Peter Britten-Jones

Peter Britten-Jones

Contact

T +61 8 8205 2966
F +61 8 8212 6590
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Admitted

1994

Signed Bar Roll

2006

Academic Qualifications

LLB, University of Adelaide
LLM (Corporate & Commercial)
BEc

Areas of Practice

  • Civil Litigation
    • Judicial review of administrative actions
    • Professional Liability Law
    • Trusts
    • Wills and Estates
  • Commercial Litigation
    • Banking Finance & Securities Law
    • Commercial Law - General
    • Consumer Protection and Credit Law
    • Corporations and Securities Law
    • Equity
    • Insolvency, Bankruptcy and Liquidation Law
    • Intellectual Property Law
    • Landlord and Tenant
    • Occupational Health and Safety Law
    • Product Liability Law
    • Property Conveyancing Law
    • Trade Practices and Competition Law

Professional Experience

1993 Associate to Justice Matheson, Supreme Court of South Australia
1994 - 1997 Barratt Lindquist
1997 - 1999 Fisher Jeffries
1999 - 2006 Cowell Clarke (Partner)

Peter is an experienced commercial litigator and has appeared as Counsel in the Federal, Supreme, District and Magistrates Courts. Particular interests are property, insolvency and bankruptcy, trade practices and corporate law.

Peter has presented several papers at the Law Society on topics including unconscionability, property, insolvency and the Trade Practices Act.

Recent Litigation:                  

  • Acquista Investments v The Urban Renewal Authority [2014] SASC 206 – administrative law – acting as junior counsel for purchaser of Gillman land – appeal to Full Court.

  • Moore Stephens Adelaide Pty Ltd v WYKA Consulting Pty Ltd (No 3) [2015] SADC 4 – restraint of trade – acting for accountancy practice seeking to impose restraint of trade on an ex-consultant – appeal to Full Court.

  • Zeitouneh v SA Police [2015] SADC 34 – administrative law – acting for appellant in an application under the Freedom of Information Act, 1991. 

  • Divitkos, In the matter of ExDVD Pty Ltd (in liquidation) [2014] FCA 696 – receivers – acting for Commonwealth Bank of Australia in a claim for subrogration.

  • Rasch Nominees Pty Ltd v Bartholomaeus [2013] SASCFC 23 – real property – acting as junior counsel for purchaser of land in dispute with holder of option.

  • Davies v Apted [2013] SASCFC 92 – contract – acting for defendant denying liability for a loan

  • Cooper v Pretty Nominees Pty Ltd (No 2) [2013] SADC 75 – preference claim – acting for defendant to a claim by a liquidator.

  • Naudi, Trustee of Taylor v PeeVee Nominees Pty Ltd [2013] FCA 536 – costs – acting for bankruptcy trustee in Federal Court litigation. 

  • Kraguljac v A&B Property Developments Pty Ltd (No 2) [2012] SASC 1 – real estate contract – acting for defendant to claim for breach of contract.

  • Deputy Commissioner of Taxation v Commercial & General Law (SA) Pty Ltd [2011] FCA 1269 – insolvency – acting for Deputy Commissioner of Taxation on an application for review of power by Registrar in the Federal Court.

  • Jones v Superannuation Complaints Tribunal [2011] FCA 1255 – administrative law – acting for Statewide Superannuation Pty Ltd in dispute regarding service under section 14(3) of the Superannuation (Resolution of Complaints) Act, 1993.

  • Jebsens International (Australia) Pty Ltd v Interfert Australia Pty Ltd [2012] SASC 50 – arbitration – shipping and navigation – acting as junior counsel for plaintiff alleging breach of charter party agreement.

  • Deputy Commissioner of Taxation v Marro (SA) Pty Ltd [2011] FCA 1024 – winding up – acting for Deputy Commissioner of Taxation defending an application to set aside a winding up order.

  • Khuu & Lee Pty Ltd v Corporation of the City of Adelaide [2011] SASCFC – administrative law – landlord and tenant – acting for council in lease dispute at Central Market – appeared as junior counsel in High Court Special Leave Application. 

Recent Pro Bono

Work for JusticeNet:              

  • Arruzzolo v Westpac – claim in Supreme Court to discharge guarantees (2014)

  • Jung v Hill – residential property dispute in District Court (2014)

  • Petrenko v Tsiplakidis – property dispute in District Court under Domestic Partners Property Act, 1996 (2015)

Papers and Seminars Delivered:                              

  • “A Public Policy Approach to Litigation Funding” published in the Insolvency Law Journal, June 2000

  • “The Modern Doctrine of Estoppel” Law Society Seminar, 4 October 2006

  • “The High Court decision in Black v Garnock” Law Society Seminar, 24 June 2009

  • “Recent case law in retail and commercial leasing” Law Society Seminar, 15 October 2008

  •  “Landlord issues” Law Society Seminar, 18 February 2010

  • “Statutory Demands” SA Bar Association Seminar, 17 May 2011

  • “Retail and Commercial Leasing traps and pitfalls” Law Society Seminar, 8 June 2011

  • “Unconscionability in commercial leasing” Legalwise Seminar, 29 February 2012

  • “Property case law update” Law Society Seminar, 14 February 2013

  • “Application of the Retail & Commercial Leases Act” Law Society Seminar, 6 February 2014

  • “Leasing in a downturn market” Legalwise Seminar, 20 November 2014