Nicole Tyson

Nicole accepts briefs to appear and advise in a wide range of commercial matters, with a focus on insolvency, Corporations Act matters, contractual disputes, class actions, equity, property and ACL claims. She is regularly briefed on a led and unled basis, primarily in matters in the Supreme Court of Victoria, County Court of Victoria and Federal Court of Australia. 

Corporations Act and Interlocutory Matters

Nicole has a busy civil interlocutory practice, particularly in Corporations Act and insolvency related proceedings. She regularly appears in the Corporations lists in the Supreme Court and Federal Court, including on applications to set aside statutory demands and in applications for and against insolvency practitioners. She has also appeared in winding up proceedings, company reinstatement applications, claims as to contested proofs of debt and liquidator/receiver examinations. Other interlocutory matters on which she has been briefed include preliminary discovery applications, interlocutory injunctions and costs disputes.

Bankruptcy Matters

Nicole has appeared on various bankruptcy related proceedings in the Federal Circuit and Federal Court of Australia, including:

• defending applications to set aside sequestration order;
• obtaining freezing orders on behalf of trustee in bankruptcy; and
• contested creditor petitions

Selection of Matters

Atwell v Secatore and ors (Supreme Court of Victoria 2022/01671): application seeking removal of liquidator and appointment of special purpose liquidator; ongoing (unled)

ACN 073 705 263 v Australian Trailer Solutions Group Pty Ltd (Supreme Court of Victoria ECI 2023 00552): breach of contract claim arising from sale of business and alleged ACL claims; ongoing (led by C G Rome-Sievers)

Innovative 3D Systems Pty Ltd (Receivers & Managers Appointed) & Anor v Allan & Ors  (Federal Court of Australia VID125/2023); breach of directors’ duties, breach of trust, subrogation and tracing; ongoing (led by D Guidolin SC)

In the matter of Innovative 3D Systems Pty Ltd (Receivers & Managers Appointed) & AnorVID109/2022: receivers’ examinations (unled)

Vlahos v Roderick Group Pty Ltd (Federal Circuit and Family Court of Australia MLG2433 of 2021):  defending application for review of sequestration order (unled)

Yimiao Australia v Cyber Intelligence [2023] VSCA 21 (led by M McKillop)

Martin v Martin (Supreme Court of Victoria S ECI 2023/03459): possession application on behalf of executor of estate (unled)

Nguyen v Ly (County Court of Victoria CI-21-05523): constructive trust claim; settled at mediation (unled)

Prior to coming to the bar, Nicole spent many years practising in NSW, where she was the partner of a boutique law firm. Nicole managed an extensive range of commercial litigation disputes in the Supreme and Federal Courts and insolvency/restructuring matters. Nicole was recognised in Doyle’s Guide as a leading or recommended individual in NSW (insolvency) (2019 and previous years). 

Nicole read with Carl Moller SC and her senior mentor is Wendy Harris QC.