Carrie Rome-Sievers Portrait

Carrie Rome-Sievers

Bar roll 1999 Admitted 1996
  • Commercial Law Tort Law
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Carrie is a commercial law barrister practising with a focus on insolvency and corporations law, equity and trusts, bankruptcy and restitution.

Carrie 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 at: www.carrieromesievers.com.

Recognition

Best Lawyers in Australia – each year 2016-2020 inclusive – 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 – 2019 and 2020 – Peer Review

Doyles Guide of Leading Commercial Litigation & Dispute Resolution Junior Counsel – Victoria – each year 2017-2020 inclusive – Peer Review

Doyles Guide of Leading Insolvency & Restructuring Junior Counsel – Victoria – each year 2017-2020 inclusive – Peer Review

Liability limited by a scheme approved under the Professional Standards Legislation

Contact

Correspondence
Chambers & Clerk

Lonsdale Chambers
Level 10 Room 6

460 Lonsdale Street

Melbourne VIC 3000

View map

Jane King

03 9225 8558

Expertise

Commercial Law
  • Banking & Finance
  • Bankruptcy
  • Competition
  • Consumer Law
  • Contractual Disputes
  • Corporate Insolvency
  • Corporations & Securities
  • Equity & Trusts
Tort Law
  • Professional Negligence

Qualifications

Qualifications

Bachelor of Laws

Bachelor of Arts

Admitted

Victoria

Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia

Recent Cases

Selection of recent cases

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

Re IPO Wealth Holdings No 2 Pty Ltd [2020] VSC 549 – application on behalf of the trustee of the IPO Wealth investment fund for receivers to be appointed provisional liquidators of IPO Wealth Holdings Pty Ltd (trading as Mayfair 101 Holdings), pending the hearing of the application to wind up on the just and equitable ground (ongoing)

Acting for the respondents to an application for freezing orders and search orders in the Supreme Court of Victoria (ongoing)

Acting for the executive chairman of a formerly listed company and its subsidiary which had developed and operated gold projects in WA (both now in liquidation) in Federal Court proceedings in Western Australia for alleged insolvent trading (led by Philip Crutchfield QC, ongoing)

Acting for the liquidators of a company in a proceeding in the Federal Court of Australia involving misappropriated funds issued against a company which runs on online gambling business. Claims include restitution, Black v Freedman trust, Barnes v Addy knowing receipt and knowing assistance, unreasonable director-related transactions (led by Scott Nixon SC, ongoing)

Multiple unnamed cases – Public examinations conducted in the Federal Court in Melbourne in December 2018-February 2019, and 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 QC)

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 QC)

Publications

13 December 2019

Commercial 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 2019

Commercial Law Update - Latest decision of interest in this post-Amerind world dropped today

25 June 2019

Commercial 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 2019

Commercial Law Update - The High Court’s judgment in Amerind is in

17 June 2019

Commercial Law Update - High Court to hand down judgment in Amerind this Wednesday

04 March 2019

Insolvency Law Update - Vic Court of Appeal denies liquidators approval of proposed settlement agreement

01 February 2019

Insolvency Law Update - Monday will be big - not just the banking Royal Commission report, but day 1 of the High Court Amerind appeal

06 December 2018

Insolvency Law Update - Amerind High Court appeal listed for hearing

25 October 2018

Commercial Law Update - When a payment of trust money is recovered as an unfair preference, does it become trust money once again?

12 September 2018

Commercial Law Update - High Court delivers reasons for upholding the holding DOCA in Mighty River

17 August 2018

Insolvency Law Update - Special leave granted in Amerind

17 April 2018

Commercial Law Update - Fraud and more than Barnes v Addy – VSCA on accessorial liability for breach of fiduciary duty or trust

26 March 2018

Commercial 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 2018

Insolvency Law Update - The Amerind appeal – trading trusts, statutory regime of priority applies on receivership of the trustee, employee entitlements protected

09 October 2017

Commercial Law Update - Fraud and liability in restitution for online sports betting companies and their operators

17 August 2017

Commercial Law Update - Repudiation and how restraint of trade benefits may be lost post termination

17 March 2017

Commercial Law Update - Sino Iron v Worldwide Wagering – a case of fraud and restitution “with the lot”

13 March 2017

Insolvency Law Update - Remuneration of liquidators – Sakr Nominees – 5 member NSWCA panel rights the ship

14 February 2017

Insolvency Law Update - Extending time for convening the second meeting of creditors

31 May 2016

Insolvency Law Update - A refresher - Liquidators’ section 483(1) applications

14 April 2016

Commercial Law Update - Barnes v Addy claims and indefeasibility of title

09 October 2015

Tax & Insolvency Update - Bell Group & post-liquidation garnishee notices

24 April 2015

Commercial Law Update - High Court grants special leave to the Commissioner in CGT/liquidators case

12 March 2015

Insolvency Law Update - High Court pronounces on liquidators’ shelf orders and other extension of time orders

12 December 2014

Commercial Law Update - Great Southern settlement deed approved

09 October 2014

Insolvency Law Update - Full Federal Court dismisses appeal in CGT/liquidators decision

18 July 2014

Insolvency Law Update - Fiorentino to fight on as CALDB orders deregistration

02 February 2012

Carrie 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)