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Carrie Rome-Sievers

Qualifications:: Bachelor of Laws; Bachelor of Arts
Chambers:: Level 5 Room 3
Lonsdale Chambers
530 Lonsdale Street Melbourne
Telephone:: 03 9225 8308
Mobile Phone:: 0411 133 977
Facsimile:: 03 9225 8668
Signed Bar Roll:: 1999
Admitted in Victoria:: 1996
Also Admitted:: High Court of Australia and Federal Court of Australia
E-Mail:: romesievers@vicbar.com.au
Languages:: French and Japanese

Practice Profile

Carrie Rome-Sievers practises primarily in the areas of Insolvency and Bankruptcy, Commercial and Contract, Corporations and Securities, Equity and Trusts, and Banking and Finance.

Corporate Insolvency and Personal Bankruptcy work includes liquidator's applications for approval of deeds and for directions, applications to wind up a corporation, applications to terminate liquidations, uncommercial transaction and unfair preference proceedings, insolvent trading, applications to set aside statutory demands, applications by s 596 examinees for payment of expenses, litigation funding agreement disputes, and bankruptcy proceedings to impugn share transfers under ss 120 and 121 of the Bankruptcy Act.

Corporations Law work includes shareholders oppression, shareholder agreement disputes, statutory and equitable duties of directors, and wrongful terminations of managing directors. 2012 cases of note have included a bankruptcy case in the Federal Court concerning s 257 of the Bankruptcy Act, the evidentiary weight to be accorded minutes of creditors’ meeting recording the appointment of new trustees, and whether two trustees had been appointed jointly, jointly and severally or whether one sole trustee was appointed: Weeden v Rambaldi & Yeo [2012] FCA 552). Carrie will be appearing at the Full Federal Court appeal of this matter in November 2012.

Another has been the Supreme Court of Victoria case of Lew v Priester [2012] VSC 57 between the Lew parents and trustee company and two ex-spouses of Lew children, on an application to stay or transfer the Lews’ Supreme Court application (seeking declarations of the existence of bare trusts) to the Family Court where property proceedings were already on foot.

Carrie has been a member of the Bar since 1999 when she read with Paul Santamaria SC. She has experience in advocacy, pleadings and opinion work principally in the Supreme Court and Federal Court in a broad range of commercial disputes in the areas of insolvency, corporations law, including directors duties, bankruptcy, banking and finance, contracts and equity.

Carrie has also appeared on numerous occasions before the Legal Profession Tribunal and the Full Tribunal as Counsel Assisting (now the Legal Practice List at VCAT). Previously she worked as a commercial litigation solicitor at Allens Arthur Robinson, and prior to that worked as a solicitor in the insolvency group in the Commercial Litigation Department of Home Wilkinson Lowry (now HWL Ebsworth).

Carrie returned to practice in 2007 after a 3 year period in the Academic Division of the Bar Roll, during which she worked on a doctoral thesis on Commercial Fraud and Recovery of Assets and in 2003 taught the post-graduate subject of Corporate Insolvency and Reconstruction Law at the University of Melbourne with Philip Crutchfield SC.Carrie returned again to practice in July 2010 after a sabbatical.

Memberships

International Women's Insolvency and Restructuring Confederation (IWIRC)
Commercial Bar Association of Victoria.

Liability limited by a scheme approved under the Professional Standards Legislation.

Commercial Law

Weeden v Rambaldi & Yeo [2012] FCA 552: bankruptcy case in the Federal Court concerning s 257 of the Bankruptcy Act, the evidentiary weight to be accorded minutes of creditors’ meeting recording the appointment of new trustees, and whether two trustees had been appointed jointly, jointly and severally or whether one sole trustee was appointed.

Lew v Priester [2012] VSC 57: Supreme Court of Victoria case between the Lew parents and trustee company and two ex-spouses of Lew children, on an application to stay or transfer the Lews’ Supreme Court application (seeking declarations of the existence of bare trusts) to the Family Court where property proceedings were already on foot.

Re Blackburne Pty Ltd (in liquidation) [2011] VSC 92 (9 March 2011): Supreme Court of Victoria Corporations List application by a liquidator of one of the Environment companies for approval of a deed under ss 477(2A) and 477 (2B) of the Corporations Act 2001, and for directions under s 511 of the Act.

