Gavin Stuart

Gavin leads Bartier Perry’s Dispute Resolution & Advisory team and brings over 25 years of experience in commercial litigation and dispute resolution. He is known for his strategic approach to resolving complex disputes efficiently, often helping clients avoid prolonged litigation through negotiation and mediation.

Gavin has extensive experience representing clients in the Supreme Court of NSW, the Federal Court of Australia, and various specialist tribunals. His practice spans a broad range of commercial matters, including:

• Insolvency and restructuring

• Banking, finance and funds

• Real property disputes

• Intellectual property

• Corporations issues and directors duties

• Partnership, shareholder, investor and joint venture disputes  

• Fraud & Corruption

As a Certified Fraud Examiner, Gavin is the leader of Bartier Perry’s Fraud & Corruption practice. He regularly advises clients on internal and external threats including employee fraud, cyber incidents, and institutional corruption. His expertise covers governance, directors’ duties, internal controls, investigations, reputational management, and asset recovery.

Gavin is the advisor and relationship lead for Bartier Perry’s largest commercial client who operates in the financial services sector. His deep understanding of his clients’ businesses and strategic priorities has earned him a position of trust and influence, enabling him to guide a team delivering end-to-end legal support across credit arrangements, debt recovery and secured asset management involving real estate, motor vehicles and plant & equipment.

He is passionate about optimising commercial outcomes for his clients, guiding them through disputes involving partnerships, shareholders, investors, and joint ventures to reach resolution and move forward with confidence.

Gavin also has experience in cross-border disputes involving jurisdictions such as England, New Zealand, India, and the USA and has participated in both institutional and ad hoc international arbitrations.

His expertise has been recognised through multiple accolades, including being named a finalist in the Lawyers Weekly Partner of the Year Awards (Dispute Resolution & Litigation) and winning Mentor of the Year in 2023. Gavin’s clients include listed entities, large private companies, State Owned Corporations, Statutory Bodies, and numerous Local Government authorities.

 

What Gavin’s clients say

"Gavin applies the law effortlessly, but perhaps even more importantly, understands the commercial reality behind each legal matter. He is often innovative, considers different options and articulates clearly whether options are feasible or not." Pieter DeGunst, Managing Director, Tecala Group

"Gavin is very easy to work with. He communicates concisely and clearly and sets reasonable expectations both about what can be achieved legally and when it comes to timelines and delivery. His ability to comprehend a problem and work through the possible options and scenarios makes it easier to make clear decisions and give back directions. He is also a skilled negotiator and has helped us resolve our disputes quickly and favourably". - Luka Vulic, Director, S4B

 

Qualifications/Memberships

• Bachelor of Science/Bachelor of Laws (University of Technology Sydney)

• Association of Certified Fraud Examiners

• Graduate of Australian Institute of Company Directors

• Licensing Executives Society of Australia and New Zealand 

• Commercial Law Association

• Communications and Media Law Association

• Intellectual Property Society of Australia and New Zealand

• Law Society of NSW

 

A word from Gavin

"Business disputes can be both financially and emotionally draining. I take a pragmatic approach to problem-solving, working closely with clients to dissect complex issues and implement strategies that minimise disruption and deliver optimal outcomes.

This involves understanding the regulatory and commercial environment, forward thinking and being acutely attuned to all stakeholder behavioural aspects and likely responses during high pressure situations."

 

Career highlights

• Winner of the Lawyers Weekly Mentor of the Year award 2023.

• Leading the firm's Fraud & Corruption team.

• Successfully defending a class action in the Federal Court and High Court. The claim was brought by landowners who alleged our client was trying to avoid the Constitution through misrepresentations and conspiracy with the Commonwealth.

• Assisting a local veterinary pharmaceutical manufacturer to defend and settle proceedings brought by a US-based pharmaceutical company for breach of a distribution agreement. Gavin also helped the same client prosecute claims against a US-based contract manufacturer for patent infringement and breach of confidence and trade secrets.

• Acting for a co-trustee who was an employee of a global property services company appointed under the Real Property Act and Trustee Act by the court on the application of stakeholders of a going concern hotel/pub worth upwards of AUD$60 million arising from a shareholder/unitholder dispute and involving real property and business undertaking vesting, trustee sale and transaction support, assistance with management of proceeds of sale, tax and distribution considerations.

• Co-authoring the Litigation chapter of the text “Social Media and the Law” published by LexisNexis, now in its second edition.

 

Specific areas of focus

• Partnership, shareholder, investor and joint venture disputes including oppression claims

• Commercial contract disputes and procurement

• Defamation and redress for attacks on business entities and unlawful online conduct

• Corporations issues and directors/fiduciary duties

• Trusts matters including judicial advice applications and regularising trust arrangements

• Enforcing restraints and non-competition clauses

• Competition and regulatory issues including ASIC investigations and hearings

• Government inquiries

• Copyright, trademark, patent and confidential information disputes

• Financial services and tax disputes

• Securities advice and enforcement regarding real and personal property

• Real property disputes

• Insolvency and debt recovery

• Risk minimisation and asset protection advice

• Insurance related claims and policy coverage disputes

• Fraud & Corruption