Caitlin Connole Caitlin Connole

Caitlin Connole

Senior Associate Disputes & Insolvency | Brisbane
07 3231 0409 cconnole@mcw.com.au Download vCard

Caitlin is a Senior Associate in the McInnes Wilson Layers Disputes & Insolvency team.

Caitlin is able to draw upon her experience and expertise in taxation litigation, commercial litigation, franchise litigation, and insolvency in order to deliver technical advice to clients. She has a proven track record of providing successful outcomes to clients in a commercial matter, and is well received by clients and colleagues alike. With an international background and certifications in Australia as well as England and Wales, Caitlin is confident in her ability to support clients in a wide range of matters within corporate recovery and dispute resolution.

Caitlin is proactive and responsive to the client’s needs

Caitlin's Qualifications

  • Bachelor of Laws, Bond University
  • Solicitor of the Supreme Court of Queensland, High Court of Australia and Supreme Court of England & Wales

Caitlin's Expertise

  • Taxation litigation
  • Commercial litigation
  • Franchising
  • Insolvency

Caitlin's Leadership

  • Member, Queensland Law Society

Caitlin's Recent Experience

Area of Expertise

Area of Expertise

Taxation Litigation

Work Undertaken

Acting on behalf of the Commissioner in appeal proceedings brought by the taxpayer in the Federal Court. The matter involved a dispute concerning whether or not the taxpayer was carrying on a business of primary production and whether the Tribunal applied the correct test under s8-1 or Division 35 of the ITAA 1997. The appeal was dismissed and costs awarded. The taxpayer subsequently appealed to the Full Federal Court and that appeal was again dismissed and costs awarded. Ultimately the taxpayer filed a special leave application however this was
dismissed by the High Court.

Area of Expertise

Area of Expertise

Commercial Litigation

Work Undertaken

Acting for MIS Funding No. 1 Pty Ltd (a subsidiary of CBA) as lender to a series of agricultural managed investment schemes in recovering its loan book after a collapse of the schemes and default by the borrowers including:

  • Commencing and defending proceedings in Supreme, District and Magistrate Courts of Queensland; and
  • Enforcing judgments whilst simultaneously managing potential issues relating to a threatened class national action.

Area of Expertise

Area of Expertise

Franchise Litigation

Work Undertaken

Acting for Express Mobile Services Australia Pty Ltd, the Head Franchisor, and five other master franchisees, in the Federal Court of Australia to defend claims brought by 12 ex-franchisees alleging misleading and deceptive conduct. Ultimately the matter resolved prior to trial with consent orders being made.

Area of Expertise

Area of Expertise

Insolvency

Work Undertaken

Acting for receivers and managers of a high worth grazing business in relation to enforcement of the creditors securities including sale of assets and the negotiation of rights and resolution of disputes with various stakeholders.

Caitlin's recent publications

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  1. Franchisors Beware– The ACCC Has You in Their Sights

    31 Jul 2018

    The Australian Competition & Consumer Commission (ACCC) is set to continue cracking down on franchisor misconduct in 2018, following a high volume of complaints made by small businesses last year. In 2017 the ACCC pursued five enforcement actions for...

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  2. Is your Franchise Agreement unfair?

    10 Oct 2016

    From 12 November 2016, the amendments to the Unfair Contract Terms regime in the Australian Consumer Law will commence, protecting small businesses from unfair terms in standard form contracts. You may be wondering if these changes will affect your...

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  3. Franchisor’s obligations when setting marketing strategies

    29 Apr 2016

    Diab Pty Ltd v YUM! Restaurants Australia Pty Ltd [2016] FCA 43 Representative proceedings were commenced by a Pizza Hut franchisee, Diab Pty Ltd, (Franchisee) on behalf of all (apart from 11) Australian franchises, against the franchisor of the Pizza Hut...

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