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Civil Claims

Asset Misappropriation

Are you about to report fraud? Andrew Tragardh is a civil fraud barrister and fraud lawyer in Melbourne who has had an excellent reputation for assisting victims of fraud to recover their misappropriated assets.

In most cases, a civil fraud claim can be commenced in Court within a few days of you engaging a lawyer. Civil action can include obtaining an injunction freezing the fraudsters assets (Freezing Orders), an injunction requiring the fraudster and others to allow your legal team to enter premises, seize items and image computers, iPads and smartphones (Search Orders) and an injunction preventing the fraudster from leaving Australia. These injunctions are usually made by the Court in the absence of the fraudster before they even know you have started a case against them. Little wonder they have been called the lawyers nuclear weapons.

Civil claims take many different forms and may include the following:

  • Forgery
  • Fraudulent misrepresentation
  • Inducing breach of contract
  • Insurance fraud
  • Knowing or unconscionable receipt
  • Preference payments
  • Theft of intellectual property, confidential information (e.g. customer lists)
  • Transactions at undervalue
  • Transactions defrauding creditors
  • Breach of confidence
  • Breach of contract
  • Breach of fiduciary duty (by business partner, co-director, accountant, trustee etc)
  • Bribery
  • Conspiracy
  • Constructive trusts
  • Conversion
  • “Cooking the books”
  • Deceit
  • Dishonest assistance
  • Employee fraud

Pre-emptive relief

  • Freezing orders
  • Search orders
  • Injunctions

Andrew’s Past 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 defendant’s 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.
  • Obtained freezing order against assets of person engaged in online dating fraud – whose identity was initially unknown but discovered following a successful investigation

If you need to report asset misappropriation fraud for civil claims, Andrew has a successful history in misappropriation of assets cases. Alternatively, if you are accused of fraud charges and in need of a criminal defence lawyer experienced in defending fraud charges, Andrew is also the white collar crime lawyer for your criminal fraud needs.

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Liability Limited under Professional Standards legislation.

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