Defended Testator Maintenance Application
Acted for the Executor of a deceased estate, who was the son of the deceased, in defending an application by the deceased’s former spouse for provision out of the deceased estate, in circumstances where there was a binding financial agreement providing that no such claim would be made. The matter was resolved by negotiation following […]
Application for Removal Trustee of Self Managed Super Fund
Acted for the domestic partner of the deceased, bringing an application to remove her step-daughter as trustee of a self-managed super fund for a clear dereliction of her duties as a trustee (failing to pay funds pursuant to a binding death benefit nomination) and to appoint a new trustee in her stead. Consent Orders were […]
Urgent interlocutory application in the County Court
Acting for home owners in respect of an urgent interlocutory application in the County Court of Victoria seeking orders preventing their home from being sold by the mortgagee in possession.
Victorian Council Supreme Court proceeding
Defended a Victorian Council in Supreme Court of Victoria proceedings in which damages of over $15 million were sought by a property developer who alleged that a planning permit had been granted negligently by the council due to the land’s proximity to a former council rubbish tip.
Barcrem Pty Ltd v Nisiotis [2019] VCC 1006
Successfully applied to the County Court of Victoria on behalf of property developers for a stay of proceedings on the basis that the proceeding was a “domestic building dispute” as defined in s54 of the Domestic Building Contracts Act 1995 [Vic]. Judgement was appealed to the Supreme Court of Appeal and ultimately settled before hearing.
Remediation costs dispute
Appeared on behalf of property developers in the Commercial Court of the Supreme Court of Victoria concerning a dispute about remediation costs under a contract of sale for a heritage listed former gasworks site in North Melbourne.