Andrew Tragardh Barrister-at-law

MY MISSION

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I am a Barrister who specialises in fraud. My mission is to provide timely, cost effective, practical and helpful advice to all clients, whether they be large multi-national corporations or private individuals. I am regularly engaged to represent victims of fraud and also suspected perpetrators of fraud. I am available to provide advice and/or appear in Court in any State or Territory of Australia.

PROFESSIONAL MEMBERSHIPS

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- Victorian Bar
- Commercial Bar Association
- Criminal Bar Association
- Australian Institute of Professional Investigators
- Certified Fraud Examiners (Melbourne Chapter)

QUALIFICATIONS

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- Bachelor of Arts (Monash University, 1992)
- Bachelor of Laws (Monash University, 1994)
- Graduate Certificate in Fraud Investigation (La Trobe University, 1998)
- Graduate Diploma in Law (Monash University, 2008)

CONFISCATION ACT MATTERS

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In the matter of England – I drafted the court documents and appeared at the County Court of Victoria for the spouse of convicted fraudster (former Managing Director of Auto Group Limited (in liq.) seeking that property held in the name of her spouse be excluded from forfeiture as it was held for her under a constructive trust.

In the matter of Lang – I gave advice to a convicted drug trafficker in relation to automatic forfeiture of his home under the Confiscation Act 1997 and negotiating a settlement with the Asset Confiscation Office.

TRADE SECRETS / RESTRAINT OF TRADE

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These are a sample of some of the significant fraud matters I have been involved with where former employees are alleged to have stolen trade secrets/confidential information and taken them to rival business competitors:

Metso Minerals (Australia) Pty Ltd & Anor v. Kalra & Ors – defending a claim by Metso in the Federal Court in Sydney against two former employees and a consultant alleging misuse of trade secrets/confidential information. I appeared in the Federal Court on several occasions and gave advice in relation to defence strategy and response after search orders were executed on the respondents’ homes and business premises.

J&B Sales v. Kilpatrick –I was engaged by J&B Sales after they discovered that three former employees had set up business in competition (breaching restraint of trade terms in their contracts of employment), misappropriated company property and sought to terminate my client’s valuable exclusive distribution contract with a foreign supplier. I assisted J&B with the issuing of Supreme Court of Victoria proceedings against the rogue employees and their new company, which included obtaining an order freezing the defendants’ assets and executing search orders on their homes and business (including imaging all their computers). The case settled quickly after the injunctions were obtained.

Michaels Camera Stores v. Genius

INSURANCE FRAUD

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Tsoutsoulis v. IMA (RACV Insurance) –I acted for a brother and sister who owned an investment property in a northern suburb of Melbourne, which was destroyed by fire shortly after a tenant vacated. RACV Insurance refused to indemnify them under a contract of insurance, alleging my clients (or someone acting on their instructions) deliberately lit the fire and they attempted to make a fraudulent claim. I assisted my clients in dealings with the police. No charges were laid. I also issued on behalf of my clients legal proceedings in the County Court of Victoria against their insurer. The case went to trial. Judgement was ordered in favour of my clients and the insurer was ordered to pay the full amount of their claim plus costs and interest.

ROYAL COMMISSION

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Metropolitan Ambulance Royal Commission (2000-2001) - I acted for Don Cameron, the 2IC at MAS. At the beginning of the Royal Commission, Mr. Cameron was alleged to have been one of the key suspects in various matters. After lengthy hearings Commissioner Lex Lazry made no adverse finding against Mr. Cameron.

REPRESENTING VICTIMS OF FRAUD

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These are a sample of some of the significant fraud matters I have been involved with where I have acted for victims of fraud:

O’Sullivan Furniture Inc. v. Askew – my client, a large US company (manufacturer of furniture) had been defrauded by the managing director of its Australian subsidiary. Allegations included breach of fiduciary duty and misappropriation of substantial sums of money. After supervising a covert investigation I issued legal proceedings in the Supreme Court of Victoria, which included asset freezing and search orders/injunctions. Upon settlement of the civil proceeding I liaised with the Major Fraud Group of Victoria Police and the fraudster was ultimately jailed.

