Joshua Kohn

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.
• Oppression proceedings.
• 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

Tayar v Feldman [2022] FCA 1432 (review of sequestration order; arbitration award; enforcement; estoppel; abuse of process).

IMO Barokes Pty Ltd (in liq) [2022] VSC 642 (derivative action against liquidator; inherent jurisdiction; exercise of discretion).

Re Sneakerboy Pty Ltd (Amin App) [2022] VSC 502 (external administration; extension of convening period; concluding of sale of companies' business and assets).

Patel v Sengun Investment Holdings Pty Ltd [2022] VCC 1085 (Heads of Agreement; contract of sale of property; Masters v Cameron; enforceability).

Re Aus Streaming Ltd (in liq) [2022] VSC 182 (special purpose liquidator; approval of remuneration).

Reindel Anor v Confreight Pty Ltd Anor [2022] VSC 163 (application for removal of caveat; equitable charge; common intention; construction of commercial agreement).

IMO Petromech Pty Ltd (in liq) [2021] FCA 1378 (insolvency, directions, distribution of assets, whether company acting as manager of partnership, rights and interests of manager).

Nexia Melbourne Pty Ltd ats Syncordia Group Operations Pty Ltd [2021] VSC 732 (statutory demand, set aside, deed of settlement, discontinuance of prior winding up application, security interest held by creditor).

IMO Babuc (a Bankrupt) [2021] FCA 1205 (partnership, insolvent partner, dissolution, unwilling / unable to wind up partnership, appointment as receiver and manager).

Ganesh v Dobrowolski [2021] FCA 909 (appeal, sequestration order, "go behing judgment").

Re Bluechain Pty Ltd (No 3) [2021] VSC 420 (administrator denied right of indemnity and reimbursement of costs).

Re Bluechain Pty Ltd (No 2) [2021] VSC 260 (administration, creditors not given opportunity to vote on removal of administrators, first meeting of creditors, direction to convene first meeting).

EAD Concepts Pty Ltd (Admin. Appointed) [2021] VSC 227 (winding up application, voluntary administration, interest of creditors).

Re Bluechain Pty Ltd [2021] VSC 187 (appointment of provisional liquidator, ex parte aapplication, conflict of interest, appointment of provisional liquidator as administrator).

Re Zeto 6 Malcolm Pty Ltd (Admin. Appointed) Anor [2021] VSC 169 (corporate group, extensio