Joshua Kohn


Barrister

Admitted:
23 Feb 2004
Bar:
11 May 2006
Location:
Room 1013, Lonsdale Chambers,
Level 10 460 Lonsdale Street, Melbourne, 3000
Call Foley’s on 03 9225 7777 to discuss availability
PROFILE

Joshua practices primarily in corporate, commercial, equity and property related matters. He has a particular interest and expertise in corporate and personal insolvency, company law, director’s duties, banking and finance, corporate regulatory work, professional negligence and general commercial litigation.

He maintains a broad appearance and advice practice including on a direct access basis for sophisticated corporations, insolvency practitioners and litigation funders.

Joshua regularly appears in trials and appeals in the Supreme Court and the Federal Court in Victoria, New South Wales, Queensland and Western Australia in relation to:

  • Statutory demands and winding up proceedings.
  • Bankruptcy notices and creditor petitions.
  • Voidable transaction claims (such as unfair preference claims, uncommercial transactions, unreasonable director related transactions).
  • Approval of external administrators' remuneration.
  • Breach of fiduciary and director duties claims.
  • Trading whilst insolvent claims.
  • Public examinations and ASIC examinations.
  • PPSA enforcement proceedings.
  • Mortgagee enforcement proceedings.
  • Professional negligence proceedings.
  • Partnership disputes.
  • Sale of business disputes.

Joshua has been consistently recognised by Doyle’s Guide ranking of insolvency and reconstruction barristers. He is also a co-author of Butterworths Bankruptcy Law and Practice.

Select recent cases

Re Barokes Pty Ltd (in liq) [2020] VSC 555 (external administration, approval of remuneration, unproven allegation about liquidator's conduct, work "necessary and property performed").

IMO Cohalan & Mitchell Roofing Pty Ltd (in liq) [2020] VSC 222 (appeal, application to extend time for filing voidable transaction proceedings)

Stone v Ebeid [2020] FCA 343 (adoption of expert insolvency report).

IMO Aizome1 Pty Ltd (in liq) v Millar [2019] FCA 2169 (summary judgment, unreasonable director related transactions, trading whilst insolvent, no real prospects of defence).

Barfly’s Nominees Pty Ltd v Kliger Partners (a firm) [2019] VSCA 256 (solicitor’s negligence, advice to settle proceedings, reliance, loss of chance to continue proceeding).

IMO TMC Plumbing & Drainage Pty Ltd (in liq) [2019] FCA 1439 (insolvency, trustee company, right of indemnity, right of exoneration).

Victorian Legal Service Board v Ross Delahunty [2019] VCC 1381 (issue estoppel, trust, power of attorney, legal practitioners, Fidelity Fund).

In the matter of Imagebuild Group Pty Ltd (in liq) [2019] VSC 213 (approval of external administrator’s remuneration, approval to enter into litigation funding agreement).

Rivex Crane Hire Pty Ltd v Armquip Pty Ltd Anor [2019] VSC 122 (sale of business dispute, first right of refusal to purchase further business and assets).

EFM Logistics Services Group Pty Ltd v David Weerden Anor [2019] VSC 100 (discovery, privilege against self-incrimination, ss128A and 131A of the Evidence Act 2008 (Vic).

IMO Cardinal Project Services Pty Ltd (in liq) (No 2) [2018] FCA 530 (unfair preference, insolvency, good faith defence, set off).

A further list of cases and papers can be presented upon request.

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

Commercial Law
Equity & Trusts
Public Law & Administrative Law

Profile1

Joshua practices primarily in corporate, commercial, equity and property related matters. He has a particular interest and expertise in corporate and personal insolvency, company law, director’s duties, banking and finance, corporate regulatory work, professional negligence and general commercial litigation.

He maintains a broad appearance and advice practice including on a direct access basis for sophisticated corporations, insolvency practitioners and litigation funders.

Joshua regularly appears in trials and appeals in the Supreme Court and the Federal Court in Victoria, New South Wales, Queensland and Western Australia in relation to:

  • Statutory demands and winding up proceedings.
  • Bankruptcy notices and creditor petitions.
  • Voidable transaction claims (such as unfair preference claims, uncommercial transactions, unreasonable director related transactions).
  • Approval of external administrators' remuneration.
  • Breach of fiduciary and director duties claims.
  • Trading whilst insolvent claims.
  • Public examinations and ASIC examinations.
  • PPSA enforcement proceedings.
  • Mortgagee enforcement proceedings.
  • Professional negligence proceedings.
  • Partnership disputes.
  • Sale of business disputes.

Joshua has been consistently recognised by Doyle’s Guide ranking of insolvency and reconstruction barristers. He is also a co-author of Butterworths Bankruptcy Law and Practice.

Select recent cases

Re Barokes Pty Ltd (in liq) [2020] VSC 555 (external administration, approval of remuneration, unproven allegation about liquidator's conduct, work "necessary and property performed").

IMO Cohalan & Mitchell Roofing Pty Ltd (in liq) [2020] VSC 222 (appeal, application to extend time for filing voidable transaction proceedings)

Stone v Ebeid [2020] FCA 343 (adoption of expert insolvency report).

IMO Aizome1 Pty Ltd (in liq) v Millar [2019] FCA 2169 (summary judgment, unreasonable director related transactions, trading whilst insolvent, no real prospects of defence).

Barfly’s Nominees Pty Ltd v Kliger Partners (a firm) [2019] VSCA 256 (solicitor’s negligence, advice to settle proceedings, reliance, loss of chance to continue proceeding).

IMO TMC Plumbing & Drainage Pty Ltd (in liq) [2019] FCA 1439 (insolvency, trustee company, right of indemnity, right of exoneration).

Victorian Legal Service Board v Ross Delahunty [2019] VCC 1381 (issue estoppel, trust, power of attorney, legal practitioners, Fidelity Fund).

In the matter of Imagebuild Group Pty Ltd (in liq) [2019] VSC 213 (approval of external administrator’s remuneration, approval to enter into litigation funding agreement).

Rivex Crane Hire Pty Ltd v Armquip Pty Ltd Anor [2019] VSC 122 (sale of business dispute, first right of refusal to purchase further business and assets).

EFM Logistics Services Group Pty Ltd v David Weerden Anor [2019] VSC 100 (discovery, privilege against self-incrimination, ss128A and 131A of the Evidence Act 2008 (Vic).

IMO Cardinal Project Services Pty Ltd (in liq) (No 2) [2018] FCA 530 (unfair preference, insolvency, good faith defence, set off).

A further list of cases and papers can be presented upon request.

Committee Memberships

  • (Member) Supreme Court - Corporations & Commercial Court Users' Group