Deniliquin Freighters v. Lawson – my client, a substantial transport company based in Deniliquin, NSW, had been defrauded by its Finance Director. After supervising the investigation into the fraud, I issued legal proceedings for my client in the Supreme Court of New South Wales. Allegations included breach of fiduciary duty and misappropriation of substantial sums of money. I liaised with the Managing Director and the forensic investigator (Shane Ringin, Proactive Strategies) during a covert investigation and then successfully obtained asset freezing and search orders/injunctions. Upon settlement of the civil proceeding I liaised with detectives from the NSW police and the fraudster was ultimately jailed.

Apex Electrical v. Arsen & Westpac

Local Mix Concrete v. Di Sieno

The Over 50’s Friendly Society v. Doublet & National Australia Bank

MY BACKGROUND

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IN THE POLICE

Before becoming a lawyer some 14 years ago I was a police officer in the Victoria Police. During my time as a police officer I gained a valuable understanding of investigation method, evidence gathering and interviewing techniques and experience of police culture.

LIFE AS A SOLICITOR

After graduating with a law degree from Monash University I was employed by Arthur Robinson & Hedderwicks, a prestigious national firm (now known as Allens Arthur Robinson), arguably Australia’s pre-eminent law firm, with “blue chip” clients including BHP, Shell and Westpac. There I completed my Articles of Clerkship under Tony Kuhn, a partner in the Litigation section.

As a litigation lawyer I mainly worked on large and long running commercial disputes usually working with several other lawyers in a team led by one or more partners. Whilst I enjoyed the experience and had first class training, I was itching to run my own cases and test my abilities. So in 1996 I moved to Madgwicks Lawyers.

Madgwicks is a medium sized firm with a strong insolvency practice. When I moved there in 1996 the firm was acting for the liquidator of the Pyramid Building Society after it collapsed with debts in excess of AUD 2 billion. Peter Kennedy was the partner to whom I reported to and he gave me plenty of freedom to run my own files – you could say I was thrown off the deep end! I am grateful to Peter because he trusted my abilities and let me run cases according to my own judgment yet was always available for sound advice when needed. I learnt a great deal very quickly.

I am also grateful to Madgwicks because in 1997 the firm approved my request to be seconded to a fraud investigation firm, Network Security Management Ltd, in London England. Peter Kennedy had previously encouraged me to develop a specialisation in fraud law as it was an area, particularly given my background, to which he said I was well suited. Whilst on secondment I worked with investigators and lawyers involved in the investigation of large scale commercial fraud cases, often involving tracing of assets through foreign jurisdictions. Upon my return from secondment, I completed a Graduate Certificate in Fraud Investigation at La Trobe University (and came top of the class).

In February 2000 I left Madgwicks, having applied to become a barrister and join the Victorian Bar. In the period before the Bar Readers’ Course was to start I was asked to represent a significant party in the Metropolitan Ambulance Service Royal Commission. I agreed to do so and commenced working as a sole practitioner. Little was I to know that the Royal Commission would continue unexpectedly for 18 months and by the end of it, I had lost my place in the Bar Readers’ course but had also found myself running a successful legal practice, which I called Tragardh Lawyers. A significant part of my work involved assisting large forensic accounting firms, such as Price Waterhouse Coopers and Deloitte with fraud cases.

After 6 years of running my own legal firm, I realised that my dream of becoming a barrister would not eventuate unless I took what some considered the drastic action of walking away from what was a successful and profitable business. In September 2006 I therefore commenced the Victorian Bar Readers’ Course, following handing over all my commercial matters to Gadens Lawyers, and my criminal matters to Matthew White & Associates. At the same time I was the proud new father of twins and was half way through a Masters in Law.

I completed the Victorian Bar Readers’ Course and was proud to sign the Roll of Counsel on 9 November 2006.

Since becoming a barrister I have had a busy and broad practice.

TESTIMONIALS

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