry-leading food ingredient manufacturer against, among others, a large listed company.
  • Recognised by Doyles Guide in 2019 and 2021 for insolvency and restructuring.  Doyles Guide is an independent organisation that ranks lawyers based on interviews with clients, peers and relevant industry bodies.
  • ARITA: Advanced Certificate in Insolvency
  • Board Member (2018): Pracademics Inc.
  • Pro Bono Committee Member (2016-2018): Queensland Law Society Access to Justice.
  • Queensland Law Society
  • Australian Restructuring Insolvency & Turnaround Association (ARITA) (formerly the Insolvency Practitioners Association of Australia)
  • International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL)
  • Mortgage & Finance Association of Australia  (MFAA)
  • Financial Services Institute of Australasia (FINSIA)
  • Australian Institute of Professional Investigators (AIPI)
  • Registered Costs Assessor