In the matter of Stephen Judd Advertising Australasia Pty Ltd (in liquidation): A Federal Court (Vic) application by an individual examined by a liquidator under s 596B of the Corporations Act 2001 for payment of his examination expenses.

Harding Investments Pty Ltd & Anor v PMP Shareholdings Pty Ltd & Ors: Federal Court (Vic) Fast Track List shareholders oppression proceeding.

Re Dameg Pty Ltd (in liquidation) [2010]: Federal Court (Vic) application to terminate a winding up pursuant to s 482(1) of the Corporations Act.

Litigation Lending Services ats Gadens Lawyers: Supreme Court of Victoria proceeding about a litigation funding agreement and entitlement to legal costs.

Rambaldi & Yeo v Weeden & Anor [2008] FCA 1597 (27 October 2008): Federal Court (Vic) proceeding about share transfers impugned under ss 120 and 121 of the Bankruptcy Act 1966. Trial of the preliminary question of the market value of shares held by the bankrupt and transferred shortly prior to presenting his debtor's petition, at the time of transfer.

Switzerland Investments Pty Ltd v. Sargood (Vic) Pty Ltd & Anor: Supreme Court of Victoria Commercial List proceeding about a claim for specific performance of a sale of land contract containing a buy-back option and involving issues of collateral contracts and unconscionable forfeiture (with Michael Shand, QC).

Secatore (as liquidator of Stonnington Building & Development Group Pty Ltd (in liq) v. Commissioner of Taxation: Supreme Court of Victoria Commercial List proceeding about voidable transactions under s.588FB of the Corporations Act 2001 (uncommercial transactions).

Kevron Plastics Pty Ltd ats. Concrd Office Products Ltd: Federal Court (Vic) proceeding about an application to set aside a statutory demand.

Kevron Plastics Pty Ltd ats. Concord Office Products Ltd: Magistrates Court proceeding about a claim for money had and received.

Hughes Logistics Pty Ltd (in liq) v. Longfine Hospitality Pty Ltd: Magistrates Court trial about a claim on behalf of a liquidator for the recovery of a debt owing to the company and a defence including set-off claims under s.553C of the Corporations Act 2001 with regards to CHEP pallets.

Hughes Logistics Pty Ltd (in liq) v. Freight Expectations Pty Ltd: County Court proceeding about a claim on behalf of a liquidator for the recovery of a debt owing to a company with respect to freight services.

AJ Samuels Pty Ltd ats. ADCO Building Developments Pty Ltd: Supreme Court application to wind up a corporation (with M. Shand, QC).

Buckett v. Buka Pty Ltd: Supreme Court proceeding about a contractual claim for wrongful termination by a managing director and a defence and counterclaim involving allegations of breaches of directors duties including that of disclosure, mistake and misrepresentation, and issues of quantum meruit, just allowance, ostensible or apparent authority to bind a company, the court's discretion under ss.1317JA and 1318 of the Corporations Law (as it then was) with M. Shand QC).

Jindra v. Tech-Rentals Pty Ltd: Supreme Court proceeding involving a dispute arising from a shareholders agreement, alleged shareholder oppression, alleged breaches of directors duties and interlocutory injunctions (with M. Shand, QC).

Australian Securities Ltd v. Morrow: Supreme Court application for substituted service.

LM Dawn Pty Ltd v. Mertes and Zhang: Supreme Court proceeding about share sale agreement and involving allegations of misrepresentation, negligent misstatements, collateral warranties and misleading and deceptive conduct pursuant to s.52 of the Trade Practices Act 1974 (Cth) and s.11 of the (previous) Fair Trading Act 1985 (Vic) including an application for security for costs.

Bacskai ats Wongtrakun and Trakun Imports Pty Ltd: County Court proceeding about a "Gift Agreement" and mortgage over property involving allegations of undue influence, a Barnes v. Addy claim of knowing assistance in a breach of fiduciary duty.

Legal Profession Tribunal cases

All appearances as Counsel assisting the Tribunal or the Full Tribunal. These cases have not been listed for reasons of confidentiality.