Anton Dunhill

Anton Dunhill BCom, LLB
Senior Associate
Phone: +61 3 8600 6019
Email:
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Teams

Anton is an experienced member of our Commercial Dispute Resolution team. Anton works in a wide range of matters ranging from commercial, planning and compulsory acquisition disputes to contested estates and guardianship law. His expertise includes matters of competency and unconscionable dealings.

Anton's broad experience enables him to provide balanced analysis of any given situation as well as objective and practical legal advice. While his preference is to provide pre-emptive advice to avoid cost and hassle, he is adept at negotiation, mediation and complex trials in several jurisdictions including a number of significant cross-border proceedings.

Out of the office, he dedicates himself to the Australian International Opera Awards (of which he is a founding board member and director), the Opera School Melbourne and other charitable and pro bono endeavours. Anton is also a member of the Litigation section of the Law Institute of Victoria and is the pro bono co-ordinator at Aitken Partners.

Compulsory Acquisition, Planning and Property

Anton’s experience in property matters include acting for:
»        landlords and tenants with planning and Compulsory Acquisition matters and Public Acquisitions Overlays across Victoria including:
o        Regional Rail Link
o        desalination plant at Wonthaggi
o        desalination pipeline
o        Outer Metropolitan Ring Road
o        Yan Yean Road
o        Craigieburn By-Pass
o        grasslands
o        water pipelines
o        electrical transmission lines
o        water storage facilities
o        road widening;
»        various individuals with planning permit applications and disputes;
»        a developer in a planning application in VCAT for a development of a golf course accommodation facility at Phillip Island;
»        landlords including rural landowners and corporate clients with CBD properties in tenancy disputes;
»        tenants including a public company and a suburban chamber of commerce in tenancy disputes;
»        Bodies Corporate (Owners Corporation), providing general advice and in disputes with builders;
»        advising with respect to contaminated property;
»        unChain St Kilda (a not for profit organisation) in relation to its objections to the proposed Triangle Development Plan for the ‘St Kilda Triangle’ site – proceedings at the VCAT against Port Phillip City Council under s.149B of the Planning and Environment Act regarding development planning approval including issues of invalid approval, denial of natural justice, unreasonableness and acting ultra vires;
»        individuals and companies with commercial and residential property disputes;
»        landowners adjoining property disputes with neighbours and municipalities;
»        individuals and companies with building and construction disputes;
»        advising and acting for Owners Corporations with respect to legislative requirements;
»        acting for Owners Corporations embroiled in internal and external disputes; and
»        acting as chairperson and advisor for Annual General Meetings.
Wills & Estates and Guardianship & Administration
Anton’s experience includes advising on and conducting proceedings with respect to contested estates, including obtaining limited grants of probate pending litigation as well as Guardianship & Administration cases involving questions of capacity and undue influence. Anton has acted for beneficiaries, trustees, executors, family members, creditors, residential care facilities and excluded parties. Some cases include:
»        acting for residential care facilities in protecting the best interests of the residents, including obtaining outstanding fees and deposits withheld by family members;
»        urgent applications to prevent withdrawal of care for patients such as dialysis;
»        seeking to rectify wills to accord with the testators’ intentions;
»        seeking compensation for negligence by solicitors drafting wills and administering estates in error;
»        seeking compensation for misappropriation of estate funds and/or the family home;
»        seeking a declaration that a constructive trust exists over assets in an estate;
»        seeking further provision from estates in accordance with Part IV (Testator Family Maintenance) Provisions under the Administration and Probate Act 1958, including cases involving defacto and same sex relationships;
»        defending against claims made in Part IV proceedings;
»        acting where claims are made for repayment of loans to a testator many years prior to death (and subject to the Limitations of Actions Act);
»        acting in claims concerning unconscionable transactions and/or undue influence;
»        seeking a limited grant of probate to investigate the affairs of a testator with a view to issuing proceedings;
»        seeking the return of assets to an estate, removed through unconscionable dealings;
»        obtaining limited grants of probate in contested and difficult estates;
»        seeking provision from an estate where the gift no longer formed part of the estate (ademption);
»        advising on international assets not covered by estates;
»        executors defending an application for removal by the beneficiaries;
»        acting in Victorian Civil and Administrative Tribunal proceedings concerning the affairs of parents who no longer have capacity to manage their own affairs, particularly with respect to the administration of finances and assets;
