I practice in a wide range of commercial litigation matters. I am an accomplished pleader and have experience in all facets of interlocutory and trial work. I appear in the Supreme Court of Victoria, the County Court of Victoria and on occasions in major Magistrate Court matters. I also appear in the Federal Court of Australia and at the VCAT. I have an interest in Alternative Dispute Resolution and am a Nationally Accredited Mediator. I have acted as mediator in numerous mediations.
My major areas of practice may be summarised as follows:
Commercial Law: I have a broad range of experience in the following areas: • contract law: construction of contracts, claims for breach of contract and the application of vitiating factors; • trade practices: misleading and deceptive conduct, unconscionability and aiding and abetting; • property law: sale and purchase, leases, mortgages, priorities, adverse possession and misleading and deceptive conduct; • product liability;• guarantees: enforceability, charges, indemnity; • equity; • trusts; • partnerships; and• restraint of trade.
Banking and Finance: • claims for possession; • removal of caveats; • orders for judicial sale based on equitable mortgages; • claims for subrogation; • claims on guarantees; • Banking Code of Practice; • National Credit Code
Areas of Mediation include: • banking and finance • goods sold and delivered • work and labour done • partnership disputes • liquidators preference claims • franchise disputes • restraint of trade disputes • loan agreement disputes • property law claims • equitable claims • trust claims • insurance • torts • contracts.
Corporations Law: • statutory duties of directors and officers (including fiduciary duties); • shareholders’ minority oppression actions.
Professional Negligence/Insurance: In this field I have a broad range of experience in professional indemnity and insurance cases. These cases have dealt with a wide range of professional disciplines including: solicitors, accountants, stock brokers, insurance brokers, estate agents and architects. I have also conducted a number of insurance cases and have acted and advised on the construction of numerous insurance policies and claims in respect of: property damage (fire, storm and other causative events); business interruption claims and income protection claims.
MAJOR MATTERS
Various matters in which I have undertaken work and/or appeared since 2012 include the following:
- Counsel for plaintiff (lessee) in Masters Home Improvement Australia Pty Ltd v Aventus Cranbourne Thompsons Row Pty Ltd [2019] VSC 428 (led by Mr. J. Peters QC and with Mr. A. J. Bailey) (Tenant seeking to sub-lease parts of leased premises; landlord withholding consent; whether the landlord is entitled to withhold consent on the basis of prejudice to its commercial proprietary interests) (On appeal)
- Counsel for plaintiff (lender) in Westpac Banking Corporation v Wyndham Lock Pty Ltd (2018-2019) (Mortgage; recovery possession; code of banking practice)
- Counsel for plaintiff in Ubertas Funds Management Pty Ltd v PricewaterhouseCoopers (A firm) (led by Mr. T. North QC and with Mr. J. Ruffles) (2017-2019) (Breach of retainer; breach of fiduciary duties and conflict of interest: Supreme Court of Victoria)
- Counsel for defendants in Ewart and Anor v S. L. Ewart & Ors (2017-2019) (led by Mr. T. North QC) (Constructive trust; property: Supreme Court of Victoria)
- Counsel for plaintiffs (lenders) in Mydell Falls Pty Ltd & Ors v Ronayne Owens Lawyers Pty Ltd (2019 – present) (Solicitor; breach of retainer; breach of fiduciary duties: County Court of Victoria)
- Counsel for plaintiff (lessor) in Ubertas 350 William Street Pty Ltd v MH Management (Vic) Pty Ltd & Ors (2018 – 2019) (led by Mr. T. North QC) (Rent review determination: Supreme Court of Victoria)
- Counsel for plaintiff (lender) in Permanent Mortgages Pty Ltd v Gregory & Ors (2018) (Application to remove caveats: Supreme Court of Victoria)
- Counsel for defendant (lender) in Snowball and Anor v Capital Securities XVII Pty Ltd [2018] VSC 588 (Application for stay of execution of warrant of possession; relevant considerations; where stay futile; stay refused)
- Counsel for plaintiff (lender) in Assetline (Australia) Pty Ltd v Ballantyne Industries Pty Ltd and Anor [2017] VCC 158 (Loan agreement; purpose of loan; disclosure; unconscionability; adequacy of legal advice; asset lending; applicability of credit codes)
- Counsel for respondent in Neptune Technologies of Bioressources Inc. v Azpa Pharmaceuticals Pty Ltd (2016 – 2017) (led by Mr. N. Lucarelli QC and with Mr. A. Dinelli) (Commercial arbitration)
- Counsel for plaintiff in Azpa Pharmaceuticals Pty Ltd v E. Meppem & Ors (2016 – 2017) (led by Mr. N. Lucarelli QC) (Breach of fiduciary duties; confidential information: Supreme Court of Victoria)
- Counsel for respondent (lender) in Busby v National Australia Bank Ltd (2012 – 2013) (Guarantees: exercise of discretion: Court of Appeal)
- Counsel for plaintiff in Eyre Tuna Pty Ltd v ETSA Utilities (Reg.) & Ors (2012 – 2013) (Fire; negligence; consequential loss: Supreme Court of South Australia)
- Counsel for defendant in Montague Cold Storage & Ors v T. Fitzgerald Investments Pty Ltd (2012 – 2013) (Property: vendor’s statement; professional negligence: Supreme Court of Victoria)
ACADEMIC QUALIFICATIONS
LL.B./B.Com. The University of Melbourne (1983-1987)
LANGUAGES (other than English)
Greek
