Leo Freckelton

Bar roll 2022 Admitted 2017

Commercial Law Employment & Industrial
Intellectual Property Tort Law
Public Law

Leo practises in all areas of commercial and regulatory law.

His principal experience includes corporate insolvency and restructuring, equity and trusts, contractual disputes, trade practices, class actions, and regulatory matters. He has an active commercial appeals practice.

Before the Bar, Leo was a senior associate in the Financial Restructuring and Insolvency group at Norton Rose Fulbright and an associate to the Honourable Justice Sloss at the Supreme Court of Victoria.

Leo has recently lectured in the post-graduate Commercial Equity course at Monash University. He is an updating author of Federal Court Practice.

Leo holds a Bachelor of Commerce, Juris Doctor and Master of Laws from the University of Melbourne.

Leo read with Daniel Snyder. His senior mentor is Nicholas De Young KC.

Liability limited by a scheme approved under the Professional Standards Legislation

Contact

Correspondence

P03 9225 8558
M0457 555 585
F03 9225 8668
E[email protected]
Connect on Linkedin

Chambers & Clerk

Lonsdale Chambers
Level 10 Room 4

460 Lonsdale Street

Melbourne VIC 3000

View map

Jane King

03 9225 8558

Expertise

Commercial Law

Appellate
Aviation
Banking & Finance
Bankruptcy
Building & Construction
Class Actions
Commercial Arbitration
Competition
Consumer Credit
Consumer Law
Contractual Disputes
Corporate Insolvency
Corporations & Securities
Energy & Resources
Equity & Trusts
Insurance
Private International Law
Real Property
Residential & Retail Tenancies
Sports Law
Superannuation
Taxation
Wills & Probate

Employment & Industrial

Confidential Information
Discrimination
Employment Contracts
Restraint of Trade
Statutory Employment Rights

Intellectual Property

Confidential Information
Media & Entertainment
Privacy & Data Protection
Telecommunications

Tort Law

Appellate
Class Actions
Commissions & Inquiries
Common Law
Defamation
Inquests
Major Torts
Negligence
Personal Injury
Product Liability
Professional Negligence

Public Law

Administrative Law
Aged Care
Appellate
Commissions & Inquiries
Constitutional Law
Freedom of Information
Judicial Review
Privacy
Public International Law
Taxation
White Collar Crime

Qualifications

Qualifications

Bachelor of Commerce (Finance)(Melb)

Juris Doctor (Melb)

Master of Laws (Melb)

Admitted

Victoria

Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia

Recent Cases

Appeals

Feeney & Anorv Southstar Homes Pty Ltd (VSCA – S EAPCI 2023 0102 – ongoing) (led by A Dinelli KC) – contractual interpretation, implied terms, prevention principle
Yume Group Holdings Pty Ltd v Ashthorn Ca Pty Ltd (VSCA – S EAPCI 2024 0012 – ongoing) (led by F Bentley) – contractual interpretation
Julia Kukuy v Timothy Mark Shuttleworth Holden (as Liquidator of Jay Invest Property Pty Ltd (in liq)) & Anor (VSCA – S EAPCI 2023 0026 – e.g. [2023] VSCA 331 – ongoing) (led by C Rome-Sievers) – appeal from order appointing liquidator as receiver over trust assets
Hastie Group Limited (in liq) & Ors v Multiplex Constructions Pty Ltd & Ors (FCAFC – VID41/2023 – resolved) (led by P Fary SC) – validity of post-liquidation drawings upon bank guarantees

State Supreme Courts

Douglas v Nelson (VSC – S ECI 2023 05559 – judgment reserved) (unled) – appeal from VCAT order for possession
International Assets Pty Ltd & Anor v Rubin & Ors (VSC – S ECI 2021 03184 – ongoing) (led by J Evans KC) – misleading or deceptive conduct, fraud, equitable accessorial liability
Beecham Motors Pty Ltd v GM Holden Australia NSC Pty Ltd (VSC – S ECI 2020 04789 – e.g. [2023] VSC 640 – trial judgment reserved) (led by J Giles SC and A McRobert) – class action, interpretation of franchise agreement, implied terms
Bull & Bear Vineyards Pty Ltd (In Liquidation) v Entain Group Pty Ltd (NSWSC – ongoing) (led by C Rome-Sievers) – fiduciary duties, equitable accessorial liability
Ballarat Motor Holdings Pty Ltd & Anor v General Motors Holden Australia NSC Pty Ltd & Ors (VSC – S ECI 2021 00822 – ongoing) (led by J Moore KC) – breach of contract, misleading or deceptive conduct, good faith, unconscionable conduct
Drew v Drew (VSC – S CI 2017 04815 – settled) (led by J Evans KC) – constructive and resulting trusts, trespass to land
Re Revroof Pty Ltd (Administrators Appointed) (VSC – S ECI 2022 05288 – determined) (unled) – extension of convening period during voluntary administration

Federal Court and Circuit Court

Meneses v Meneses (FedCFamC2G – (P)MLC9081/2023 – ongoing) (led by D Snyder) – fiduciary duties, tracing, equitable subrogation
Endless Solar Corporation Limited v ASIC, re Speedpanel Australia Ltd (No 2) [2023] FCA 1290 (led by E Bennett SC) – reinstatement of deregistered company
Kerbage v Fridman [2023] FedCFamC2G 1004 (unled) – review of sequestration order
Humphrey v Industrial Demolition Services Pty Ltd & Ors (FCA – VID 175/2018 – settled) (led by J Evans KC) – shareholder oppression
Re Criniti’s Southern Italian Cuisine Pty Ltd (In Liquidation) (FCA) – NSD991/2022 – ongoing) (unled) – unfair preference claim
Hodgers v ASIC (FCA – VID477/2023 – determined) (unled) – validity of members’ resolution commencing liquidation

County Court of Victoria

Southstar Homes Pty Ltd v Form8 Constructions Pty Ltd (No 2) [2023] VCC 1545 (unled) – costs, interest
Southstar Homes Pty Ltd v Form8 Constructions Pty Ltd & Ors [2023] VCC 1420 (unled) – contractual interpretation, implied terms, prevention principle, assignment of contractual rights

Publications

08 February 2023

Insolvency Law Update – High Court holds that statutory set off is not available as a defence to an unfair preference claim

Memberships

Law Institute of Victoria