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

n of convening period, time needed for assessment of financial position, complex administration, restraining order, time needed for sale process to be conducted).

IMO SP Private Holdings Pty Ltd and SP Private Pty Ltd [2021] VSC 142 (oppression, appointment of a provisional liquidator, winding up on just and equitable grounds, deadlock, dysfunction within the management of companies).

Re Balmz Pty Ltd (in liq) [2020] VSC 652 (trading whilst insolvent, presumption of insolvency, safe harbour).

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