Alexander Psaltis

Alexander has a broad commercial practice. He regularly appears (led and unled) in the Queensland and Federal courts in complex disputes for large companies, Queensland and Commonwealth government departments, local governments, high net worth individuals and insolvency practitioners. In addition to his commercial practice, Alexander has a focus on insolvency, administrative law and taxation law.

Before being called to the bar, Alexander practised in commercial litigation and insolvency at Clayton Utz. He also worked as an Associate (Australian Qualified) in London at Joseph Hage Aaronson LLP (a firm of barristers and solicitors). While in London Alexander acted in complex international litigation and arbitration including representing multi-national groups seeking to recover over £1bn in unlawfully levied tax from the UK revenue authority.

Alexander was Associate to the Hon. Justice J.A. Logan RFD of the Federal Court of Australia in 2010. He holds degrees in Law (with First Class Honours) and Arts from the University of Queensland and a Master of Law (with First Class Honours) from the University of Cambridge.

Alexander’s curriculum vitae is available for download here.

Commercial

· Acted in an LCIA arbitration seated in London (heard in 2020 & 2021 by Sir Richard Aikens, Gavan Griffith AO QC and Jeffrey Gruder QC) in respect of a claim for a lost opportunity arising from a coal offtake agreement governed by Queensland law (led by Paul Key QC, with Damien Walker and subsequently Alexander Gunning QC, with Gideon Cohen (all of the London bar)).

· Successfully defended an appeal to the High Court for the Gold Coast City Council against Sunland Group Ltd concerning the construction of infrastructure charges conditions in a development approval (led by Graham Gibson QC, with Mitchel Batty): Sunland Group Ltd v Gold Coast City Council (2021) 95 ALJR 922 and acting in a related Federal Court proceeding alleging misleading or deceptive conduct against the Council: Sunland Group Ltd v Gold Coast City Council [2021] FCA 1473; [2022] FCA 69 (led by Graham Gibson QC).

· Successfully resisting a claim against a developer for alleged wrongful termination of an option agreement for the purchase of land: Bluepoint Property Pty Ltd v Zuri Properties Pty Ltd [2022] QSC 26 (led by Damian Clothier QC). This also involved successfully resisting an application to enjoin the sale of the land: Bluepoint Property Pty Ltd v Zuri Properties Pty Ltd [2020] QSC 219 (led by Rowan Jackson QC).

· Acted in a proceeding brought against a former director of Equititrust Ltd for alleged breaches of his director’s duties arising out of a transaction concerning the acquisition of secured debt of an unregistered managed investment scheme (led by Michael Hodge QC). See for example: Equititrust Ltd v Tucker [2021] QSC 259.

· Acted in the trial of a proceeding against a defence contractor for misuse of confidential information and misleading or deceptive conduct in connection with the development of a solution to an issue arising in the operation of the Australian Defence Force’s service rifle: Madritsch KG v Thales Australia Ltd [2021] QSC 262; [2021] QSC 179 (led by Sandy Thompson QC SG, with Christopher Johnstone). An appeal from the liability judgment is currently pending.

· Acting for the Brisbane Airport Corporation in a complex Supreme Court of Queensland proceeding concerning contamination of the airport by fire-fighting foam containing PFAS chemicals historically used by Airservices Australia (led by Liam Kelly QC and Sean Cooper QC).

· Acting for the purchasers of a chicken farm in a dispute with a chicken processor arising from the closure of the chicken processor’s plant (led by David de Jersey QC).

· Acting for the Gold Coast City Council in a multi-party proceeding alleging negligence, nuisance and misleading conduct against a developer, landowner and expert consultants arising from a landslide at a development in Palm Beach (led by Keith Howe, leading Jason Dudley).

· Sanrus Pty Ltd v Monto Coal 2 Pty Ltd [2019] QCA 160, successful appeal from a case management decision during a lengthy trial to exclude an expert report (led by Bret Walker SC, with David de Jersey) and an application in respect of objections to expert evidence in the trial: Sanrus (No 5) [2019] QSC 201 (led by Kylie Downes QC, with David de Jersey and Kirsty Gothard).

· Acted for the plaintiff in a long-running breach of trust and professional duty dispute in the Supreme Court of Queensland arising out of the division of the Stanbroke pastoral group, including a successful application to rely on additional expert evidence in the face of court appointed experts: Menegazzo v PWC [2019] QSC 296 (led by Sandy Thompson QC SG).

· Acted for the Gold Coast City Council in a Supreme Court of Queensland proceeding involving a lease dispute (involving an application for a statutory right of user) with a large commercial tenant (led by John McKenna QC), settled in 2020.

· GPS Power Pty Ltd v CS Energy Ltd [2018] QSC 294 & [2020] QSC 93, interpretation of a long-term power purchase agreement (led by Simon Couper QC).

Insolvency

· Moreton Resources Ltd (in liq) v First Samuel Ltd [2020] QSC 339 & [2020] QSC 381, successfully resisted an application by liquidators for a judicial sale of secured property by the beneficiaries of a security trust and successfully resisted an application by the trustee of the security trust for its costs to be paid by the beneficiaries (led by Sandy Thompson QC SG).

· Undertaking (unled) a 4-day liquidators’ public examination before Registrar Lynch in the Federal Court of Australia in connection with the collapse of a Gold Coast laundry business.

