• February 7, 2018 in Agricultural Law, Litigation

    CREEVEY RUSSELL LAWYERS INVITES ALL TO SHATTERCANE CLASS ACTION INFORMATION EVENING IN WILLOW TREE– 13TH FEBRUARY 2018

    Leading legal firm Creevey Russell Lawyers will provide its first update for 2018 on its class action against Advanta Seeds Pty Ltd, previously trading as Pacific Seeds, on behalf of growers who used MR43 Elite sorghum seed anytime between 2010 and 2014 and have suffered a Shattercane infestation on their land due to the use of that seed.

    Creevey Russell Principal Dan Creevey said the firm will be hosting an information evening at Graze Willow Tree Inn on Tuesday, 13 February, 2018.

    “The latest position pleaded by Advanta Seeds in their defence is that the term “shattercane” is uncertain and as a result, they do not know and cannot know the meaning of the term,” Mr Creevey said, “It is disappointing to both me and the farmers that they now won’t even recognise the term shattercane as a known industry term.”

    Creevey Russell last year obtained funding to proceed with the class action for group members on a No Win, No Fee basis.

    The class action seeks to recover compensation for losses that sorghum growers are alleged to have suffered as a consequence of planting contaminated MR43 Elite sorghum seed.

    “Any person who has been affected by Shattercane after planting MR43 Elite seed should attend this meeting to see whether they might be able to benefit from this action,” Mr Creevey said. “The farmers have been suffering from the impacts of shattercane for a long time and I am proud to be able to fight for them”.

    The class action was initiated in Queensland but has also extended to include those sorghum growers in New South Wales who have also been affected.

    Shattercane is a noxious weed which if present in a sorghum crop competes strongly with the planted sorghum and results in a reduced yield. Once present on the land, it can spread vigorously quickly infesting and overrunning the land. It is also difficult to eradicate, often meaning that the land cannot be used commercially for a considerable time.

    Please contact 07 4617 8777 to register your interest in attending the information session, at Graze Willow Tree Inn, 18 New England Hwy, Willow Tree NSW 2339, from 5.30pm-7.30pm, on Tuesday, February 13, 2018. Refreshments will be provided.

    When: Tuesday 13th of February at 5.30pm

    Where: Graze Willow Tree Inn – 18 New England Hwy, Willow Tree NSW 2339

    RSVP: CLICK HERE or call 07 4617 8777

  • January 30, 2018 in Agricultural Law, Litigation

    CREEVEY RUSSELL LAWYERS INVITES ALL TO SHATTERCANE CLASS ACTION INFORMATION EVENING IN TOOWOOMBA – 6TH FEBRUARY 2018

    Leading legal firm Creevey Russell Lawyers will provide its first update for 2018 on its class action against Advanta Seeds Pty Ltd, previously trading as Pacific Seeds, on behalf of growers who used MR43 Elite sorghum seed anytime between 2010 and 2014 and have suffered a Shattercane infestation on their land due to the use of that seed.

    Creevey Russell Principal Dan Creevey said the firm will be hosting an information evening in their Toowoomba offices on Tuesday, 6 February, 2018.

    “The latest position pleaded by Advanta Seeds in their defence is that the term “shattercane” is uncertain and as a result, they do not know and cannot know the meaning of the term,” Mr Creevey said, “It is disappointing to both me and the farmers that they now won’t even recognise the term shattercane as a known industry term.”

    Creevey Russell last year obtained funding to proceed with the class action for group members on a No Win, No Fee basis.

    The class action seeks to recover compensation for losses that sorghum growers are alleged to have suffered as a consequence of planting contaminated MR43 Elite sorghum seed.

    “Any person who has been affected by Shattercane after planting MR43 Elite seed should attend this meeting to see whether they might be able to benefit from this action,” Mr Creevey said. “The farmers have been suffering from the impacts of shattercane for a long time and I am proud to be able to fight for them”.

    The class action was initiated in Queensland but has also extended to include those sorghum growers in New South Wales who have also been affected.

    Shattercane is a noxious weed which if present in a sorghum crop competes strongly with the planted sorghum and results in a reduced yield. Once present on the land, it can spread vigorously quickly infesting and overrunning the land. It is also difficult to eradicate, often meaning that the land cannot be used commercially for a considerable time.

    Please contact 07 4617 8777 to register your interest in attending the information session, at 580 Ruthven Street, Toowoomba, from 5.30pm-7.30pm, on Tuesday, February 6, 2018. Refreshments will be provided.

