• 03 8547 1047
  • info@patrickassociates.com.au

Fraud and Cyber Crime

Fraud and cyber crime requires immediate action

We have achieved excellent outcomes acting for those affected by fraudulent transactions, but it requires immediately action

If you are affected by fraud, we recommend taking the following actions immediately:

  • Contact your bank to freeze your accounts and to commence recovery of any funds taken.
  • Contact the police and ACORN to report the crime. The police are unlikely to be in a position to take action quickly, so while it is important to report the crime, you will still need to take civil action.
  • Contact a lawyer to commence legal proceedings either in Australia or the country where the funds were sent to.
  • Notify your insurer (if you have one) of the loss.

We work with a network of specialist operators in this area, including forensic information technology specialists, barristers and private investigators.

Civil litigation

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.

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
RECENT CASES

We have been involved in the following fraud cases recently:

  • The largest ever award of punitive damages for case involving the fraudulent transfer of properties in the Czech Republic
  • Favourable early settlement of Supreme Court claim for the victim of a $2 million cyber fraud, including recovery of funds from overseas.
  • Successfully identifying and closing a copycat business fraudulently impersonating a recruitment company.
  • Successful settlement of a claim regarding the fraudulent removal of a caveat.
  • Obtained judgment for a client against his insurance company after the insurance company refused to indemnify for the loss.
  • Successfully defending a client who had paid funds to a third party, when those funds were diverted by a phishing scam.

No posts found.

Contact Us
close slider