Tarrek Naji

Tarrek is a Commercial Litigation and Dispute Resolution solicitor at McLachlan Thorpe Partners and was appointed as a partner in 2021.

In the course of his practice, Tarrek has represented a range of clients and has developed a broad practice. He has knowledge and experience in matters involving:

• Building and construction disputes;
• Bankruptcy and Insolvency;
• Complex commercial and corporate disputes, including enforcing contractual, statutory and equitable rights;
• Debt recovery and enforcement of securities;
• Disciplinary matters;
• Defamation;
• Equity and Trusts disputes;
• Employment disputes, with a focus on enforcing and defending restraints of trade;
• Trade practices, including claims under the Australian Consumer Law.

Tarrek applies his commercial acumen to all matters in order to achieve commercial results for clients. In that respect, he is experienced in all forms of alternative dispute resolution including mediation, arbitration and expert determination.

Experience

• Bankruptcy and Insolvency
  Acting for creditors in a number of winding up proceedings, including, for the failure to comply with a Creditor’s Statutory Demand for Payment of Debt.
  Acting for creditors in a number of proceedings for sequestration orders against Debtors for the failure to comply with a bankruptcy notice.

• Building and Construction
  Acting for homeowners in claims against builders for defective residential building works, including builders that are unlicensed and uninsured.
  Acting for builders in defending claims by homeowners and claims seeking payment from homeowners for unpaid work.
  Acting for applicants and respondents in a number of adjudications under the Building and Construction Industry Security Of Payment Act 1999 (NSW) and proceedings arising out of adjudications.

• Contractual Disputes
  Acting for a couple in successfully enforcing a contested personal guarantee, including successfully resisting 3 separate, but related, appeals.
  Acting for a plaintiff in successfully enforcing a contested loan agreement between brothers.

• Defamation
  Acting for a plaintiff in an action to restrain the publication of material obtained as a result of a trespass.
  Acting for a social media personalities in resolving defamation matters by way of commercial settlement.

• Equity
  Acting for defendants in a claim alleging breaches of contractual post-employment restraints, statutory and fiduciary duties, in which Tarrek was instrumental in negotiating a commercial settlement.
  Acting for plaintiffs in a claim against former employees and consultants regarding breaches of contractual restraints, statutory duties, and fiduciary duties.

Qualifications

Tarrek holds a Bachelor of Laws (University of Western Sydney) and is currently completing
a Master of Laws at the University of Sydney. Tarrek is fluent in Arabic.