Joshua Kohn

Joshua practices primarily in corporate, commercial, equity and property related matters with a strong focus on corporate and personal insolvency, banking and finance and trusts. His expertise extends to company law, director's duties, corporate regulatory work, professional negligence and general commercial litigation.

He maintains a comprehensive practice, providing both appearance and advice services including on a direct access basis for sophisticated corporations, insolvency practitioners, litigation funders and institutional lenders.

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).
• 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.

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

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.