tragardh@vicbar.com.au
0416 085 887

About Andrew

Biography

Andrew is a barrister who specialises in high value commercial disputes, fraud and white collar crime. He is also a qualified fraud investigator.

He has an excellent reputation for assisting victims of fraud to recover their misappropriated assets. Andrew also has an impeccable record defending individuals and companies alleged to have committed fraud in either civil or criminal jurisdictions, and persons defending proceedings commenced by ASIC, ACCC or other government agencies: most recently the successful defence of AWB Ltd senior executive, Peter Geary in ASIC v Flugge & Geary [2016] VSC 779 and on appeal in ASIC v Geary [2108] VSCA 103.

Unlike most lawyers, Andrew has a law enforcement background and has fraud investigation qualifications and practical experience. He does the hard work putting all the pieces of the ‘jigsaw puzzle’ of sophisticated fraud cases together and achieves outstanding results.

He appears in all courts in all States of Australia.

Some Highlights

Civil fraud cases – acting for plaintiff

  • Favourable early settlement of Supreme Court claim for victim insurance company in $16M fraud claim against former Claims Manager and others – after obtaining Freezing Order over the assets of the defendants and Search Order over the defendants residence.
  • Favourable pre-trial settlement of Supreme Court claim by individual against another in dispute over entitlement to proceeds of $13M Tattslotto win
  • Supreme Court claim for property developer in $8M fraud claim against former Manager and others. Obtained Freezing Order over the assets of the defendants and Search Order over the defendant’s residence and other addresses.
  • Judgment in Supreme Court claim for transport ticketing company in $3M fraud claim against former CFO and Director. Obtained Freezing Order over the assets of the defendant and his wife and Search Order over the defendant’s residences.
  • Obtained judgment for a client against his insurance company after the insurance company refused to indemnify – insurance company unsuccessfully defended the claim asserting Andrew’s client deliberately lit the fire and made a fraudulent insurance claim.

Civil Fraud cases – defending

  • Federal Court of NSW defence for former employees sued by multi-national mining company in Federal Court of NSW for alleged misuse of confidential information in breach of contract.
  • Supreme Court defence of company alleged to have induced breach of contract by former employees of plaintiff and misused confidential information.

Professional / Educational

  • Victoria Police
  • Solicitor, Arthur Robinson & Hedderwicks
  • Solictior, Madgwicks Lawyers
  • Secondment to fraud investigation firm in London, Network Security Management Ltd (1997)
  • Certified Fraud Investigators Course, LaTrobe University (1998)
  • Barrister since 2006

Civil prosecutions by Regulators – defending

  • Successfully defended former AWB Ltd executive, Peter Geary following long running Supreme Court of Victoria trial brought by ASIC. ASIC failed to prove breach of ss. 180 & 181 of the Corporations Act 2001 by Mr. Geary during the period when AWB was selling wheat to Iraq under the UN Oil-for-Food program. See ASIC v Flugge, Geary [2016] VSC 779 and on appeal in ASIC v Geary [2018] VSCA 103.
  • Represented large multinational company in plea of guilty to numerous breaches of faulty to comply with s.319 of the Corporations Act 2001.
  • Defence of corporations and director in Federal Court (Qld) ACCC civil prosecution alleging breach of section 52, 53(c), 53(bb) and 60 of the TPA.
  • Defence of liquidator in Federal Court, inquiry sought by ASIC alleging breaches of the Corporations Act.

Criminal – defending

  • Defended director of labour hire firm in complex allegations of tax fraud on the Australian Taxation Office prosecuted by the Commonwealth DPP.
    Defended former Managing Director of Lamborghini Australia (Euro Auto Group) in complex fraud case issued by Victoria Police Major Fraud & Extortion Squad – all charges were dismissed following successful discharge application at Committal Hearing. Costs were awarded against the Chief Commissioner of Victoria Police.
  • Had fraud charges under s.134.2 of the Commonwealth Criminal Code discharged against a client (company director) at the conclusion of a lengthy Committal Hearing.
  • Obtained a jury acquittal for client charged by police with insurance fraud.
  • Defence of client stockbroker charged by ASIC under s.1401A of the Corporations Act.
  • Defended solicitor/accountant charged with fraud under Commonwealth Criminal Code.
  • Advice to client charged with court-side betting at Australian Tennis Open – charges dismissed with costs.

Royal Commissions

  • Metropolitan Ambulance Service Royal Commission
  • 2009 Victorian Bushfires Royal Commission

Some of the law firms

Andrew has worked with

  • Allens Linklaters
  • Corrs Chambers Westgarth Lawyers
  • Cornwall Stodart Lawyers
  • Donaldson Trumble Legal
  • HWL Ebsworth Lawyers
  • Hall & Wilcox
  • Hardwood Andrews Lawyers
  • Galbally Rolfe Solicitors
  • Gadens Lawyers
  • Madgwicks Lawyers
  • Johnson Winter Slattery
  • KHQ Lawyers

  • Middletons Lawyers (now K&L Gates)
  • Millens Lawyers
  • M+K Lawyers
  • Moray & Agnew Lawyers
  • Rigby Cooke Lawyers
  • Robert Richter & Associates
  • Russell Kennedy Lawyers
  • Soho Lawyers
  • Tony Hargreaves & Associates
  • Thomsons Lawyers
  • Holding Redlich
  • Aitken Partners

Public Speaking

Andrew is a regularly sought after speaker, addressing on a wide range of topics on fraud. Some of the organisations Andrew has been spoken at:

  • Arthur Andersen
  • Association of Certified Fraud Examiners
  • Australian Institute of Professional Investigators
  • Deloitte Forensic
  • Ferrier Hodgson
  • Fraud Investigators Course – La Trobe University
  • Gadens Lawyers
  • Grant Thornton Forensic Consulting
  • Hall & Wilcox
  • Harwood Andrews Lawyers
  • HLB Mann Judd

  • HWL Ebsworth Lawyers
  • Law Institute of Victoria
  • Law Society of New South Wales
  • Grant Thornton Forensic Consulting
  • McGrath Nicol Forensic
  • Madgwicks Lawyers
  • Private Healthcare Australia
  • Victoria Police – Economic Crime Course
  • Victoria Police – Detective Training School
  • Victorian Bar

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