Andrew Tarnowskyj

Expertise and Practice

Andr ew has wide-ranging experience in complex commercial litigation and arbitration, having acted for clients in disputes in Australia and internationally in respect of breaches of trust and fiduciary duties, large insolvencies, employment matters, fraud, professional negligence and misleading and deceptive conduct.

Andrew also works closely with clients to assist in managing their commercial and contractual risk, advising on regulatory compliance and inquiries, the Personal Property Securities Act 2009 (Cth) and employment matters.

Andrew combines technical excellence, attention to detail and commercial awareness with commitment, persistence and patience which is appreciated by clients and colleagues alike. Andrew has also coordinated the efforts of LK’s City to Bay, Corporate Cup and Corporate Triathlon team over the years. He is a long-term supporter of JusticeNet SA’s Refugee and Asylum Seeker Project.

Andrew commenced at LK in 2015, prior to which he was Associate to the Honourable Justices Sulan and Stanley of the Supreme Court of South Australia for two years. Andrew has a Bachelor of Laws (First Class Honours) from the University of Adelaide and Master of Comparative Laws from the Universities of Adelaide and Mannheim. He is admitted in the Supreme Court of South Australia, the Supreme Court of the Australia Capital Territory and the High Court of Australia.

Project Highlights

CleanFin

Represented a company in a derivative action involving breaches of trust and fiduciary duties by the company’s former directors and seeking an account of profits from the directors’ alter-ego companies as knowing recipients.

Western Desert Resources Liquidation

Represented the liquidators of Western Desert Resources, a collapsed iron ore mining operation in the Northern Territory, with creditors in the order of AU$200 million and subsequent liquidator’s recovery actions including preference and insolvent trading claims exceeding a total of AU$100 million.

HBF Health Limited

Representing HBF Health Limited in proceedings to set aside an uncommercial litigation funding agreement and involving claims for breach of trust against the former liquidators and the litigation funder of a managed investment fund of which HBF was a major beneficiary.

new Royal Adelaide Hospital

Advising and representing the South Australian State Government on various strategic and legal issues concerning defaults, delays and disputes arising out of the AU$2.5 billion public-private partnership arrangements for the design, construction and operation of this major health facility.

Tertiary Institutions

Representing and advising tertiary institutions in a range of sensitive and confidential matters, including complex regulatory investigations, judicial review proceedings, research and workplace misconduct investigations; providing governance and risk management advice including reviews of processes and procedures.

PPSA Matters

Representing and advising a wide range of clients including liquidators, large multi-nationals and auctioneers on a range of matters related to the Personal Property Securities Act 2009 (Cth) including defending claims concerning allegations of breach of the PPSA, advising on proofs of debt and developing procedures and guidelines for registering security interests on the PPSA.

Employment Matters

Representing employers and employees in various employment related matters including workers compensation proceedings, unfair dismissal matters, protection claims and restraints of trade.

Accolade Wines

Represented Accolade Wines in proceedings to recover damages resulting from misleading and deceptive conduct in relation to the supply of mislabeled wine products.

Adelaide Brighton Cement Limited

Represented Adelaide Brighton Cement Limited and Adelaide Brighton Limited in the investigation of an employee’s fraud. LK led the subsequent recovery proceedings against the impugned customer and employee, resulting in recoveries of more than $8 million. LK also liaised with SA Police and its Serious and Organized Financial Crime Investigation in connection with related criminal proceedings.

Platinum Partners Feeder Funds

Represented the liquidators of the Platinum Partners Value Arbitrage Feeder Funds including investigations and litigation in the United States and Cayman Islands. The Feeder Funds collapsed in 2016 owing nearly US$500 million to investors.

The Kingate Funds

Represented the liquidators of the Kingate Funds, the second-largest of the Madoff “feeder funds”, including investigations and litigation in Bermuda and the United States in relation to the audit of the Kingate Funds.

Publications

Rethinking Universities’ Foreign Interference Obligations: Lessons from the High Court

Australian Universities Review Vol. 64, No. 2 — Matt Simpson and Andrew Tarnowskyj (2022)

Take it or leave it?: The High Court interprets the meaning of “give possession” under the Cape Town Convention and Aircraft Protocol

Insolvency Law Bulletin Vol. 22 No. 1/2 — Andrew Tarnowskyj and Mark Giddings (2022)

Councils Take Airport “Matter” into their Own Hands

LK Insights (2022)

Court of Appeal Takes a Hard Look in the Mirror: the Policy Behind Reflective Loss

LK Insights — Andrew Tarnowskyj and Seamus Brand (2019)