Profile

Full Name: Ms Aphrodite Kouloubaritsis
Email: aphrodite.kouloubaritsis@vicbar.com.au
Phone: +61 3 9225 7597
Chambers: Owen Dixon Chambers West
Room: 1601
Date of Admission: 15 Aug 2006
Called to the Bar: 20 Nov 2008
Qualifications: BA/LLB (Hons)(Melb)
Previous Occupation: Solicitor, Federal Court Associate, Legal Researcher

Profile

At the bar, Aphrodite practices predominately in commercial law, equity and public law.  

Before coming to the bar, Aphrodite practiced in commercial law and public law at Holding Redlich and at Arnold Bloch Leibler.  She has also worked as a Legal Researcher at the Victorian Court of Appeal (in 2002) and the Federal Court (in 2003).  Aphrodite is a former Associate to the Honourable Justice Finkelstein of the Federal Court.

A sample of recent matters Aphrodite has been briefed in, include:

    Commercial Law: 

    • Bozkurt v Pro-Pack Packaging (Aus) Pty Ltd (2017 / 2018 County Court) - collateral contract and alleged breach of the misleading or deceptive conduct and unconscionability provisions of the Australian Consumer Law and Fair Trading Act 2012 (Vic).
    • Commonwealth Bank of Australia v Capuano: (2016 / 2017, County Court of Victoria) - contract variation, security substitution, alleged undue influence. 
    • Acted for a former CFO of a  former ASX listed company in a s.596 examination conducted by the company's receivers: (2016, Federal Court of Australia).
    • BDS House Management Pty Ltd v Asia Pac Holdings Pty Ltd: (2016, Supreme Court of Victoria) - application to set aside a statutory demand under s459J(1)(b) of the Corporations Act 2001 (Cth).
    • PHD Networks Pty Ltd v Eaglemoss Ltd (2015, District Court of NSW) - conventional estoppel, professional negligence, breach of contract, misleading or deceptive conduct.
    • You Pack Removals Pty Ltd v Australian Entertainment Logistics Pty Ltd (subject to DOCA): (2015, Supreme Court of Victoria) - acted for a deed administrator in an appeal from his decision to disallow (in part) a proof of debt.
    • Commonwealth Bank of Australia v Bastian: (2015, Supreme Court of Victoria) - acted for the CBA in a priorities dispute between competing equitable interests.
    • Benue Minerals Ltd v Banc Qld Pty Ltd (2015, Supreme Court of Victoria) - conversion, detinue, breach of contract.
    • Commonwealth Bank of Australia v Ali: (2014, County Court of Victoria) –  alleged third party fraud, subrogation, construction of  Memorandum of Common Provisions.
    • Primebroker Securities Ltd (receivers & managers appointed) (liquidator appointed) v Douglas Lomas (as trustee of the Centre Management Trust): (2013, Supreme Court of Victoria) - acted for a liquidator in a claim for monies owing under an Australian Securities Lending Agreement; breach of trust and knowing assistance ‘Barnes v Addy’ counterclaim - with Simon Marks QC and thereafter Philip Corbett QC.
    • Westpac Banking Corporation Ltd v Moresi Vineyards Pty Ltd: (2013, County Court of Victoria): defended allegations  that the bank's receiver sold a commercial vineyard at an undervalue; relief sought under s 420A of the Corporations Act 2001 (Cth) and s 77 of the Transfer of Land Act 1958 (Vic).
    • David Mc Lauchlan v Chimaera Capital Ltd: (2012, Supreme Court of Victoria) - acted for a subpoenaed party in relation to whether its litigation funding agreement is subject to litigation client legal privilege.
    • Trust Company of Australia Ltd v Cressey & Ors (2012, Supreme Court of Victoria) – successful removal of four caveats.
    • Commonwealth Bank of Australia v Doan (2011, County Court of Victoria) -  guarantor alleging unconscionable conduct against a lender.
    • Somerville v Haboldt: (2011, County Court of Victoria) -equitable undue influence, resulting trust, unconscionable conduct - with Kate McMillan SC (as her Honour then was).

    Royal Commissions and Statutory Inquiries

      • Acted for two persons at the Independent Broad Based Anti-Corruption Commission's public hearings into alleged corruption at the Victorian Department of Education and Training (2015). 
      • Acted for the Victorian and Tasmanian Synod of the Uniting Church of Australia in the Royal Commission into Institutional Responses to Child Sexual Abuse (2014/2015) - with Simon Marks QC.
      • Acted for the National Union of Workers, LUCRF Super, IR 21 Ltd and other persons in the Royal Commission into Trade Union Governance and Corruption (2014) - with Richard Attiwill QC.

      Estates, Trust Law and Guardianship Matters

      • In the matter of the estate of Alastair Lucas AO: (2016, Supreme Court of Victoria) - successful application for letters of administration pendente lite - with Rick Wells.
      • Acted for a son in a contested guardianship and administration application involving a beneficiary of a corporate trustee that controls a high-profile Victorian-based company (2011, VCAT) - with Kate McMillan SC (as her Honour then was).
      • In the matter of the estate of Lorraine Lacey: (2011, Supreme Court of Victoria) - lack of testamentary capacity and claim under Part IV of the Administration and Probate Act 1958 (Vic). 
      • In the matter of Reginald Hedditch: (2010, Supreme Court of Victoria) - application for executorial commission.

      Publications

      • ‘Case Note: Walker v D’Alessandro [2010] VSC 15’ (2009) 59 Wills and Probate Bulletin 7 (with Kate McMillan SC).
      • ‘Executorial Commission and section 65 of the Administration and Probate Act 1958 (Vic)’ (2010) 60 Wills and Probate Bulletin 7 (with Kate McMillan SC).
      • Past reporter for the Australian Company and Securities Reports (ACSR) and the Federal Law Reports (FLR).

      Victorian Bar Committees memberships

      • Readers' Course Committee
      • County Court - Banking & Finance Users' Group (Bar invitee)

       

      Areas of Practice

      Appellate

      • Civil Appeals

      Commercial Law

      • Banking & Finance
      • Bankruptcy Law & Insolvency Law
      • Competition Law & Consumer Law
      • Contractual Disputes
      • Corporations Law & Securities Law
      • Insurance Law & Professional Negligence Law
      • Property & Probate

      Common Law

      • Negligence

      Criminal Law

      • Corporate / White Collar Crime

      Equity & Trusts

      • Family Provision
      • Real Property
      • Wills & Probate

      Inquests, Inquiries, Tribunals & Commissions

      • Royal Commissions

      Public Law & Administrative Law

      • Disciplinary Proceedings
      • Judicial Review
      • Merits Review

      Committee Memberships

      • (Member) County Court - Banking & Finance Users' Group Meeting (Bar invitees)
      • (Member) County Court - Commercial Division Users Group
      • (Member) Readers' Course Committee
      From 11 Dec 2008, liability limited by a scheme approved under Professional Standards Legislation.


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