MENU

Andrew
Tragardh

Andrew Tragardh specialises in commercial disputes, fraud and white collar crime.  He is also a qualified fraud investigator. 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 and on appeal in ASIC v. Geary [2018] VSCA 103.

Andrew has appeared before the Ombudsman, Royal Commissions and Boards of Inquiry.  He appears in all Courts in all States of Australia. Andrew is a member of the Criminal Bar Association, the Commercial Bar Association and the Australian Institute of Professional Investigators. To visit Andrew’s website click here.

Some of Andrew's general commercial matters include:

  • Deputy Commissioner of Taxation v Arico (No.2) [2017] VSC 746
  • In the matter of S&J Boots Pty Ltd - oppression claim in Supreme Court of Victoria.
  • 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 in transfer of land fraud case at 22 day Supreme Court of trial then in Court of Appeal (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.

 

Some of Andrew’s commercial fraud (civil jurisdiction) matters include:

  • Civil matters where Andrew has acted for companies alleged to be victims of fraud: 
    • StarTrack Express Australia Pty Ltd v Freight Choice Pty Ltd & Ors - acting for StarTrack in Supreme Court -  obtained freezing orders and search order - claims included tort of conspiracy, fraudulent representation, breach of confidence.
    • Signcraft Pty Ltd v Fitzgerald & Anor - acting for Signcraft in Supreme Court - obtained freezing orders and search order - claims against former CEO and CFO included breach of fiduciary.
    • Coachair Pty Ltd v Mifsud - acting for Coachair in Supreme Court - obtained search order against former employee and trade competitor - claiming breach of confidence.
    • Origin Energy Servicer Ltd v. Nguyen Tran - acting for Origin Energy in Supreme Court - obtained freezing orders and search order - claim against employee for breach of fiduciary duty.
    • Minus 1 Refrigerated Transport Pty Ltd v Mannning - acting for Minus 1 in Supreme Court - obtained freezing order - claim against employee for breach of fiduciary duty.
    • Rail Plus Australasia Pty Ltd v Hee Meng & Anor - See Rail Plus Pty Ltd v Hee-Meng Ng and Anor [2013] VSC 429 (22 August 2013). Acting for Rail Plus in Supreme Court - obtained freezing order and search order - claim against employee/director for breach of fiduciary duty
    • CoInvest Ltd v Sadhai - acting for plaintiff in Supreme Court claim against executive alleged to have defrauded his employer.  Obtained freezing orders. 
    • Randhawa v Taligatus - acting for plaintiff in District Court of Queensland claim against person alleged to have defrauded a victim of an internet scam.  Obtained freezing order. 
    • Dual Australia Pty Ltd v Gonzalez & Jaag Lawyers PtY Ltd - acting for Daul Insurance in Supreme Court claim against employee alleged to have defrauded approx $16M.  Obtained freezing and search orders. 
    • 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 - obtianed freezing order (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)
    • 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).

 

Civil matters where Andrew has acted for companies or individuals alleged to have committed fraud: 

  • Director of Consumer Affairs Victoria v Belle Gibson - appeared in Federal Court to oppose application for variation of orders
  • ASIC v Geary - successful defence in long running Supreme Court trial for former officer of AWB Ltd re alleged breach of ss 180 & 181 during Oil For Food Program sanctions against Iraq (with Ian Hill QC) See ASIC v Flugge & Geary - [2016] VSC 779 - BC201610828; ASIC v Geary [2018] VSCA 103. 
  • ACCC v Exclusive Media & Publishing Pty Ltd & Ors [2014] FCA 228 - acting for respondents defending claim by ACCC alleging misleading & deceptive conduct, unconscionable conduct, harassment and coercion (Federal Court - Brisbane)
  • 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)

 

Some of Andrew’s commercial fraud (criminal jurisdiction) matters include:

  • Ashley Gedye v. Suleyman Erdogan - defence of ATO prosecution
  • DSC Tracey Beer v Andrew James Smith - successfully applied for a dismissal of complex fraud charges against former managing director of Lamborghini Australia, following 4 day committal hearing.  Costs awarded against the Chief Commissioner of Victoria Police.
  • 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 Alimovski - assisted wife of convicted person to exclude her interest in the matrimonial property from being forfeited under Confiscation Act 1997. 

Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.

Contact

PH +61 3 +61 3 9225 8739
Email tragardh@vicbar.com.au
FAX +61 3 9225 6355

Chambers: Room 1503
Owen Dixon Chambers West
525 Lonsdale Street
Melbourne 3000

Practice Areas

Alternative Dispute Resolution
International Arbitration
Mediation
Appellate
Civil Appeals
Banking & Finance
Mistaken / Fraudulent Transactions
Bankruptcy Law & Insolvency Law
Public Examinations
Commercial Law
Banking & Finance
Bankruptcy Law & Insolvency Law
Competition Law & Consumer Law
Contractual Disputes
Corporations Law & Securities Law
Insurance Law & Professional Negligence Law
Property & Probate
Sports
Superannuation
Competition Law & Consumer Law
Restraint of Trade
Trade Practices
Corporations Law & Securities Law
ASIC Investigations
ASIC Prosecutions
Directors' Liabilities
Partnership Disputes
Criminal Law
Confiscation of Assets
Corporate / White Collar Crime
Corruption
Fraud
Money Laundering
Proceeds of Crime
Victims of Crime
Equity & Trusts
Powers of Attorney
Real Property
Wills & Probate
Industrial Relations Law & Employment Law
Restraint of Trade
Inquests, Inquiries, Tribunals & Commissions
Coronial Inquests
Disciplinary Tribunals
Royal Commissions
Public Law & Administrative Law
Disciplinary Proceedings
Sports
Disciplinary Tribunals
Superannuation
Regulatory Investigations
Tax Law & Revenue Law
Tax Prosecutions
Victims of Crime
Compensation

ADMISSIONS

Admitted to the Legal Profession:
01 May 1995
Signed Victorian Bar Roll:
09 Nov 2006

Qualifications

LL.B., B.A., GRAD. DIP. LAW, GRAD. CERT. FRAUD INVESTIGATION