Chad Gear
Chad Gear
Chad Gear has acted in complex, significant and high-profile matters, and in a broad range of corporate, commercial and insolvency-related disputes. He has acted for various stakeholders including financial institutions and insolvency practitioners.
Chad was recommended by Doyle’s Guide in 2019, 2021, 2022 and 2023 for Insolvency and Restructuring, and is a registered costs assessor.
Notable matters
- Acted for a Senator in the 2017-2018 Australian parliamentary eligibility crisis.
- Advised the Australian Government in relation to corporations law issues affecting prescribed bodies corporate and policy statements.
- Acted for the successful liquidator to have certain transactions declared unfair preferences within the meaning of section 588FA of the Corporations Act 2001 (Cth): Trenfield, in the matter of ACN 089 008 668 Pty Ltd (in liq) v JMD Park Pty Ltd [2019] FCA 2154.
- Acted for a defendant in a proceeding involving 17 defendants and tens of causes of action seeking hundreds of million in loss and damage.
- 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 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 be 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 be struck out for want of prosecution (Citypoint (Hotels) Pty Ltd v AIB Pty Ltd15/11/2011 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 2001examinations, advised in relation to ASIC prosecutions and assisted in the negotiation of entry into enforceable undertakings.
- Acted in a case against a law firm which acted negligently in the performance of its retainer for the conveyance of a business.
- Advised on and prosecuted statutory appeal proceedings in respect of 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.
Other activities
- Recommended by Doyles Guide in 2019, 2021, 2022 and 2023 as a leading lawyer in 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 Committee.
Qualifications
- Bachelor of Laws
- Bachelor of International Business
- Graduate Diploma in Legal Practice, Skills and Ethics
- Admitted to the Supreme Court of Queensland
- Admitted to the High Court of Australia
- ARITA: Advanced Certificate in Insolvency
Memberships
- Queensland Law Society
- Australian Restructuring Insolvency & Turnaround Association (ARITA) (formerly the Insolvency Practitioners Association of Australia)
- Mortgage & Finance Association of Australia (MFAA)
- Financial Services Institute of Australasia (FINSIA)
- Australian Institute of Professional Investigators (AIPI)
- Registered Costs Assessor