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Alysha Tuziak

Senior Associate
+61.3.9640.4302
Fax +61.3.9205.2055

Ms. Tuziak acts in a variety of commercial litigation matters and has particular experience in debt recovery, securities enforcement and corporate and personal insolvency. She advises insolvency firms, major banks, regional banks and other financial institutions on securities enforcement, liquidations and winding up proceedings, and bankruptcy proceedings.

Ms. Tuziak also handles a large number of loan recoveries for banks and other financial institutions who have lent money to investors in failed managed investment schemes. She has also acted in debt recovery proceedings on behalf of large corporations who provide goods to customers on account.

Professional Background

Prior to joining K&L Gates, Ms. Tuziak worked at various Australian law firms in Melbourne and Brisbane. She also spent a few years at the Australian Competition and Consumer Commission (ACCC) within the Enforcement Operations branch.

Professional/Civic Activities

  • Member of the Barristers Animal Welfare Panel

Speaking Engagements

Ms. Tuziak has given various presentations to senior bank employees on 'giving evidence' and the Farm Debt Mediation Act 2011.

Additional Information

Ms. Tuziak is currently completing a Masters of Commercial Law at the University of Melbourne and an Insolvency Education Program with the Australian Restructuring, Insolvency & Turnaround Association (ARITA).

Publications
  • "Deeds of Settlement: Avoiding the Risk of a Default Clause Being Classified as a Penalty," TurksLegal Publication, 2014
  • "Don’t Jump the Gun," regarding enforcement of farm mortgages, TurksLegal Publication, 2012
  • "Mortgagees: Show Me the Money!," TurksLegal Publication, 2011
  • Advising on possession and debt proceedings in Victoria, South Australia and Tasmania on behalf of banks against borrowers and guarantors (both individuals and companies).
  • Dealing with complaints made against banks to the Financial Services Ombudsman.
  • Defending claims of unconscionability made against banks.
  • Advising on recovery proceedings on behalf of banks which involve the Farm Debt Mediation Act 2011.
  • Advising on unsecured debt proceedings, including recovery actions on behalf of receivers against borrowers who invested in failed managed investment schemes such as Great Southern Plantations, Willmott Forests and Gunns Plantations.
  • Advising on bankruptcy proceedings against individuals.
  • Advising on statutory demands and winding up proceedings.
  • Advising on enforcement proceedings, including warrants of possession to obtain possession of properties, installment orders and garnishee orders.
  • Advising businesses on the Privacy Act 1988.
  • Advising on potential breaches of the Competition Law and the Australian Consumer Law, including misleading and deceptive conduct, misrepresentations about and breaches of implied contractual terms, defective goods and the liability of manufacturers and suppliers for such goods and alleged cartel conduct.
  • Advising on several pro bono matters involving the Domestic Animals Act 1994 and breed specific legislation.
  • Investigating alleged contraventions of the Franchising Code of Conduct.