
Carrie Rome-Sievers
- Commercial Law Tort Law
She is experienced in advocacy, pleadings and opinion work principally in the Supreme Court of Victoria, the Court of Appeal, and the Federal Court of Australia. A selection of recent cases in which Carrie has been briefed is listed below.
Carrie has advised and appeared for directors, liquidators, administrators, trustees and creditors in a range of matters. An area of particular interest is trading trusts with corporate trustees in liquidation or receivership. She has written several articles on the important decisions in Carter Holt Harvey (Amerind) (High Court appeal in 2019, and the Victorian Court of Appeal decision below it) and Jones v Matrix Partners (Killarnee)(Full Federal Court in 2018). Other areas of expertise include fraud, restitution and Barnes v Addy claims against third parties in cases of misuse of corporate or trust property. Carrie’s publicly available articles and case reviews may be read on her website - carrieromesievers.com.
Carrie is also a nationally accredited mediator.
Recognition
Best Lawyers in Australia – each year 2016-2022 inclusive (“2023” edition) – Insolvency and Reorganisation Law – Peer Review – published by the Australian Financial Review and Best Lawyers Australia
Doyles Guide of Leading Insolvency & Restructuring Junior Counsel – Australia – each year 2019-2022 inclusive – Peer Review
Doyles Guide of Leading Commercial Litigation & Dispute Resolution Junior Counsel – Victoria – each year 2017-2022 inclusive – Peer Review
Doyles Guide of Leading Insolvency & Restructuring Junior Counsel – Victoria – each year 2017-2022 inclusive – Peer Review
Liability limited by a scheme approved under the Professional Standards Legislation
Contact
- P03 9225 8308
- E[email protected]
- Download VCard
Lonsdale Chambers
Level 10 Room 6
460 Lonsdale Street
Melbourne VIC 3000
Jane King
03 9225 8558
Expertise
- Banking & Finance
- Bankruptcy
- Competition
- Consumer Law
- Contractual Disputes
- Corporate Insolvency
- Corporations & Securities
- Equity & Trusts
- Professional Negligence
Qualifications
Bachelor of Laws
Bachelor of Arts
Victoria
State and Territory Courts and Tribunals
Federal Court of Australia
High Court of Australia
Recent Cases
ADG Digital Pty Ltd v Trigon Trading Pty Ltd (Administrators Appointed) [2023] FCA 232 – application for stay of pre-administration order that $5.9m of funds held in Court be released to the plaintiff – digital asset trading company in administration – plaintiff claimed funds paid into Court had been held for it on (a quistclose) trust – administrators’ view as to insufficient evidence to show that a trust had been created – r 41.03 of the Federal Court Rules 2011 (Cth) – Part 5.3A, ss 440D, 468, 447A of the Corporations Act 2001 (Cth) – decision of Button J
Holden v Kukuy (No 2); Re Jay Invest Property Pty Ltd (in liq) [2023] VSC 54 – application by liquidator for appointment as receiver of trust assets with power to sell – decision of Elliott J
Holden v Kukuy; Re Jay Invest Property Pty Ltd (in liq) [2022] VSC 796 – application for indefinite stay of proceeding seeking appointment of liquidator as receiver of trust assets
Unnamed case – Public examinations conducted on behalf of a liquidator in the Federal Court in Melbourne in October 2022
Unnamed case in the AAT, February 2022 – decision of the Tribunal to grant a stay of a decision by ASIC to disqualify a director for 5 years from managing corporations
Re Dysin Investment Partners Pty Ltd & Ors [2021] – unreported decision of Lyons J, Victorian Supreme Court, 26 March 2021 – application for the winding up of DIP Anthony Street Pty Ltd on the just and equitable ground and in insolvency
Re Dysin Investment Partners Pty Ltd & Ors [2021] – unreported decision of Lyons J, Victorian Supreme Court, 12 March 2021 – application for search orders pursuant to rule 37B.02 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic)
Re Dysin Investment Partners Pty Ltd & Ors [2021] – unreported decision of Garde J, Victorian Supreme Court, 10 February 2021 – application for the appointment of provisional liquidators over the second defendant DIP Anthony Street Pty Ltd, a company holding the key assets of an unregistered investment scheme (property development), and for freezing orders over other companies and individuals
Re IPO Wealth Holdings No 2 Pty Ltd (No 2) [2020] VSC 733 (6 Nov 2020) – application to wind up the IPO Wealth managed investment scheme companies on the just and equitable ground; and in insolvency in respect of the borrower company IPO Wealth Holdings Pty Ltd (trading as Mayfair 101 Holdings) (led by Jonathan Evans QC)
Re IPO Wealth Holdings No 2 Pty Ltd [2020] VSC 549 (9 Sept 2020) – application for the receivers of the IPO Wealth companies to be appointed provisional liquidators of the companies pending the hearing of the application to wind up on the just and equitable ground