»        acting in Victorian Civil and Administrative Tribunal proceedings concerning the affairs of parents who no longer have capacity to manage their own affairs, particularly with respect to the guardianship decisions concerning residence and family access; and
»        advising in respect to the Superannuation Complaints Tribunal.
General Litigation
Anton’s experience in General Litigation includes acting for and advising with respect to:
»        Supreme Court, County Court and Magistrates Court litigation;
»        Federal Court and Federal Magistrates Court litigation;
»        Victorian Civil and Administrative Tribunal litigation;
»        Commercial Arbitration;
»        Supreme Court litigation involving family members, including multi-million dollar family businesses;
»        the enforcement of guarantees and indemnities;
»        large international companies in dispute with banks and auditors arising from fraudulent activities of its Australian company's directors;
»        large companies in civil proceedings against employees who perpetrated fraud and theft;
»        individuals in dispute with former solicitor and company over monies had and received, fraud and unethical conduct;
»        accounting firms in professional negligence claims;
»        administrators and liquidators in debt and winding up matters;
»        companies in liquidation in contractual disputes including challenging uncommercial transactions;
»        individual clients involved in contractual disputes over the sale of businesses involving fraud and including injunctive relief preventing defendants from dealing with property;
»        large companies in civil proceedings with employees who perpetrated fraud and theft including injunctive relief preventing them from dealing with property;
»        individuals, businesses and bodies corporate regarding disputes involving misleading and/or deceptive conduct and unconscionable conduct;
»        a national machinery importer and distributor in defending product liability claims;
»        a furniture retailer and directors in defending product liability and an Occupational Health & Safety claim;
»        Government Statutory Bodies in IP website disputes;
»        individuals and business in various IP disputes;
»        a software manufacturer in software licensing disputes;
»        a NSW Media Group with respect of revocation of an ABA licence;
»        interstate and international proceedings and jurisdictional issues;
»        transferring proceedings to alternate jurisdictions;
»        foreign service and processes;
»        solicitors costs disputes and court taxation of costs;
»        liquidator remuneration disputes;
»        a national firm of solicitors in a fee dispute with a Government body;
»        professional negligence claims;
»        defence of prosecutions;
»        prosecuting Melbourne Market Authority infringements;
»        Partners in dispute with current or former partners, including valuation of shares and other contractual terms;
»        negotiating with Administrators of a major company in liquidation and Government offices throughout Australia; and
»        general disputes (including provision of goods and services, sale of business, joint venture, insurance and debt disputes) for, among others:
o        a software manufacturer
o        auctioneers
o        a school
o        pharmacists
o        international companies
o        innovative product manufacturers
o        a large fruit production co-operative
o        a salary packaging company
o        a corporate hardware wholesaler and retailer
o        a financial services firm
o        a corporate printing group
o        a national food and beverage group
o        an electronics wholesaler and distributor
o        a major transportation group
o        a film maker in dispute with an insurance company over a $6M film revenue insurance policy
o        a major grain producer
o        a NSW stock broking firm.
 
Freedom of Information and Privacy
Anton is well versed in Freedom of Information legislation and has experience in advising and acting for individuals and organisations making or objecting to freedom of information requests including:
»        FOI applications and/or advice about obtaining:
o        building reports from the Australian Securities and Investments Commission;
o        files from a government department on behalf of a politician;
o        documents held by the City of Port Phillip on behalf of the President of Unchain St Kilda;
o        files from Councils on behalf of landowners;
o        files from hospitals by individuals;
o        files from the department of Human Services concerning Adoption and Permanent Care Procedures; and
o        police reports and briefs relating to assault and battery by Victoria Police and civil compensation claims.
»        FOI objections and/or advice about:
o        a law firm objecting to release of documents by Victoria Legal Aid;
o        a client objecting to release of documents held by the Australian Prudential Regulation Authority;
o        defending a reverse FOI application on behalf of the President of Unchain St Kilda;
o        a client objecting to release of documents held by the Department of Innovation, Industry and Regional Development; and
o        a client objecting to release of documents held by the Environmental Protection Authority.