List G As 8360

Adam Segal

Bar roll 2006 Admitted 1998
  • Commercial Law Tort Law
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A banking and insolvency specialist with a commercial practice, Adam is an experienced trial and appellate advocate

Adam has advised and appeared in a broad range of commercial disputes including corporations matters, oppression proceedings, contract, equity and trusts, and property disputes.

Before joining the Bar, Adam worked in London (Legal Counsel for Barclays Bank PLC) and in private practice in Melbourne (Senior Associate at Mallesons Stephen Jaques (now King & Wood Mallesons).

Outside of Court, Adam has a keen sporting interest and is actively involved as a Senior Member of the Football Federation Victoria Tribunal.  

Liability limited by a scheme approved under the Professional Standards Legislation

Contact

Correspondence
Chambers & Clerk

Owen Dixon Chambers West
Level 23 Room 14

525 Lonsdale Street

Melbourne VIC 3000

View map

Jane King

03 9225 8558

Expertise

Commercial Law
  • Appellate
  • Banking & Finance
  • Bankruptcy
  • Consumer Law
  • Contractual Disputes
  • Corporate Insolvency
  • Corporations & Securities
  • Equity & Trusts
  • Insurance
  • Real Property
  • Residential & Retail Tenancies
  • Sports Law
  • Wills & Probate
Tort Law
  • Common Law
  • Negligence
  • Professional Negligence

Qualifications

Qualifications

Bachelor of Economics

Bachelor of Laws (Hons)

Admitted

Victoria

Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia

Recent Cases

Notable cases which Adam has appeared in recently include

In the matter of Aced Kang Investments Pty Ltd (in liq) [2017] FCA 476 – appeared on behalf of the liquidator in the Federal Court of Australia where the company in liquidation was previously the trustee of a trust and orders were sought pursuant to s57 of the Federal Court of Australia Act 1976 for the liquidator to be appointed as the receiver and manager of the trust property.

Modeca Investments Pty Ltd v Commonwealth Bank of Australia [2017] VSC 119 – appeared on behalf of the plaintiff in the Supreme Court of Victoria in an application to set aside a creditor’s statutory demand pursuant to s459G of the Corporations Act 2001.

Vasiliadis v Vasiliadis [2016] VCC 1995 – appeared on behalf of a law firm in the County Court of Victoria in the application for the appointment of a litigation guardian pursuant to r15.01 of the County Court Civil Procedure Rules 2008.

National Australia Bank Ltd v Ganesh & Ors [2016] VSC 738 – appeared on behalf of the plaintiff in the Supreme Court of Victoria to successfully obtain orders for summary judgment (in part) where there had been multiple banking facilities and securities.

Headway Group Pty Ltd v Spyre Projects Pty Ltd [2016] FCA 874 – appeared on behalf of the respondents who successfully obtained orders for the transfer of the proceedings to the Queensland Registry of the Federal Court of Australia and for the provision of security for the respondents’ costs of the proceeding.

Ky Stockfeeds Pty Ltd v Kelvy [2015] FCCA 3567 – appeared on behalf of the petitioning creditor to seek orders pursuant to s245 of theBankruptcy Act 1966 in circumstances where the respondent debtor died prior to the making of a sequestration order. 

BKA Practice Co Pty Ltd trading as Belleli King & Associates v Viking Group Holdings Pty Ltd (in liq) & Anor [2015] VSC 699 – appeared on behalf of the respondents to resist an appeal from orders granting leave to amend the name of the defendant after the time for commencing proceedings under s588FF(3) of the Corporations Act2001 had expired on the basis that there had been a mistake in the name of the defendant.

National Australia Bank Ltd v Sgargetta [2015] VSC 537 – appeared on behalf of the plaintiff in the Supreme Court of Victoria to successfully remove a caveat pursuant to s90(3) of the Transfer of Land Act 1958 (Vic).  The caveator’s interest was found to be an interest in the nature of a charge, which could not defeat the bank’s registered legal interest pursuant to s91(2B) of the Transfer of Land Act 1958.

Yeo & Anor v Lenny’s Commercial Kitchens Pty Ltd [2015] VSC 539 – appeared on behalf of the defendant to resist an unfair preference claim on the basis that (a) there was no preference when considering the “ultimate effect” of the entire  transaction and (b) that by reason of a retention of title clause they payments were not payments which were made in respect of an unsecured debt within the meaning of s588FA of the Corporations Act 2001.

