Carrie Rome-Sievers

Re Mamounia Pty Ltd (in liq)(No 3)[2018] VSC 65 – an 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 are as to its application in payment of the solicitors’ fees. Due to the nature of the common law lien, the solicitors’ right was merely a passive right to retain the sum, without a power to pay themselves the fees owing by the insolvent client on multiple files. There was doubt as to the liquidators’ power to direct payment, arising by virtue of the then principle in Re Amerind (before it was overturned on appeal on 28 February 2018) that a trustee’s right of indemnity was property of the trust, not the trustee. Power was sought for the company as a bare trustee to be conferred under s 63 of the Trustee Act.

Re Bendigo Central Pharmacy Pty Ltd [2017] VSC 419 – an application to set aside a statutory demand. Key issue was the Graywinter principle, and whether the plaintiff had a genuine dispute raised in the 21 day affidavit expressly, by necessary inference or by available inference

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 include 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 (with Jim Peters QC)

Re Makan Brothers Pty Ltd (in liquidation) – Supreme Court dispute (2016) – contested application on behalf of the Liquidator brought under s 483(1) of the Corporations Act for delivery up of funds of the Company to the Liquidator. For a review of the key principles and leading authorities on s 483(1) applications see here.

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 (with Michael Shand QC)

Nelson v Ji [2015] FCCA 3573 – a bankruptcy dispute in which the client trustees in bankruptcy claimed an interest in the marital property by way of a Cummins v Cummins constructive or resulting trust, trial adjourned

Yeo v Weeden [2015] VSC 156 – a bankruptcy dispute involving issues of trustees’ powers and alleged abuse of process (with the Hon Donnell M Ryan QC)

Rescom Asia Pacific Pty Ltd v Reapfield Property Consultants Pte Ltd [2014] VSCA 92 – Court of Appeal – appeal from the dismissal of an application to set aside a statutory demand (leading A L Kinda)

Kazakhstan Potash Corporation Ltd (formerly known as Fortis Mining Ltd) v Arulampalam & Ors – Supreme Court of Victoria proceeding (2013-2014) – a dispute in contract and restitution law (leading E Levine)

ANZ Banking Group Ltd v Wal’s Bulk Meats Pty Ltd & Ors – Supreme Court of Tasmania proceeding (2013-2015) – a dispute involving issues of banking and securities law, the law of guarantees, estoppel, restitution, subrogation, and unconscionability under the general law and the ASIC Act

Money Choice Pty Ltd (in liq) & Rathner v Inertia Holdings Pty Ltd & Ors – Supreme Court of Victoria proceeding (2014) – dispute involving issues of unreasonable director-related transactions under s 588FDA of the Corporations Act, breaches of directors’ duties, constructive trusts (leading B Ryde)

Re Blackburne Pty Ltd (in liquidation) – Supreme Court of Victoria application (2014) by the liquidator of one of the Environinvest companies for approval of his remuneration as liquidator in a creditors’ voluntary winding up under ss 473(3) and 511 of the Corporations Act, and the Court’s inherent jurisdiction

Appleyard and Ratten as the foreign representatives of Crawford Farms Ltd (Administrators appointed) v Crawford Farms Ltd (Administrators appointed) & Anor – Federal Court proceeding (2014) involving an application under section 6 of the Cross-Border Insolvency Act 2008 (Cth) and article 21(2) of the Model Law on Cross-Border Insolvency as to the distribution of monies released from sale of an asset

Deputy Commissioner of Taxation v ASIC [2013] FCA 623 – a Federal Court s 35A application for review of a Registrar’s decision to reinstate the registration of a company pursuant to s 601AH(2) of the Corporations Act. The company had been subject to a DOCA effectuated before it was deregistered; issues included whether the Deputy Commissioner was a contingent creditor and had standing as a “person aggrieved” by and at the time of the deregistration (with P Bick QC at first instance, and on appeal with E Woodward SC before Kenny J)

Weeden v Rambaldi & Yeo [2013] FCAFC 12 – Full Federal Court appeal in bankruptcy case, concerning s 257 of the Bankruptcy Act and the evidentiary weight to be accorded minutes of a creditors’ meeting recording the appointment of new trustees (with G Bigmore QC)

Weeden v Rambaldi & Yeo [2012] FCA 552 – first instance decision the subject of the above-mentioned Full Federal Court appeal (with G Bigmore QC)

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.

Vickers, in the matter of York Street Mezzanine Pty Ltd (in liq) [2011] FCA 1028 – Federal Court application by the liquidators of the Westpoint mezzanine companies for approval of entry into deeds under s 477(2B) of the Corporations Act 2001, and for directions under ss 479(3) and 511 of the Act (with E Woodward SC).

Re Blackburne Pty Ltd (in liquidation) [2011] VSC 92 – Supreme Court of Victoria application by a liquidator of one of the Environinvest 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.