Re IPO Wealth Holdings No 2 Pty Ltd [2020] – unreported decision of Robson J, Victorian Supreme Court, 22 May 2020 – unregistered managed investment scheme – application by the trustee of the IPO Wealth Fund to appoint receivers to the SPV companies of the IPO Wealth group, having exercised its power as secured creditor to appoint receivers to the borrower company IPO Wealth Holdings Pty Ltd (trading as Mayfair 101 Holdings)
Re Waratah Group Pty Ltd (in liq) [2020] VSC 523 – application by liquidators for appointment as receivers and managers of trust assets, alternatively for power of sale over trust assets
Acting for the respondents to an application for freezing orders and search orders in the Supreme Court of Victoria (August – September 2020)
Acting for the executive chairman of a formerly listed company Apex Minerals Ltd and its subsidiary which had developed and operated gold projects in WA, in Federal Court proceedings in Western Australia in an action for alleged insolvent trading – 2019-2020 – (led by Philip Crutchfield KC)
Acting for the liquidators of a company in a proceeding in the Federal Court of Australia involving funds misappropriated by a director, against a company which runs an online gambling business. Claims include restitution, Black v Freedman trust, Barnes v Addy knowing receipt and knowing assistance, unreasonable director-related transactions – 2020-2021 – (led by Scott Nixon KC)
Multiple unnamed cases – Public examinations conducted on behalf of a liquidators in two cases – one the Federal Court in Melbourne in December 2018-February 2019, and the other in the Federal Court in Sydney in November 2019-March 2020
Re Kasbah Moroccan Imports (VIC) Pty Ltd (administrators appointed) – Federal Court – March 2019 – adjournments of a winding up application obtained on behalf of the administrators to allow creditors to consider a DOCA
Northway Panels (Vic) Pty Ltd & Ors v Adrian John Warry and Shane Leslie Deane (as joint receivers and managers) and Admiralty Drive Pty Ltd [2018] VSC 581 – 24 September 2018 – an urgent injunction application to restrain receivers from acting on their appointment and seeking a declaration under s 418A of the Corporations Act that their appointment was invalid. Successfully resisted for the receivers.
ASIC v Realestate Equity Investment Trust – Federal Court proceedings – July-September 2018 – advising and providing written submissions on behalf of a non-party claimant regarding an equitable secured interest in the property of a managed investment scheme, arising under a musharakah agreement.
Re Cameron Lane Pty Ltd (in liq); Playaround Pty Ltd v Peter Robert Vince [2018] VSC (14 August 2018, unreported decision of Efthim AsJ) – an appeal by a creditor from a liquidator’s decision to reject a proof of debt, by way of application under s 90-15(1) of Schedule 2 of the Corporations Act. Successfully resisted for the liquidator.
Re Mamounia Pty Ltd (in liq)(No 3) [2018] VSC 65 – briefed as contradictor – application by liquidators of a trustee of a trading trust for directions – a sum of trust funds was held by solicitors under a general possessory common law lien, and questions arose as to the liquidators’ power to apply it in payment of the solicitors’ fees – power was also sought for the company as a bare trustee to be conferred under s 63 of the Trustee Act
Apollo General Engineering (Aust) Pty Ltd (in liq) & Ors v Culve Engineering Pty Ltd & Ors – County Court and Supreme Court of Victoria proceedings (2013-2017) – insolvent trading, uncommercial transactions, subrogation. Pre-trial applications included to dismiss for want of prosecution, and to substitute the executrix of the deceased estate of the third defendant as a party following his death, to defend the insolvent trading claims. The latter was appealed to Robson J – Re Apollo General Engineering (Australia) Pty Ltd (in liquidation) [2016] 533 – which decision went to the Court of Appeal – Curve Engineering Pty Ltd & Ors v Apollo General Engineering (Aust) Pty Ltd (in liq) [2017] VSCA 182 (led by Jim Peters KC)
The Presbyterian Church of Victoria Trusts Corporation v Anstee & Ors (No 1) [2016] VSC 297,The Presbyterian Church of Victoria Trusts Corporation v Anstee & Ors (No 2) [2017] VSC 102 and The Presbyterian Church of Victoria Trusts Corporation v Anstee & Ors (No 3) [2017] VSC 520 – a complex charitable property trust dispute involving breaches of trust and questions of proprietary remedies and tracing. It has also involved several legal professional privilege disputes one of which may be found at The Presbyterian Church of Victoria Trusts Corporation v Anstee & Ors [2014] VSC 426 (led by Michael Shand KC)
Publications
Insolvency Law Update - Recovering “your” money when entities collapse – when can you successfully claim a Quistlose Trust?