Viking Group Holdings Pty Ltd (in liq) & Anor v BKA Practice Co Pty Ltd trading as Belleli King & Associates [2015] VSC 485 – appeared on behalf of the plaintiff in an application for leave to amend the name of the defendant after the time for commencing proceedings under s588FF(3) of the Corporations Act 2001 had expired on the basis that there had been a mistake in the name of the defendant.

National Australia Bank Ltd v Waldron [2015] VSC 141 – appeared on behalf of the plaintiff in the Supreme Court of Victoria to successfully remove a caveat pursuant to s90(3) of the Transfer of Land Act 1958 (Vic).  The caveator had alleged that she had an equitable interest as a purchaser under a contract of sale, but the Court accepted that even if such an interest was held, it was not one which could take priority over the bank’s registered legal interest.

Sgargetta v Thomas [2015] VCAT 357 – appeared for the applicant and obtained an order that the plaintiff was estopped from bringing the VCAT proceeding on the basis of an Anshun estoppel and an abuse of process within the meaning of s 75 (1) of the VCAT Act.

Vasco Investments Ltd v Morgan Stanley Australia Ltd (2014) 108 IPR 52 – appeared with Michael Jones SC in the Supreme Court of Victoria in relation to a claim for breach of confidential information as well as quantum meruit for services provided by an advisory firm relating to the plan for the recapitalisation of the Orchard property funds management business.

Stamford Aus-Trade & Press Pty Ltd v Aloysius David Pty Ltd & Anor [2014] VSC 324 – appeared with Michael Pearce SC in the Supreme Court of Victoria in relation to a claim to beneficial entitlement to funds in a bank account by way of an express trust, alternatively aQuistclose trust. Orders had earlier been obtained by way of freezing order to preserve the funds in the bank account.  See also Stamford Aus-Trade & Press Pty Ltd v Aloysius David Pty Ltd & Anor (No 2)[2014] VSC 436.  The decision was overturned on appeal to the Court of Appeal – See Melbourne Orthopaedic Group Pty Ltd v Stamford Aus-Trade & Press Pty Ltd [2015] VSCA 150.

Vasudevan & Ors v Becon Constructions (Aust) Pty Ltd & Anor (2014) 41 VR 445 – appeared with Philip Crutchfield QC in the Victorian Court of Appeal on behalf of the respondent to the appellants’ (liquidators) application that the execution of a deed of settlement and a mortgage was an unreasonable director-related transaction within the meaning of s588FDA of the Corporations Act2001. The respondent’s submission that the transaction was not within the meaning of the phrase “on behalf of, or for the benefit of” the director of the insolvent company was overturned on appeal.

Chan v Four C Realty Pty Ltd (in liq) (2013) 95 ACSR 666 and also [2013] FCA 928 appeared with Michael Wyles SC on behalf of the liquidators of Four C Realty Pty Ltd (in liq) in the Federal Court of Australia in relation to application made under s471B, 477(2B) and 477(6) of the Corporations Act 2001 (Cth).  At issue was whether the applicant and the liquidators of the company had entered into a binding and enforceable contract to purchase the business assets of the company and if so, whether the Court should approve, nunc pro tunc, the entry by the liquidators of that contract. 

Thompson v National Australia Bank Ltd [2013] VSC 400 appeared for the defendant in successfully resisting the continuation of injunctive relief preventing the mortgagee in possession from exercising its power of sale over residential property.

Black v Rafa Pastoral Pty Ltd & Ors [2013] VSC 317 appeared with Leslie Glick SC in an appeal against orders which further extended the time to comply with a self-executing order for the provision of the plaintiff’s outline of evidence so as to avoid dismissal of his case consequent upon non-compliance with that order.

Essendon Apartment Developments Pty Ltd (in liq) v Long & Ors [2013] VSC 210 appeared with Will Alstergren SC  in opposing an application by the liquidator under s90(3) of the Transfer of Land Act1958 for the removal of caveats lodged by “off the plan” purchasers.