     

    When: Tuesday 6th of February at 5.30pm

    Where:   Our Toowoomba Offices, 580 Ruthven Street Toowoomba

    RSVP: CLICK HERE or call 07 4617 8777

     

    If you have Shattercane problems please contact Dan Creevey for a no obligation, free of charge discussion about the class action, please call on 07 4617 8777 or email

     

  • December 4, 2017 in Commercial Law, Litigation

    Safe Harbour Laws Will Lead to Better Outcomes

    New “Safe Harbour” legislation provides directors of financially troubled companies the opportunity to attempt to ‘trade out’ of insolvency, in certain circumstances, without the risk of adverse insolvent trading repercussions.

    Prior to these amendments, the legislative framework for insolvent trading was among the strictest in the world, and often resulted in companies entering into voluntary administration or liquidation prematurely.

    Directors of companies in financial distress will now have safe harbour protection from liability for incurring debts when they start developing one or more courses of action that are reasonably likely to lead to a better outcome for the company than the immediate appointment of an administrator or liquidator.

     

    However, directors:

    1. must meet certain requirements to ensure coverage by the safe harbour protection; and
    2. must not continue trading in circumstances where the protection has come to an end.

    The director/s of a company seeking safe harbour protection will need to demonstrate that a reasonable possibility existed that a better outcome for the company would result from their choice of action.

    Other determinative factors as to whether a director will be afforded safe harbour protection include whether the company is continuing to meet employee entitlements and tax reporting obligations, and whether the director/s remained properly informed of company’s financial position, whether advice was sought from an appropriately qualified advisor, and whether the director/s ensured the company maintained appropriate records.

    The safe harbour protection will come to an end, and the director/s will be at risk of insolvent trading liability if:

    1. the director fails to take course of action in a reasonable period;
    2. if the course of action ends;
    3. if the course of action is no longer likely to lead to a better outcome; or
    4. upon a liquidator or administrator is appointed to the company.

     

    Contact Dan Creevey or Alex Geokas on 07 3009 6555 for more information on how to ensure you are afforded safe harbour protection where your company is facing financial difficulty.

     

     

  • November 9, 2017 in Agricultural Law, Litigation

    CREEVEY RUSSELL LAWYERS INVITES ALL TO OUR SHATTERCANE INFORMATION EVENING NSW – 16th November 2017

    Creevey Russell Lawyers are pleased to announce that they now have funding to proceed with this action and will be hosting a Shattercane information evening at the Graze Willow Tree Inn for those farmers already involved and any farmers looking to be involved in this class action.

    THIS CLASS ACTION WILL BE CONDUCTED  ON A ‘NO COST TO YOU’ BASIS.

    If you have suffered loss or damage from Shattercane  – Come along for an informative discussion and hear about the recent progression of the case from Dan Creevey and the team.

    This is your chance to find out more about Shattercane, what the Class Action means to you and how we can help your situation.

    Graze Willow Tree Inn
    18 New England Hwy, Willow Tree NSW 2339
    16th November 2017 – 5.30pm to 7.30pm
    Refreshments provided

    RSVP’s ESSENTIAL – Click Here or call 07 4617 8777

  • November 7, 2017 in Criminal Law, Litigation, Personal Law

    Can police search you in public without a warrant?

    You are walking down the street in Cavill Avenue, and a police officer pulls you aside and advises you that they are conducting a search of you – what can you do?

    When can police search you without a warrant?

    The starting position is that police have no general power to search anyone on the off chance of finding something incriminating. Thus, with limited exception, police have no right to search you.

    To perform a warrantless search of a person in Queensland in public, the police officer/s conducting the search must reasonably suspect any of the prescribed circumstances outlined in section 30 of the Police Powers and Responsibilities Act 2000. There are many prescribed circumstances, but for the purpose of this article, we will focus on possession of dangerous drugs, which is a commonly relied upon reason for conducting warrantless searches.

    The test for whether the search will be lawful comes down to whether or not there were grounds capable of supporting a reasonable suspicion that a person is in possession of dangerous drugs. What this means is a suspicion has to be honestly held and underpinned by sufficient facts and circumstances to show this belief at the time of conducting the search. The reasonableness of the search is not determined by what is found or happens after, rather it is determined by the actual state of the police officer/s mind at the time of performing the search.

    An example of the facts police will rely on to search someone suspected of possessing dangerous drugs is:

    • In regards to appearance – at the time of the search the person is unsteady on feet, pupils dilated, sweating, licking their lips, shaking; and/or
    • a sniffer dog indicates the existence of dangerous drugs.

