Profile

Full Name: Mr Brenton Devanny
Email: bdevanny@vicbar.com.au
Phone: +61 3 9225 7594
Fax: 9225 8480
Mobile: 0407 525 875
Chambers: Owen Dixon Chambers West
Room: 914
Date of Admission: 11 Aug 2009
Called to the Bar: 1 May 2014
Qualifications: LLM; LLB (Hons); BCom
Previous Occupation: Solicitor

Profile

Brenton Devanny has a broad commercial practice. He has a focus on insolvency, banking and finance, commercial arbitration and corporations law.

Brenton appears both unled and as a junior in all jurisdictions.

Brenton holds a Master of Laws from the University of Melbourne (with a focus on International Insolvency and Arbitration) as well as a Bachelor of Laws (with Honours) and a Bachelor of Commerce.  

Experience

Before coming to the Bar, Brenton worked as a solicitor:

  • at Russell Kennedy in the Dispute Resolution team;
  • in the Legal Services Branch of the Australian Taxation Office; and
  • at Forbes Dowling Lawyers.

     

At the Bar, Brenton has a broad commercial practice, including:

  • applying for urgent interlocutory injunctions;
  • trustee claims under the Bankruptcy Act, in particular for sale of vested property, see here, here and here;
  • defending appeals to the Federal Court (unled) against orders for sale, including opposing applications for a stay pending appeal, see here and here;
  • successfully appealing in the Federal Court (unled) to the extent that a bankrupt's property was 'protected' under the Bankruptcy Act, see here;
  • applications for annulments of bankruptcy. both for and against;
  • disputes concerning Creditor’s Statutory Demands, see here;
  • antecedent transaction litigation such as unfair preference, uncommercial transaction and unreasonable director-related transaction litigation;
  • disputes over property secured under the Personal Property Securities Act;
  • applications by liquidators and trustees for orders and directions;
  • commercial disputes, including construction disputes;
  • mediations and commercial arbitrations;
  • civil appeals.

Brenton has also acted in a high profile recognition of a foreign bankruptcy under the UNCITRAL Model Law incorporated into the Cross-Border Insolvency Act, which involved a dispute over the location of the bankrupt's 'Centre of Main Interests'. See Kapila, in the matter of Edelsten [2014] FCA 1112.

Brenton is also a contributing author to Lexis Nexis' Bankruptcy Law and Practice in the areas of:

  • Court's jurisdiction in bankruptcy;
  • Acts of bankruptcy;
  • Creditors' petitions;
  • Voluntary bankruptcy; and
  • Bankruptcy of deceased estates.

     

Brenton read with Peter Fary and his senior mentor was Garry Bigmore QC.

Areas of Practice

Alternative Dispute Resolution (ADR)

  • Arbitration
  • International Arbitration
  • Mediation

Appellate

  • Civil Appeals

Commercial Law

  • Banking & Finance
  • Bankruptcy Law & Insolvency Law
  • Building Law & Construction Law
  • Civil Procedure Law
  • Competition Law & Consumer Law
  • Contractual Disputes
  • Corporations Law & Securities Law
From 1 May 2014, liability limited by a scheme approved under Professional Standards Legislation.


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