PROFILE

Full Name: Andrew Tragardh
Email: tragardh@vicbar.com.au
Phone:+61 3 9225 8739
Fax:+61 3 9225 8480
Mobile:0416 085 887
Chambers: Owen Dixon Chambers West
Room: 1502
Date of Admission: 1 May 1995
Called to the Bar: 9 Nov 2006
Nationally Accredited Mediator: 17 Dec 2010
Qualifications: LL.B., B.A., GRAD. DIP. LAW, GRAD. CERT. FRAUD INVESTIGATION
Previous Occupation: Solicitor: Arthur Robinson & Hedderwicks, Madgwicks Lawyers

Profile

Andrew Tragardh specialises in commercial disputes, fraud and white collar crime. He has an outstanding reputation for assisting victims of fraud to recover misappropriated assets. He also has an impeccable record defending individuals and companies in proceedings commenced by police, regulators such as ASIC, ACCC, and other government agencies: most recently the successful defence of AWB Ltd Executive Peter Geary, in ASIC v Flugge & Geary [2016] VSC 779.  Andrew has appeared before the Ombudsman, Royal Commissions and Boards of Inquiry.  


He has had a lifetime in the law, initially as a policeman, then for over 20 years as a lawyer - as a solicitor and since 2006, as a barrister.  He appear in all courts in all States of Australia.

Andrew is a member of the Criminal Bar Association and the Commercial Bar Association. 

To visit Andrew’s website www.fraudbarrister.com.au , click here.

A sample of Andrew's commercial matters include:

  • ASIC v McDermott - acting for defendant in Federal Court proceeding re alleged breaches of duties as liquidator, deed administrator and/or administrator.
  • Lam v Lam - appearing for plaintiff at 22 day Supreme Court of trial (with Noel Magee QC)  
  • ACCC v. AGL/CPM - acting for respondent in Federal Court claim issued by the ACCC where my client was alleged to have engaged in misleading and deceptive conduct
  • Tepairi v Pretty - acting for plaintif in Supreme Court of Victoria against another person in a dispute over entitlements to the proceeds of Tattslotto winnings of $13.1M (with Noel Magee QC)
  • Unger v Patillend Investments - acting for plaintiff in Supreme Court claim against trustee of family discretionary trust
  • Strangio & Sharp Design Pty Ltd v. Lettieri & Registrar of Titles – application to the Court of Appeal for the appellants to provide security for costs.
  • Michael v. Chillmech Air Conditioning Pty Ltd & Ors – acting for shareholder/director in Federal Court oppression proceeding (with Noel Magee QC).
  • FP Group Pty Ltd v. Bagnall Direct Services Pty Ltd – acting for defendant in District Court of NSW proceedings; claim based on supply of allegedly faulty ammonia gas sensors to the Toohey’s brewery in Lidcombe.
  • Dee Jay Holdings Pty Ltd & Anor v. Heatherly Enterprises Pty Ltd & Anor – acting for plaintiffs (landowners) in County Court of Victoria proceeding claiming injunctions and damages for nuisance against adjacent landowner and builder.
  • The Elastomers Pty Ltd v. Motoracn 005 188 054 Pty Ltd – acting for liquidator in Federal Court proceeding defending a claim based on a reservation of title clause.
  • Colac Stockfeeds Pty Ltd (in liq.) v. Morrison – defending liquidator’s claim in Supreme Court of Victoria proceeding seeking return of alleged unfair preferences.
  • Bluespace Pty Ltd & Anor. v. Australian Finance & Leasing Pty Ltd – opposing application to VCAT (Civil Claims List) for injunction seeking return of prime mover forfeited following breach of Lease Agreement.
  • Wonthaggi Power Football Club Inc. v. Alberton Football League Inc. & Victorian Country Football League Inc. – acting for football club seeking injunction preventing expulsion from League.
  • Gilbarco Finance Pty Ltd v. Concert Promotions Pty Ltd – Commercial Arbitration; acting for producer of the stage musical “Shout!” in dispute with investor.
  • ED Oates Pty Ltd v. Gibins Pty Ltd – Commercial Arbitration; acting for tenant in commercial tenancy dispute.
  • Scully v Ribbune Pty Ltd & Melbourne Estate Agents Pty Ltd – acting for real estate agent in claim by purchaser for return of deposit following contract of sale of land.
  • Spazzy’s v. FUR Management Pty Ltd –

A sample of some of Andrew’s commercial fraud (civil jurisdiction) matters include:

