Susan Ougham

Overview

Susan Ougham is an experienced litigation and dispute lawyer.

For more than 25 years Susan has run diverse civil and commercial litigation cases on behalf of her clients. She has worked with a major professional negligence practice in Sydney, an award-winning specialist insurance law firm with offices in Sydney, Melbourne and Brisbane, two boutique city practices conducting plaintiff commercial litigation matters and, for a decade, with Skinner & Associates in Albury handling their major litigation matters.

She brings to her client’s cases know-how, a hard-working competency and negotiation skills. Susan has a clear-sighted, ‘cut-to-the-chase’ attitude to the matters she conducts.

Areas of expertise

Rural Commercial Litigation

Susan’s clients look to her to provide legal and mediation services for local retail businesses, builders, property developers, local councils and rural landholders. She provides early strategic advice, an important part of which is preparing for prompt dispute resolution, and conducts court-based matters.

Her experience includes:

• Acting for local councils and private clients in disputes in the Local Court, District Court and the Supreme Court in New South Wales; and the Magistrates Court, County Court and Supreme Court in Victoria
• Acting in disputes over property, building contracts, rural and commercial conveyancing; debt recovery, insolvency issues, wills and probate disputes including family provision claims, contractual disputes, negligence and other tortious claims
• Land & Environment and Supreme Court dispute over water entitlements including making representations to the Minister on Water Management Act 2000
• Acting for Bankruptcy Trustees and Liquidators.

Indemnity Insurance Litigation

Susan’s very particular experience in this field lay in:

• acting for insurers in relation to multi-million dollar subrogated recovery actions in the Commercial List of the NSW Supreme Court
• acting for various insurers and private companies (in respect of the uninsured component of claims) in a diverse range of recovery actions in the Supreme Court and District Court of NSW and the District Court of South Australia
• acting for solicitors and their professional indemnity insurer in the defence of numerous professional negligence claims arising from a broad spectrum of matters such as mortgage advice, leasing and conveyancing files
• acting for valuers and their professional indemnity insurer in the defence of professional negligence claims arising from both valuation claims and property management roles.

The matters in her practice covered a diverse range of issues such as a fire at a shopping centre, the incorrect collection of Land Tax by a managing agent and problems arising from design & construct contracts.

Professional Negligence Litigation

Susan worked for a firm entrusted with the defence of contested professional negligence claims. She gained experience:

• Acting for a professional indemnity insurer in a large number of matters, in all jurisdictions
• Acting for private clients, including large property developers, in a range of commercial matters in all jurisdictions.

Key Achievements

Select examples of Susan’s litigation experience include:

• Running through to hearing a complex and multi-faceted family farm (fine wool and cropping) Supreme Court Equity Corporations List case involving the receivership of the trading partnership, Part 20 Reference and minority sharholder oppression issues involving the three family companies
  • Ian Allan Byrne v A J Byrne Pty Ltd [2012] NSWSC 667
• Plaintiff litigation matters, reported:
  • RJ & M Bezzina Pty Ltd v Saxby Bridge Mortgages Pty Ltd – BC200403863 – acted for the plaintiff, RJ & M Bezzina Pty Ltd
  • Massey (t/as Massey Bailey Solicitors and Consultants) v Wales – BC200304485 – acted for the plaintiff Massey Bailey Lawyers
• Commercial litigation matters, reported:
  • Walker (In his capacity as Receiver & Manager of Galaxy Media Pty Ltd (Receiver & Manager Apptd) (In Liquidation) v Andrew – BC20023990 – acted for Mr Andrew the Liquidator of Galaxy Media Pty Ltd.
  • Liristis Holdings Pty Ltd v Wallville Pty Ltd – BC200106609 and related matters – acted for the defendant, Wallville Pty Ltd
  • Central Management Holdings Pty Ltd v Nauru Phosphate Royalties Trust – BC200107253 – Acted for the plaintiff, Central Management Holdings Pty Ltd
  • Lakatoi Universal Pty Ltd v LA Walker & others [2000] NSWSC 561 and many related matters – acted for Mr Lang Walker and his companies.
  • Synergy Concepts Pty Ltd v Rylegrove Pty Ltd (In Liquidation) (1997) BPR 15,555 and many related unreported judgments – acted for the Liquidator of Rylegrove Pty Ltd.
  • Martin v Australian Squash Club Pty & Ors – BC9600231 – acted for the plaintiff, Mr Martin.
• Conduct of discovery and collation of damages evidence for a multi-million dollar Federal Court loss of opportunity claim involving patents and allegations of fraud
• Conduct of a Federal Court case for theft of copyright, passing off and breach of employment terms, including discovery, collation of documentary evidence and initial proofs of witnesses
• Managing complex multiparty Commercial List Supreme Court proceedings and preparing matters for hearing
• Resolving, without the need for trial, significant matters which had previously reached stalemate.

Qualifications

Susan was awarded a Bachelor of Laws (LLB) from the University of Technology, Sydney in 1994 and was admitted to practice that same year. She is admitted to practice in both NSW State and Australian Federal jurisdictions.