Admitted in 1983, Alan Kornhauser is a very experienced lawyer, who has practised law both as a solicitor and as a barrister.
Alan has extensive experience in handling cases, both large and small. He views the keys to maximising the result as creating a team environment with the client working together to achieve a common goal, proper preparation and a thorough understanding of the facts and circumstances involved, together with effective communication.
He has a vast depth of experience in a broad range of commercial, insurance as well as building and construction matters. These range from domestic building disputes at the Victorian Civil and Administrative Tribunal to multi-party building disputes such as in the Victorian Arts Centre Spire case.
His commercial dispute experience ranges over areas such as franchising, partnership disputes, oppression of minority shareholder actions, trade practices, insolvency, contractual disputes and claims in tort.
One ground setting case he was involved in concerned successfully acting for a plaintiff in a partnership dispute. One of the major issues in Oddy v Fry and Others concerned the calculation of profits that an outgoing partner of a professional firm was entitled to under section 46 of the Victorian Partnership Act 1958 where the remaining partners did not pay him for his share of the firm. It was the first time that such a calculation has been made under this section (which has its counterparts in other Australian states, the United Kingdom and other jurisdictions) by a superior court judge.
Insurance law and disputes have been a significant part of Alan’s practice over much of his career. He has acted for most of the major general insurers in Australia, having an extensive knowledge of the relevant law. Policies in various different classes of insurance were drafted by him for over eight major insurers. In addition to policy drafting and advice, Alan has significant experience in claims handling. He has handled legal and product liability, professional indemnity, commercial property and business interruption, marine and other types of claims.
Although Alan does not currently act for insurers, that vast knowledge and experience is being used to help businesses with their insurance problems. By way of example, Alan acted for a sub-contractor who had a claim made against him. Without his own insurance, Alan was able to locate a policy taken out by the plaintiff builder that covered his client as well. What could have been a financial disaster turned into a scenario where it only cost the client a small excess. Everything else was paid for by the insurer.
Besides mediation, litigation and other dispute resolution, Alan also provides commercial advice in relation to proposed building and other contracts they are seeking to enter into and provides advice on how to ensure that their rights are protected under the contracts.
For more information please contact me.