Aphrodite Kouloubaritsis


Barrister

Admitted:
15 Aug 2006
Bar:
20 Nov 2008
Location:
Room 1601, Owen Dixon Chambers West,
525 Lonsdale Street, Melbourne, 3000
Call Foley’s on 03 9225 7777 to discuss availability
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)

       

      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

      Appellate
      Commercial Law
      Common Law
      Criminal Law
      Equity & Trusts
      Inquests, Inquiries, Tribunals & Commissions
      Public Law & Administrative Law

      Profile1

      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)

           

          Committee Memberships

          • (Member) County Court - Banking & Finance Users' Group Meeting (Bar invitees)
          • (Member) County Court - Commercial Division Users Group
          • (Member) Readers' Course Committee