Nicholas Kallipolitis

An Accredited Specialist in Commercial Litigation, Nicholas has over 17 years of experience in contractual, building and construction (developers, contractors, government and homeowners), banking & finance, intellectual property, professional negligence, personal and corporate insolvency, trade practices and company and corporations law disputes. In that time Nicholas has worked with multinationals, subsidiaries, government agencies and state owned corporations, listed companies, SME’s and local councils across many jurisdictions such as the High Court, Supreme Court, Federal Court, including cross border related matters.

Nicholas’s objective is to achieve desired outcomes by working with his clients as a team throughout the dispute process. By undertaking the course and becoming a graduate of the Australian Institute of Company Directors, Nicholas understands what makes a business or organisation tick and their intricacies, and takes the time to understand their respective needs.

Through his years of experience, astute commercial nature, and by listening to his clients, Nicholas is able to develop matter specific strategies that seek to achieve time and cost efficiencies.

 

Qualifications/Memberships

• Bachelor of Arts (University of Sydney)

• Bachelor of Laws (University of Technology Sydney)

• Accredited Specialist Commercial Litigation

• Graduate and member of the Australian Institute of Company Directors.

• Member Law Society of NSW

 

What Nicholas’ clients say

“I have known and worked with Nick for many years and have always found him to be intelligent, professional and commercial in every matter we have had together. His technical proficiency is of the highest standard and his practical approach results in better outcomes for our clients.” – Business owner and insolvency practitioner

“We were recommended to Nick for his specialist skill set half way through our construction dispute as we were not happy with the legal assistance being provided. Right from the start Nick ensured that he listened to our concerns and objectives and developed a strategy to suit our business requirements. His ability to manage our complex matter and work through the weeds to achieve an outcome was exceptional, particularly given the difficult party on the other side. In resolving the matter we were able to focus on our businesses.” – Director, Construction and Events Companies

 

A word from Nicholas

We are all in this together…my philosophy and passion is that disputes do not have to be costly, daunting or stressful when we work together and think outside of the box. I get immense satisfaction in working with clients, attending your business premises, and creating a symbiotic relationship. At its simplest it is listening to you and understanding your needs, developing strategies to match and evolving over time as circumstances change.

For some clients it is seeking to resolve a dispute, for others it is being willing to engage in the litigation process and seek a judicial outcome. Interests vary and as your trusted advisor my goal is to walk alongside you as we traverse that path.

 

Career highlights

• Resolving a complex shareholder dispute for a large family-owned tea tree oil business. One of the majority shareholders was a trustee in bankruptcy and I acted for the remaining family members. An unfavourable outcome would have seen a viable family business disappear. Instead it is now thriving and to the benefit of the community at large given the therapeutic benefit of its business.

• Defending and settling a number of matters for a construction company that arose out of the same dispute. The claim brought against my client included Security of Payment claims, contractual disputes, and corporations law matters. Using different lawyers prior to being referred to me, the client obtained a swift and cost-effective outcome to what had been a complex, time consuming dispute, distracting them from running their businesses.

• Running and successfully obtaining a court judgment in the NSW Court of Appeal in O’Connor v O’Connor [2018] NSWCA 214 which became a seminal case for preliminary discovery in NSW by broadening the test on what documents should be produced. The other side defended the proceedings and refused to provide the documents being sought. As a result, my client obtained the documents required to be able to commence further proceedings and a costs order in its favour.

• Acting for the plaintiff in proceedings where a constructive trust was sought over property, given my client had contributed financially to the upkeep and maintenance of the property. The application was successful – I saved my client’s property and returned it to its rightful owner.

• Successfully obtaining an interim injunction for a client where a previous owner of the business had breached its contractual restraint of trade and thereby preserving my client’s intellectual property and confidential information.

• Favourably resolving proceedings commenced against a client by a large automaker for breach of trademark, misleading and deceptive conduct pursuant to the Australian Consumer Law and passing off. This meant my client avoided protracted and costly court proceedings.

• Acting for insolvency practitioners who were appointed as directors by the shareholders over a company with assets in the hundreds of millions. One of the shareholders thereafter commenced proceedings including against the directors. Despite both lawyers and client on the other side being difficult, a resolution was reached in the interests of my clients and thereby securing their fees.

 

Specific areas of focus

• Commercial and residential building and construction disputes

• Personal and corporate insolvency and security preservation

• Contract enforcement and debt recovery

• Partnership, shareholder and corporations law disputes

• Property and lease disputes, particularly interests in land and breach of lease

• Protecting intellectual property, confidential information and dealing with negative reviews

• Misleading and deceptive conduct and restrictive trade practices

• Enforcing credit contracts and recovery.