· Acted for the Commissioner of Taxation in proceedings in the Supreme Court of Queensland and Federal Court of Australia concerning a statutory garnishee notice issued by the Commissioner to Octaviar Ltd (led by Neil Williams SC, with Dan Butler); including an application for judicial advice: Re Octaviar Ltd (in liq) [2019] FCA 1614 and an application concerning confidentiality in a settlement deed (led by Madeline Brennan QC, with Dan Butler).

· Acting for and advising the liquidators of JM Kelly Builders Pty Ltd (and related entities) in public examinations and multiple proceedings against directors, officers, related entities and consultants (including successfully resisting a strike out application: JM Kelly Builders Pty Ltd v Milton [2021] QSC 59 (led by Craig Wilkins)) and successfully obtaining three ex parte freezing orders (unled and led by Craig Wilkins).

· Successfully acting for the Deed Administrators of a construction company in resisting an appeal to the Federal Court from decisions to refuse to admit three proofs of debt exceeding $9 million in value: see Shafston Avenue Construction Pty Ltd v McCann (No 3) [2021] FCA 938 & Shafston Avenue Construction Pty Ltd v McCann (No 2) [2020] FCA 1444 (led by David Turner).

· Acting in proceedings arising from the insolvency of a private property management company as a result of its inability to satisfy a substantial judgment debt, including successfully resisting the setting-aside of a statutory demand (led by Michael Hodge QC), successfully applying to appoint receivers to assets held by the company (and related entities) as trustee (unled and led by Peter Bickford) and making applications for judicial advice and approval of remuneration (unled).

· Acting for a mining company in resisting a large preference claim brought by the liquidators of its former parent (led by Michael Hodge QC).

· Calbeninka Pty Ltd v Vickers [2019] QSC 28, successfully resisted an application to set-aside a statutory demand (unled).

Administrative law

· Appearing (unled) for the Minister for Immigration in judicial review and appellate proceedings in the High Court, Federal Court and Federal Circuit Court, including: Dhir v Minister for Home Affairs [2019] HCATrans 118 (Bell J); RJFB v Minister for Immigration [2021] FCA 1284; BQHJ v Minister for Immigration [2021] FCA 372 (Logan J); Eros v Minister for Immigration [2020] FCA 1061 (Allsop CJ); & FTQ18 v Minister for Home Affairs [2019] FCA 2025 (Steward J).

· Sun Metals Corporation Pty Ltd v Allen [2020] QSC 304, successfully sought judicial review of a decision by the Deputy Director-General, Office of Industrial Relations to refuse to accept an enforceable undertaking under the Work Health & Safety Act 2011 (led by Amelia Wheatley QC).

· Acting for the Metro North Hospital and Health Service in multiple judicial review proceedings concerning the suspension from employment of a senior cardiologist, including: Walters v Hanson [2020] QSC 216 & Hanson v Walters [2021] QCA 18 (both led by Amelia Wheatley QC).

· Appearing (unled) for the Director of Professional Services Review in a judicial review proceeding concerning a decision to investigate a General Practitioner for concerns about Medicare overservicing: Yoong v Chief Executive of Medicare [2021] FCA 701. Acting in a further judicial review proceeding arising out of the same investigation, including in an application for interlocutory orders: Yoong v Director, Professional Services Review [2021] FCA 1445 (unled, against silk).

· Appearing in QCAT in appeals from right to information and information privacy decisions by the Queensland Information Commissioner: Walker Group Holdings Pty Ltd v Information Commission [2021] QCATA 84 & [2021] QCATA 30 (led by Amelia Wheatley QC) & Purrer v Information Commissioner [2021] QCATA 92 (unled).

Taxation

· Successfully resisting payroll tax appeals (to the Supreme Court and Court of Appeal) for the Commissioner of State Revenue (Qld) concerning interpretation of the “employment agency contracts” provisions: Compass Group Education Hospitality Services Pty Ltd v Commissioner of State Revenue [2020] QSC 184, [2020] QSC 261 & [2021] QCA 98 (led by Melanie Hindman QC).

· Acting (led by Madeline Brennan QC, with Dan Fuller and Duncan Marckwald) for the Commissioner of Taxation in an investigation into a restructuring transaction undertaken by a multi-national corporate group.

· Advising (unled) the Commissioner of State Revenue (Qld) in respect of multiple issues concerning the proper construction of State revenue legislation.

Alexander Psaltis, “Appointment of a single expert in the Supreme Court”, Proctor (July 2020) available at <https://www.qlsproctor.com.au/2020/07/appointment-of-a-single-expert-in-the-supreme-court>

Kylie Downes QC and Alexander Psaltis, “Proof of effective service”, Proctor 40(1), 44-45

Kylie Downes QC and Alexander Psaltis, “The ref steps up: Amendments to expand the scope for referrals to referees”, Proctor 39(9), 44-45

Alexander Psaltis and Tim Jones, “Defective caveats are ineffective caveats”, Clayton Utz Insights (8 November 2016) available at: <https://www.claytonutz.com/knowledge/2016/november/defective-caveats-are-ineffective-caveats>

Alexander Psaltis, “Court of Appeal in London delivers Investment Trust Companies decision”, International Tax Review (16 March 2015) available at: <http://www.internationaltaxreview.com/Article/3436324/Tax-Disputes-Archive/Court-of-Appeal-in-London-delivers-Investment-Trust-Companies-decision.html>

Alexander Psaltis, “Overview: Private Law”, Cambridge Journal of International and Comparative Law – UK Supreme Court Review 2012-2013 (Vol 3, Issue 1, 2014)

CONTACT

apsaltis@qldbar.asn.au

+61 407 741 037

+61 7 3211 2434