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Principals

Richard Cowen

Richard Cowen Insolvency and Commercial Litigation Lawyer

CONTACT DETAILS

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Professional experience

Richard Cowen was admitted as a Barrister in Queensland in 1990. For more than 20 years he has practised as a solicitor exclusively in insolvency, commercial litigation and commercial negotiation, documentation and dispute resolution.

Richard has acted in many of Australia’s largest insolvencies, including Pyramid Building Society, Farrow Mortgage Services, Tri-continental, Bond Corporation, The Wattle Group (Dexter), Storm Financial, Kleenmaid and numerous others.

In addition, Richard has represented clients in a wide range of litigation matters, including securing Australia’s largest award of private exemplary damages for a client against a defendant who was found to be acting improperly.

Richard has considerable experience in asset structuring, corporate and commercial matters and related issues that affect our clients. He advises directors, shareholders and business owners on these matters before, during and after disputes arise.

Qualifications and memberships
  • Bachelor of Laws;
  • Graduate Diploma in Finance & Investment (SIA);
  • Fellow of FINSIA (formerly the Securities Institute of Australia);
  • Solicitor of the Supreme Court of Queensland;
  • Solicitor of the High Court of Australia;
  • Solicitor of the Supreme Courts of Australian Capital Territory and Northern Territory;
  • Queensland Law Society and Law Council of Australia Insolvency Committee Member;
  • Member of the Queensland Law Society;
  • Member of the Australian Restructuring Insolvency & Turnaround Association (ARITA);
  • Member of INSOL International.
Recognition
  • Leading Lawyer 2018 – Restructuring & Insolvency – AsiaLaw (recognised 2017 – 2018)
  • Preeminent Lawyer 2018 – Insolvency & Restructuring Lawyers – Doyle’s Guide (recognised 2012-2018)
  • Leading Lawyer 2018 – Litigation & Dispute Resolution – Doyle’s Guide (recognised 2015 to 2018)

David Schwarz

David Schwarz

CONTACT DETAILS

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Professional experience

David joined Tucker & Cowen in 1999 and was appointed a Partner of the firm in 2007.
Since becoming a Solicitor in 1998, David has practised principally in commercial litigation, insolvency and commercial matters. David has extensive experience in commercial litigation in both State and Federal Courts in shareholder and partnership disputes, finance and contractual disputes, litigation concerning trusts and tax litigation for a range of clients from public companies to small and medium enterprises.

David’s insolvency experience includes acting for many of Brisbane’s leading insolvency practitioners, as well as advising individuals and directors of companies facing financial difficulties. He has conducted numerous claims on behalf of liquidators and trustees for the recovery of voidable transactions, claims concerning breaches of duties owed by directors and provided advice in relation to various issues arising in insolvency administrations. David has presented at a number of seminars to the Queensland legal profession on insolvency related topics.

David also has extensive experience relating to corporate matters, corporate structuring, business sales, trusts and other commercial matters.

Qualifications and memberships
  • Bachelor of Arts;
  • Bachelor of Laws;
  • Solicitor of the Supreme Court of Queensland;
  • Solicitor of the High Court of Australia;
  • Member of the Queensland Law Society;
  • Life Member and Past President, Motor Neurone Disease Association of Qld Inc;
  • Former Director, MND Australia Inc (2010 – 2012) and MND Research Institute of Australia Inc (2010 – 2012).
Recognition
  • Leading Lawyer 2018 – Insolvency & Restructuring Lawyers – Doyle’s Guide (recognised 2015 to 2018)
  • Leading Lawyer 2018 – Litigation & Dispute Resolution – Doyle’s Guide (recognised 2015 to 2018)

Justin Marschke

Justin-Marschke

CONTACT DETAILS

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Professional experience

Justin joined Tucker & Cowen in 2013 as a Partner after spending 5 years as a Partner at an international firm. For over 15 years he has acted for some of the largest multinational firms focussing on commercial disputes, insolvency and regulatory issues at local and international level.

Justin’s extensive experience includes managing matters ranging from joint venture and shareholder disputes to debt recovery; from breach of contract to breach of corporate disclosure requirements and directors’ duties; from regulatory advice for managed investment schemes to defending tax avoidance, fraud, negligence and breach of trust claims; from operational risk management and regulatory compliance to corporate governance, trade practices/competition and consumer law and anti-corruption investigations, advice and policy and procedure reviews and roll-outs; from test case to investigations and recovery actions arising out of high-profile corporate insolvencies; from international arbitration to class actions following commissions of inquiry; from breach of confidentiality to intellectual property protection and to franchise disputes; and, of course, injunctions, search orders, jurisdiction challenges and enforcement for a wide range of clients including financial institutions, insolvency practitioners and corporates, directors and shareholders in sectors including energy and resources, property and construction, technology/IP, transport and logistics and franchising.

Based on his experience of issues that have lead to litigation, Justin also provides front-end strategic advice in relation to projects, transactions and regulatory issues with a view to avoiding potential disputes.

Justin also lectures and speaks regularly on a broad range of dispute resolution and regulatory issues.

Qualifications and memberships
  • Bachelors of Science/Laws;
  • Solicitor of the High Court of Australia;
  • Solicitor of the Supreme Court of Queensland;
  • Member of the Queensland Law Society;
  • Member of Transparency International.
Recognition
  • Best Lawyers Australia – Litigation – Best Lawyers® International (recognised 2013 to 2019)
  • Best Lawyers Australia – Regulatory – Best Lawyers® International (recognised 2017 to 2019)
  • Recommended Lawyer 2018 – Insolvency & Restructuring – Doyle’s Guide (recognised 2016 to 2018)
  • Recommended Lawyer 2018 – Litigation & Dispute Resolution – Doyle’s Guide (recognised 2012 to 2018)
  • “Outstanding litigation lawyer” – Dispute Resolution – Legal 500 Asia Pacific (recognised 2013 to 2014)

Daniel Davey

Daniel Davel Commercial litigation and Insolvency Lawyer

CONTACT DETAILS

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Professional experience

Daniel commenced at Tucker & Cowen in October 2007 as a Trainee Solicitor after having completed a Bachelor of Laws and Bachelor of Commerce at the University of Queensland.

Daniel was admitted as a solicitor in November 2008, appointed an Associate in January 2012 and Partner in July 2015.

Daniel predominantly practises in the areas of commercial litigation, banking and finance litigation and insolvency.

He advises and acts for companies (including directors and shareholders), business owners, insolvency practitioners, individuals, mortgagees and creditors in relation to matters such as corporate governance, directorial duties, recoverability of loans, enforcement of securities, claims for injunctive relief, competition and consumer matters, construction disputes, restraints of trade, contractual disputes and matters involving ASIC.

Daniel also has experience in class actions and matters involving prosecutions under the Corporations Act.

Qualifications & Memberships
  • Bachelor of Laws;
  • Bachelor of Commerce;
  • Graduate Diploma in Legal Practice;
  • Solicitor of the Supreme Court of Queensland;
  • Solicitor of the High Court;
  • Queensland Law Society Accredited Specialist in Commercial Litigation;
  • Member of the Queensland Law Society.
Recognition
  • Queensland Law Society Accredited Specialist in Commercial Litigation 2014 to 2018

Please contact us using the web form below or you are welcome to call 07 300 300 00.

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