Con Salpigtidis


Barrister | Accredited Mediator

Secretary:
Admitted:
4 Sep 1989
Bar:
26 Nov 1992
Location:
Room 0115, Dawson Chambers,
405 Little Bourke Street, Melbourne, 3000
Call Foley’s on 03 9225 7777 to discuss availability
PROFILE

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

 

Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.

AREAS OF PRACTICE

Alternative Dispute Resolution (ADR)
Commercial Law
Common Law
Equity & Trusts

Profile1

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