Tully Carmady is a specialist commercial litigator with more than 20 years' experience. He practices almost exclusively in the Supreme and Federal Courts and has been involved in, both as counsel and as instructing solicitor, many trials and interlocutory hearings, including applications for interlocutory injunctions.
Tully is an experienced commercial negotiator and has had great success in resolving disputes for his clients without the expense and delay of a trial. In the modern commercial litigation practice the ability to negotiate effectively, either at formal mediations or meetings generally, is an essential skill. Tully believes that it is essential that you never lose sight of the end result. The key is to identify the client's goal and then move to achieve that goal in a manner that is commercial and efficient, but also in a manner that is proportionate to the nature of the dispute.
While Tully has a broad range of experience, he has made a particular speciality of disputes involving the breakdown of the relationship between the co-owners of businesses. Whatever the structure - partnership, company or unit trust - he is able to advise his clients of the best manner of working through these difficult situations, which generally involve divergent views as to relative contributions and expectations.
Tully is a member of the Law Society of Western Australia and a member of the Australian Institute of Company Directors. Tully is a Director of Williams + Hughes.
Recent litigation matters Tully has run include:
- Acting for clients following the collapse of Diploma Group. Performance bonds had been issued by an insurer in favour of our clients, when Diploma Group went into liquidation and was unable to complete the work our client called on the bonds. The insurer refused to pay. We commenced proceedings in the High Court against the insurer to compel performance of the obligations under the bonds, payment of around $2 million in claims. We were successful and our clients were awarded summary judgement against the insurer.
- Acting for a Western Australian Mortgage Broker in liquidation, commencing proceedings against its auditor for failing to detect defalcations of officers of the company.
- Acting for a mining services company in a $20 million claim of inducement to breach contract. The matter was settled with a favourable outcome for our client.
- Acting for a client in bringing an oppression action following a company restructure where the other business owners were seeking to remove our client as a director. We sought and received an injunction to restrain our client’s removal and arrived at a settlement on good terms.
- Acting for a mining company in a dispute regarding the multi-million dollar maintenance arrangements on the lease of earthmoving equipment for a mine.
- Acting for a client entering into a franchise agreement. The matter involved claims of misleading and deceptive conduct.
- Acting for an accountant in a $4 million claim for professional negligence.
- Acting for an earthmoving contractor in a dispute with joint venture partners over works provided on a mine site.
- Advising a property industry client on matters of a breach of fiduciary duty and breach of employment contract.
- Advising an international components manufacturer on an application to set aside a statutory demand relating to fees charged for services provided in the purchase of a chemical processing plant in Germany. The fees charged were in excess of $2 million. The matter involved complex issues relating to which court had jurisdiction of the matter.