  • CoInvest Ltd v Sadhai - acting for plaintiff in claim against executive alleged to have defrauded his employer.  Obtained freezing orders. (Supreme Court of Victoria)
  • Dual Australia Pty Ltd v Gonzalez & Jaag Lawyers PtY Ltd - acting for plaintiff in claim against employee alleged to have defrauded approx $16M.  Obtained freezing and search orders. Proceeding settled soon after (Supreme Court of Victoria).
  • Distinctive FX Pty Ltd & Ors v Jason Van Der Slot & Ors - acting for plaintiff in claim against former National Manager alleged to have defrauded approx $8M. Obtained freezing order.  (Supreme Court of Victoria)
  • Retail Adventures Pty Ltd v Group 1 Security Pty Ltd - acting for plaintiff in claim against former security providers (Federal Court of NSW)
  • Classic Rock 91.5FM Pty Ltd v. Vander Vecken – acting for plaintiff employer against former employee who allegedly misapproriated over $600,000 (County Court of Victoria)
  • Dreamtime Wholesale Nursery v. Binns – acting for plaintiff against former book-keeper who misappropriated over $400,000. Matter settled at mediation. (County Court of Victoria)
  • Ambit Instruments v. Hohaia – acting for a plaintiff in proceeding against a former employee book-keeper who stole more than $400,000. I successfully applied for an asset freezing order before the proceedings were issued. (Supreme Court of Victoria)
  • Metso Minerals (Australia) Pty Ltd & Anor v. Kalra & Ors – defending claim by former employer against former employees and consultant alleging misuse of trade secrets/confidential information (Federal Court - Sydney)
  • Fayi Yang & Ors v. Apexleader Group Australia Pty Ltd & Ors – acting for six Chinese citizens in proceedings relating to claims of breach of fiduciary duties, misconduct and misappropriation of money by migration agent and related parties (Supreme Court of Victoria).

A sample of some of Andrew’s commercial fraud (criminal jurisdiction) matters include:

  • Det.LSC Beer v Smith - defended former Managing Director of Lamborghini Australia in complex fraud case issued by Major Fraud Squad.  All charges were dismissed with costs against the Chief Commissioner of Victoria Police following a successful discharge application following Committal Hearing.
  • Department of Employment & Workplace Relations v. Cresp - had charges against company director of obtaining a financial advantage by deception successfully dismissed with costs following 8 day committal hearing.
  • R. v. Wade – acting for stock broker prosecuted by ASIC for stock market manipulation (contrary to s. 1041A of the Corporations Act 2001) concerning shares in Genetic Technologies Ltd (with Dr. Greg Lyon SC).
  • Deputy Commissioner of Taxation v. HK – acting for solicitor/accountant prosecuted following the lodgement of tax returns for fictitious persons (with Dr. Greg Lyon SC).
  • Deputy Commissioner of Taxation v. Terrill – acting for individual prosecuted following the failure to lodge tax returns for past 10 years.
  • R. v. Alimovski – respresented accused (before judge and jury) charged with arson with a view to defraud his insurer.


A sample of some of Andrew’s confiscation matters include:

  • In the matter of Nam Dung Du – successful application for exclusion under s. 51 of the Confiscation Act 1997.
  • In the matter of England – application for spouse of convicted fraudster (former Managing Director of Auto Group Limited (in liq.) seeking exclusion order under section 20 of the Confiscation Act 1997.
  • In the matter of Lang – defending application for automatic forfeiture under the Confiscation Act 1997.
  • In the matter of Boi Lam – acting for third party seeking order excluding property from confiscation under the Proceeds of Crime Act 2002 (Cth).
  • In the matter of Meskovska - acting for wife of convicted person seeking order excluding matrimonial home from confiscation under the Confiscation Act 1997

 View / Print Andrew Tragardh's profile on Foley's List website.  

Areas of Practice

Commercial

  • Appellate
  • Banking
  • Contractual Disputes
  • Corporate Insolvency
  • Corporations Law
  • Insurance
  • International Commercial Arbitration
  • Partnership Disputes
  • Professional Liability
  • Real Property
  • Securities and Investments

Public/Administrative

  • Disciplinary Proceedings
  • Proceeds of Crime

Criminal

  • Fraud
  • Proceeds of Crime/Money Laundering
  • White Collar and Corporate Crime

Appellate

Equity

  • Real Property
  • Trusts

Inquests/Inquiries

  • Commissions and other inquiries
  • Coronial Inquests

Alternative Dispute Resolution

  • Mediators

Areas of Mediation

Common Law/Personal Injury

Commercial

Public/Administrative

Equity

Industrial/Employment

Defamation

Alternative Dispute Resolution

  • Mediators

Also Entitled to Practise in

  • Federal Court of Australia
  • High Court of Australia
From 9 Oct 2008, liability limited by a scheme approved under Professional Standards Legislation.


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