07 October 2021Insolvency Law Update - Statutory demands – setting aside under s 459G – what is a ‘genuine’ dispute or offsetting claim?
31 March 2021Insolvency Law Update - The Full Federal Court in COT v Lane
13 December 2019Commercial Law Update - High Court pronounces on what “property of the bankrupt” vests in the trustee in bankruptcy where property had been held on trust
29 August 2019Commercial Law Update - Latest decision of interest in this post-Amerind world dropped today
25 June 2019Commercial Law Update - New article on the High Court in Amerind – statutory priorities apply on insolvency of trustee companies, employee entitlements protected, Re Enhill is no more
19 June 2019Commercial Law Update - The High Court’s judgment in Amerind is in
17 June 2019Commercial Law Update - High Court to hand down judgment in Amerind this Wednesday
04 March 2019Insolvency Law Update - Vic Court of Appeal denies liquidators approval of proposed settlement agreement
01 February 2019Insolvency Law Update - Monday will be big - not just the banking Royal Commission report, but day 1 of the High Court Amerind appeal
06 December 2018Insolvency Law Update - Amerind High Court appeal listed for hearing
25 October 2018Commercial Law Update - When a payment of trust money is recovered as an unfair preference, does it become trust money once again?
12 September 2018Commercial Law Update - High Court delivers reasons for upholding the holding DOCA in Mighty River
17 August 2018Insolvency Law Update - Special leave granted in Amerind
17 April 2018Commercial Law Update - Fraud and more than Barnes v Addy – VSCA on accessorial liability for breach of fiduciary duty or trust
26 March 2018Commercial Law Update - The decision in Killarnee – trading trusts, statutory priorities on the liquidation of trustee companies, lack of power to sell trust assets
01 March 2018Insolvency Law Update - The Amerind appeal – trading trusts, statutory regime of priority applies on receivership of the trustee, employee entitlements protected
09 October 2017Commercial Law Update - Fraud and liability in restitution for online sports betting companies and their operators
17 August 2017Commercial Law Update - Repudiation and how restraint of trade benefits may be lost post termination
17 March 2017Commercial Law Update - Sino Iron v Worldwide Wagering – a case of fraud and restitution “with the lot”
13 March 2017Insolvency Law Update - Remuneration of liquidators – Sakr Nominees – 5 member NSWCA panel rights the ship
14 February 2017Insolvency Law Update - Extending time for convening the second meeting of creditors
31 May 2016Insolvency Law Update - A refresher - Liquidators’ section 483(1) applications
14 April 2016Commercial Law Update - Barnes v Addy claims and indefeasibility of title
09 October 2015Tax & Insolvency Update - Bell Group & post-liquidation garnishee notices
24 April 2015Commercial Law Update - High Court grants special leave to the Commissioner in CGT/liquidators case
12 March 2015Insolvency Law Update - High Court pronounces on liquidators’ shelf orders and other extension of time orders
12 December 2014Commercial Law Update - Great Southern settlement deed approved
09 October 2014Insolvency Law Update - Full Federal Court dismisses appeal in CGT/liquidators decision
18 July 2014Insolvency Law Update - Fiorentino to fight on as CALDB orders deregistration
02 February 2012Carrie Rome-Sievers Launches New Online Insolvency Law Resource
Memberships
Law Council of Australia – Insolvency and Reconstruction Law Committee
Commercial Bar Association of Victoria
Women in Insolvency and Restructuring Victoria (WIRV)
INSOL International