     

    When police are conducting a search without a warrant, they are entitled to search anything in a person’s possession (e.g. bag) for dangerous drugs.

    What can you do if police perform a search of you without a warrant?

    1. Provide your name and address, however, politely say that you’re unwilling to answer any further questions
    2. Ask if they have a warrant to perform the search.

    See if someone can record what your appearance is at the time, and specifically ask the police officer/s what facts and circumstances gave rise to them conducting the search. This evidence may be able to be used at a pre-trial hearing to determine if any incriminating evidence found can be excluded on public policy grounds.

    Please contact Patrick Quinn or Hugh Tait at Creevey Russell Lawyers on (07) 3009 6555 for further information.

  • October 27, 2017 in Agricultural Law, Litigation

    CREEVEY RUSSELL LAWYERS INVITES ALL TO OUR SHATTERCANE INFORMATION EVENING – 9th November 2017

    Creevey Russell Lawyers are pleased to announce that they now have funding to proceed with this action and will be hosting a Shattercane information evening in their Toowoomba office for those farmers already involved and any farmers looking to be involved in this class action.

    THIS CLASS ACTION WILL BE CONDUCTED  ON A ‘NO COST TO YOU’ BASIS.

    If you have suffered loss or damage from Shattercane  – Come along for an informative discussion and hear about the recent progression of the case from Dan Creevey and the team.

    This is your chance to find out more about Shattercane, what the Class Action means to you and how we can help your situation.

    Toowoomba Creevey Russell Office
    580 Ruthven Street
    9th November 2017 – 5.30pm to 7.30pm
    Refreshments provided

    RSVP’s ESSENTIAL – Click Here or call 07 4617 8777

  • August 23, 2017 in Agricultural Law, Litigation

    Class Actions Level Playing Field

    Legislative changes in Queensland which have established a regime for conducting class actions provide plaintiffs with a more level playing field to seek justice, says leading legal firm Creevey Russell Lawyers.

    The Queensland law firm has been among the first to take advantage of recent amendments to the Civil Proceedings Act 2011 with the launch of its class action against Advanta Seeds Pty Ltd, previously trading as Pacific Seeds, on behalf of growers in Queensland and NSW who have had sorghum contaminated with shattercane seed.

    Creevey Russell’s Principal Dan Creevey said in many cases a class action – a claim arising from seven or more claimants against the same defendant and handled as a rule on a ‘no win, no fee basis’ – is the only option many plaintiffs have to seek redress from the courts.

    “Class actions allows plaintiffs to pursue claims even if the quantum of the claim is not that great,” he said. “A class action lawsuit allows plaintiffs to pursue a worthy cause on principle. For example, a bank may be adding hidden fees to customers’ accounts. While the amount of the claim for the individual may not warrant the legal fees for one plaintiff, a class action allows such litigants to seek justice.”

    Mr Creevey said another advantage to a class action is a judgment or settlement against the defendant can result in a fairer distribution to the plaintiffs.

    “If many plaintiffs sue the defendant the ‘first in’ plaintiffs may be the only ones who receive damages,” he said. “Class actions provide more options for an equitable distribution of the judgment/settlement moneys.

    “Class actions also benefit the judicial system. The case is managed and determined by one judge in one court. That judge ensures that the matter progresses as quickly as possible and that it is given a certain level of priority and decisions are made in the interests of justice.”

    Further inquiries:

    Dan Creevey (07) 4617 8777

    About Creevey Russell Lawyers

    Creevey Russell Lawyers is a full service law firm which operates primarily from our Brisbane practice, with the capacity to provide superior legal services to western Queensland through our Toowoomba practiceCreevey Russell Lawyers deliver results to a variety of clients including developers, corporations, accountants, liquidators and private clientele

  • June 22, 2017 in Agricultural Law, Litigation

    Update on Shattercane Class Action

    Mallonland Pty Ltd v Advanta Seeds Pty Ltd

    Supreme Court of Queensland at Brisbane Representative Proceeding 4103/17

     CREEVEY RUSSELL LAWYERS CONTINUE WITH SORGHUM SEED CLASS ACTION AGAINST ADVANTA SEEDS (PACIFIC SEEDS)

     ** MR43 SEED CLASS ACTION UPDATE **

    In April 2017, Creevey Russell Lawyers launched Queensland’s first class action against Advanta Seeds Pty Ltd. Advanta previously traded under the name Pacific Seeds and will be well known to many sorghum growers.

