Overview
Richard Spencer is an experienced commercial lawyer and businessman. Educated at Brisbane Grammar School and the University of Queensland, he did articles at Minter Ellison where he worked for a number of years before going to Cooper Grace and Ward.
Since that time, he has been involved in both business and law and has built up a varied commercial litigation and business law practice acting for both commercial and private clients. He also advises upon the structuring and development of start-up businesses to the IPO stage.
Areas of Expertise
Commercial Litigation
Richard has been engaged in a variety of commercial litigation throughout Australian jurisdictions, mainly in the Supreme Court of Queensland and the Federal Court of Australia.
A singular feature has been his involvement as a litigant per se (reflected in some 60 recorded decisions in the superior courts both at first instance and on appeal) giving him unique understanding and perspective unavailable to some. For Richard the risks and vicissitudes of commercial litigation are a lived experience which he applies for the practical benefit of his clients.
A major focus of Richard’s work is within the realm of ‘bet the company’ litigation where financial and reputational stakes are piqued. Review of existing litigation and prosecution of necessary litigation in varying contexts including contract disputes, insolvency, and managed investment contests are fields he engages.
He has conducted negotiations and settlements of shareholder and inter-corporate disputes, and has wide experience in the conduct of formal mediations before leading independent mediators.
Finance and Property Transactions
Richard has been engaged on numerous loan and property transactions for either the lender or the borrower. Usually, those transactions included the giving or taking of security such as mortgages over land and charges over companies.
His clients have included financiers, investors, private lenders, responsible lenders and SMEs. As the founder of GPS Investment in Brisbane and author of Wright books “Private Lending Made Public” he has deep experience in private and asset-based lending.
Commercial and Business Law
Richard’s commercial and business service engagements include action on the sale and purchase of businesses, shares and companies, drawing contracts for shareholder, joint venture and supply agreements, and advising on related aspects of trust law – and as well, a range of complex real estate transactions.
Key Achievements
- Joint venture property developments with Esanda Finance (‘Ithaca Creek’, ‘Oakman Park’ and ‘Central Park Two’)
- Restructure of the Brumby’s Bakeries group after receivership of parent
- Achievement of Responsible Entity status for GPS Investments
- Achievement of UDIA major developer status for the Neolido Group
- Successful resumption compensation claims for the southern landing of ‘Go Between Bridge’
- Resolution by private mediation of the BMD Group/Mio Art 14 years ‘Mango Hill litigation’
Recognition
Richard obtained three degrees in law and economics at the University of Queensland, served as a member of the University Senate as student and then graduate, and served two terms as President of the University of Queensland Union.
Founder/President of the Milton Chamber of Commerce 1990
His professional details include:
Solicitor of the Supreme Court of Queensland and High Court of Australia
Member of the Queensland Law Society since 1985
Practice as a Principal 1987 – 1999 and 2018 – 2022
Foundation member of the Mortgage Lawyers Association of Queensland 1995
Member of the Queensland Law Society Private Lending Standing Committee 1997 – 1999
Member of the Mortgage Industry Association of Australia
Member Queensland Law Society Law Care Committee 2002