City of Canning v Avon Capital Estates (Australia) Ltd [2012] WASC 410 appeared with James Elliott SC and Peter McGowan for the First Respondent in an appeal from a commercial arbitration concerning injurious affection under the Planning and Development Act 2005(WA).

Casama Group Pty Ltd v Four Sisters Pty Ltd & Ors [2012] VSC 376: appeared with Michael Wyles SC for the plaintiff in the Supreme Court of Victoria at the trial on the question of liability.

Norman v National Australia Bank Ltd [2012] HCATrans 171: appeared for the respondent (NAB) in the High Court of Australia to successfully resist an application for a stay of execution of judgment pending the special leave application.  The application for special leave to appeal was subsequently dismissed with costs [2012] HCASL 194.

General Commercial

Sgargetta v Thomas [2015] VCAT 357

Stamford Aus-Trade & Press Pty Ltd v Aloysius David Pty Ltd & Anor (No 2) [2014] VSC 436

Stamford Aus-Trade & Press Pty Ltd v Aloysius David Pty Ltd & Anor [2014] VSC 324

Black v Rafa Pastoral Pty Ltd & Ors [2013] VSC 317

Casama Group Pty Ltd v Four Sisters Pty Ltd & Ors [2012] VSC 376

City of Canning v Avon Capital Estates (Australia) Ltd [2012] WASC 410

​Banking and Finance

National Australia Bank Ltd v Ganesh & Ors [2016] VSC 738

National Australia Bank Ltd v Sgargetta [2014] VCC 1883

National Australia Bank Ltd v Sgargetta [2014] VCC 48

Thompson v National Australia Bank Ltd [2013] VSC 400

Norman v National Australia Bank Ltd [2012] HCATrans 171

National Australia Bank Ltd v Lawrence [2011] VSC 556

National Australia Bank Limited v Koller [2011] VSC 228

Siwicki v National Australia Bank Limited [2010] VSC 547

Popal v Accounts Control Management Services Pty Ltd & Anor [2010] VSC 412

​Insolvency​​

In the matter of Aced Kang Investments Pty Ltd (in liq) [2017] FCA 476

Modeca Investments Pty Ltd v Commonwealth Bank of Australia [2017] VSC 119

Ky Stockfeeds Pty Ltd v Kelvy [2015] FCCA 3567

BKA Practice Co Pty Ltd trading as Belleli King & Associates v Viking Group Holdings Pty Ltd (in liq) & Anor [2015] VSC 699

Yeo & Anor v Lenny’s Commercial Kitchens Pty Ltd [2015] VSC 539

Viking Group Holdings Pty Ltd (in liq) & Anor v BKA Practice Co Pty Ltd trading as Belleli King & Associates [2015] VSC 485

Chan v Four C Realty Pty Ltd (in liq) (2013) 95 ACSR 666

Chan v Four C Realty Pty Ltd (in liq) [2013] FCA 928

Management 3 Group Pty Ltd (in liq) v Lenny’s Commercial Kitchens Pty Ltd (No 3) (2011) 278 ALR 754

Management 3 Group Pty Ltd (in liq) v Lenny’s Commercial Kitchens Pty Ltd (No 2) (2011) 281 ALR 482

Management 3 Group Pty Ltd (in liq) v Lenny’s Commercial Kitchens Pty Ltd [2011] FCA 662

Re-Engine Pty Ltd (in liq) v Fergusson & Ors (2007) 209 FLR 1

​Corporations Law

Vasudevan & Ors v Becon Constructions (Aust) Pty Ltd & Anor (2014) 41 VR 445

Vigliaroni v CPS Investment Holdings Pty Ltd (2009) 74 ACSR 282

Australian Securities and Investments Commission v HLP Financial Planning (Aust) Pty Ltd (2007) 164 FCR 487

Property Law

National Australia Bank Ltd v Sgargetta [2015] VSC 537

National Australia Bank Ltd v Waldron [2015] VSC 141

Essendon Apartment Developments Pty Ltd (in liq) v Long & Ors[2013] VSC 210

Yeo v Brassil [2010] VSC 344

​Insurance

Allstate Exploration NL v QBE Insurance (Australia) Ltd [2008] VSCA 148

Allstate Exploration NL v QBE Insurance (Australia) Ltd [2007] VSC 380 

Memberships

Senior Member, Football Federation Victoria Tribunal