    What it’s all about

    The claim relates to the supply of grain sorghum seed for planting called MR43 Elite which was contaminated with shattercane seed.

    The Advanta class action presents growers with the most comprehensive and cost-effective chance of recovering compensation for reduced yields over land infected with shattercane.

    You may be entitled to a part of any proceeds

    The claim is made on behalf of all those people who between 2010 and 2014 either conducted a business in Queensland or New South Wales for the planting and commercial cultivation and sale of sorghum and used MR43 seed purchased from Advanta to plant and cultivate that sorghum or alternatively are owners of land on which MR43 seed was planted.

    If you are one of these people and you have been impacted by shattercane, you will be entitled to a share of any damages obtained from Advanta. This is at no cost or risk to you, but we need to know who you are to advance your claim.

    New South Wales Growers

    The claim has been amended to include New South Wales growers who have also been effected by Shattercane.   Dan Creevey will be travelling to the Liverpool Plains area in New South Wales in the near future to meet with effected growers on their properties.  Further details will be provided shortly.

    Current Status and updates

    All updates and court documents filed in this matter to date, including a copy of the Claim and Statement of Claim, Defence and Reply can be found on the Creevey Russell Lawyers website at www.creeveyrussell.com.au/shattercane-class-action/.

    What you need to do

    If you purchased or planted MR43 seed between 2010 and 2014 and have been infected with shattercane , you need to make yourself known to us. We can then advise you whether you will be entitled to a share of any final payment obtained from Advanta. There is no risk or cost for you in doing so. The only risk is that you do not get in contact with us and consequentially miss out on a payment that could otherwise be made to you.

    To advance things, please contact Dan Creevey on 07 4617 8777, or register your interest at www.creeveyrussell.com.au/shattercane-class-action/.

    Information Evening

    Creevey Russell Lawyers will be hosting an information evening in their Toowoomba offices on 18 July 2017 for those farmers already involved and any farmers looking to be involved in this class action. 

    Further information and invitations will be sent out and posted on the website shortly.

    Dan Creevey
    Partner
    Creevey Russell Lawyers
    Ph: 07 4617 8777
    email:

     

  • May 31, 2017 in Litigation

    BCIPA – The Building and Construction Industry Payments Act

    The Building and Construction Industry Payments Act 2004 (the ‘Act’) can be an effective tool for eliciting payment due under a construction contract, in a time and cost effective way, if used correctly. Depending on the amount of the claim and how the adjudication progresses, the process between payment claim and adjudication decision is capable of taking as little as 8 weeks.

    Starting the process is as simple as issuing your invoice as a ‘payment claim’ pursuant to the Act.

     

    Generally, the adjudication process is as follows:

     Applicant serves Payment Claim
    Respondent serves Payment Schedule
    Applicant lodges Adjudication Application
    Respondent serves Adjudication Response
    Applicant serves Reply (only in some circumstances)
    Adjudication Decision
    Filing of decision as a judgment for a debt
    Enforcement of Judgment

     

    We note there are factors which may alter the above process. For example, if a payment schedule is not received a notice must be served on the respondent before lodging an adjudication application.

    Whilst the Act is capable of streamlining the process for recovering unpaid invoices, it contains specific requirements and time frames for every step of the process and should these not be strictly adhered to the adjudicator is unable to award payment to you.

    Further, before lodging an adjudication application, you should consider whether a charge pursuant to the Subcontractors Charges Act 1974 would be a more effective way to secure payment. If the dispute has already gone to adjudication you may be precluded from exercising your rights by way of charge.

    To discuss further, please contact Alexandria Geokas on 07 3009 6555.

    Alexandria Geokas
    Lawyer
    Creevey Russell Lawyers
    07 3009 6555

     

  • March 15, 2017 in Agricultural Law, Litigation

    Agricultural Law : Shattercane Problems?

    Are you a sorghum grower impacted by Shattercane?  Is Shattercane costing you time and money to control? Are you concerned about the financial impact on you and the value of your property?

    If you purchased seed contaminated with Shattercane seed then you may have a claim to financial compensation.

    Creevey Russell Lawyers are presently preparing a class action for growers affected by this problem.

    If you have Shattercane problems, please contact Dan Creevey for a no obligation and free of charge discussion about whether you may have a claim. 
    Call us on 07 4617 8777 
    or email

    Agricultural Law Team