Direct: (07) 3210 5208
Alistair Tindall was admitted as a solicitor in 2015. He practices predominantly in commercial litigation with a focus on the following areas:
• Bankruptcy & Insolvency
• Building & Construction Industry Payment Claims (BCIPA)
• Contract Disputes
• Debt Recovery
• Land Law & Property
• Torts (Civil Wrongs)
• Trade Practices and Consumer Law
• Trademarks, Copyright and Design registration
• Partnership Disputes
Alistair has acted for government, corporate and private clients, as well as insolvency practitioners. Alistair has appeared in State and Federal Courts, both uncontested and opposed matters, including against counsel. He has instructed counsel in interim applications and at trial.
BUILDING & CONSTRUCTION DISPUTES
- He has acted in a broad range of building disputes, on behalf of builders and consumers, arising from standard form contracts as well as custom drafted contracts.
- He has instructed Counsel in the arbitration of a building dispute conducted in accordance with the Commercial Arbitration Act 2013 (Qld).
- He has instructed Counsel on an Application in the Supreme Court to set aside an Arbitral Award, under section 34 of the Commercial Arbitration Act 2013 (Qld). The decision is report as Rainbow Builders Pty Ltd v State of Queensland  QSC 25;  11QLR.
- He has represented subcontractors in adjudication pursuant to the Building and Construction Industry Payments Act. In one instance, he achieved an adjudication decision for payment of 100% of the claimed amount, as well as interests and costs.
BANKRUPTCY AND INSOLVENCY
- He has appeared in the Federal Circuit Court of Australia on numerous occasions acting for creditors, successfully petitioning the Court to bankrupt an insolvent debtor.
- He has instructed Counsel and also appeared unassisted to resist applications by the bankrupt for review of the sequestration order.
- He has acted for various bankruptcy trustees in relation to administration of the bankrupt’s estate.
- He acted for bankruptcy trustees to successfully defend a property settlement claim made by the bankrupt’s former de-facto under the Family Law Act 1975 (Cth). He conducted the hearing in the Federal Circuit Court of Australia, unassisted and against Counsel. The decision is reported as Dover & Mosley & Anor  FCCA 2488.
COMMERCIAL EQUITY LITIGATION
- He has appeared in various State and Federal Courts, both uncontested and opposed, in a broad range of commercial litigation matters.
- He has instructed Counsel in a number of applications and at trial.
- He acted for the new trustees of a discretionary trust, in circumstances where the retiring trustee disputed the appointment and refused to transfer land held on trust. He appeared unassisted in the Supreme Court and successfully obtained a declaration of the validity of the appointment and orders for the transfer of the land
- He acted for a Defendant involved in Supreme Court proceedings brought by a number of corporate Plaintiffs against the client’s former employer and others, who were alleged to have engaged in financial dishonesty. At a mediation involving 14 other parties, represented by four (4) law firms, and all attending with Counsel, he successfully brought about a settlement of the proceedings against the client.
TORTS & NEGLIGENCE
- He has acted for various clients in proceedings involving a broad range of claims in negligence, trespass, nuisance and intentional torts.
- Acting for a Plaintiff, he instructed Counsel in a civil jury trial in the District Court involving claims for false imprisonment and malicious prosecution against the State of Queensland. The judgment of the District Court is under appeal and the Court of Appeal has reserved its decision.
- He has acted for Plaintiffs and Defendants in defamation proceedings involving online publications, including defamation via websites, Facebook pages and other social media platforms.
- Conducted litigation and successfully brought about settlement for his clients, including an apology and retraction of the defamatory matters where acting for a Plaintiff, and where acting for a Defendant brought about a discontinuance of a Claim before the need to file a Defence.
- He instructed Counsel in an application to extend the one (1) year statutory limitation period for commencing defamation proceedings to three (3) years.
TRADEMARKS, COPYRIGHT AND DESIGNS
- Successfully obtained trademark registrations on behalf of clients, including where the registration of the trademark has been opposed by third parties.
- Successfully obtained registration of product designs on behalf of clients. In certain instances, he has utilised the client’s copyright in the product to successfully register the product design under the Designs Act (Cth).
- He has performed the conveyancing transactions for residential and commercial properties, for seller and for buyer.
• Bachelor of Laws (QUT)
• Graduate Diploma in Legal Practice (QUT)
• Solicitor of the Supreme Court of Queensland
• Solicitor of the High Court of Australia
• Member of the Queensland Law Society