Demian Walton,Disputes and Insolvency Expert in Melbourne

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Director
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Melbourne, Australia

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Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)

Demian advises company directors, private clients, and insolvency practitioners on complex commercial disputes, asset protection, and distressed business situations.

Demian has more than 20 years’ experience as a commercial litigator and insolvency lawyer, guiding clients through matters that frequently involves significant financial or operational pressure. His work spans acting for clients in high-value commercial disputes as well as advising clients regarding asset structuring, and acquiring or restructuring distressed businesses.

Demian has acted both for and against liquidators and bankruptcy trustees, which has given him a clear view of how insolvency disputes develop and where the practical pressure points lie. He draws upon this experience to identify issues early and carefully prepare litigation strategy in line with his client’s broader commercial objectives.

He works closely with clients and their accounting and financial advisers when matters involve restructuring, asset protection, or business continuity issues, which helps clients assess options clearly and coordinate legal strategy with financial and operational priorities.

  • Acted for a creditor in a successful appeal to the Full Court of the Federal Court of Australia to set aside a deed of company arrangement.
  • Acted for a national provider of training and employment services to acquire the labour hire operations of an insolvent ASX-listed company through a deed of company arrangement.
  • Acted for numerous agribusiness investors in successfully resisting loan recovery proceedings by a major bank brought under a class action settlement deed.
  • Acted for a lead objector in successfully opposing Court approval of a class action settlement relating to a failed forestry investment, then successfully sued the client's financial advisor to achieve a multi-million-dollar settlement.
  • Conducted hard-fought litigation on behalf of a franchisee against a major retail franchisor for misleading and deceptive conduct, which resulted in the Court awarding substantial compensation to the client.
  • Successfully defended an accounting firm against a multi-million-dollar professional negligence claim involving complex international tax structures; then brought successful litigation to recover the client's legal costs from the insurer who originally denied cover.
  • Settled a dispute on behalf of a major property developer with his bank by procuring their support for a personal insolvency agreement.

Asset Protection and Restructuring
Protecting your wealth and structuring assets thoughtfully can help limit exposure to legal and financial risk. Asset protection and restructuring strategies can preserve value, improve flexibility, and support more informed decision making as circumstances change
Learn about Asset Protection and Restructuring
Corporate Insolvency
Corporate insolvency involves financial distress where a company is unable to meet its obligations. These situations can raise questions about available options, stakeholder impact, and the future direction of the company.
Learn about Corporate Insolvency
Personal Insolvency
Personal insolvency can be a highly challenging financial situation. When debts become difficult to manage, uncertainty around options and obligations can quickly create pressure.
Learn about Personal Insolvency
Business Partnership Disputes
Business partnership disputes arise when partners disagree about how a business is managed, how responsibilities are shared, or how financial interests are handled. These disputes can affect operations, relationships, and the ongoing viability of the business.
Learn about Business Partnership Disputes
Commercial Lease Disputes
Commercial lease disputes involve disagreements between landlords and tenants about how lease terms are interpreted or applied, with potential implications for cost, use of premises, and ongoing operations.
Learn about Commercial Lease Disputes
Commercial Litigation and Disputes
Commercial litigation and disputes often arise when business disagreements cannot be resolved through negotiation or informal means. A formal legal process can provide structure, clarity, and a path toward resolution.
Learn about Commercial Litigation and Disputes
Contractual Disputes
Contractual disputes arise when parties disagree about their rights, obligations, or performance under an agreement. Understanding how a contract operates in practice can help clarify positions and support informed resolution of disputes.
Learn about Contractual Disputes
Shareholder Disputes
Shareholder disputes involve disagreements between shareholders, or between shareholders and company directors, about company management or the exercise of shareholder rights. These disputes can affect a company’s operations, value, and relationships.
Learn about Shareholder Disputes
Professional Negligence
Professional negligence arises where a professional’s advice, skill, or conduct falls below the standard reasonably expected in their field and results in loss or disadvantage.
Learn about Professional Negligence
Director Penalty Notices
A Director Penalty Notice places personal liability on company directors for certain unpaid tax obligations. Understanding your position and acting promptly can be critical to managing risk and protecting your personal interests.
Learn about Director Penalty Notices
Unfair Preference Claims
Unfair preference claims arise where payments made before liquidation are examined to determine whether they unfairly preferred one party over others. Clear legal advice helps clarify whether a claim should be pursued or defended, and how to respond in a structured and informed way.
Learn about Unfair Preference Claims
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