Nick Kotzman
- Commercial Law Intellectual Property
- Tort Law Employment & Industrial
Since signing the Bar Roll in 2020, Nick has developed a broad commercial practice covering corporations, insolvency, property, and competition and consumer law. He has appeared, led and unled, in trial and appellate courts and in the Australian Competition Tribunal. He is briefed by firms of all sizes, and regularly runs matters himself from first advice through to settlement or judgment.
His practice includes:
- contractual disputes, misleading or deceptive conduct and other Australian Consumer Law claims;
- disputes arising from M&A and commercial property transactions;
- competition law matters, including advising parties under investigation for alleged Part IV contraventions;
- shareholder oppression claims and directors’ duties proceedings;
- proceedings and applications for liquidators, including judicial advice and directions, receivership appointments, remuneration applications and voidable transaction proceedings; and
- debt and security enforcement matters, including mortgagee power of sale proceedings.
Nick also acts for examinees in compulsory examinations before ASIC and the ACCC, and in liquidators’ public examinations.
He is often briefed on time-sensitive matters, such as urgent injunctions and freezing orders, applications to set aside statutory demands, winding-up applications, and caveat and co-ownership disputes.
Before coming to the Bar, Nick was a solicitor at Herbert Smith Freehills in its disputes and transactional practice groups. There he acted for major corporate and financial services clients, including on contested mergers. He was also associate to the Hon John Middleton AM KC, then a judge of the Federal Court of Australia.
Nick has published in the Australian Journal of Competition and Consumer Law, and holds a BA and JD from the University of Melbourne. He read with Peter Wallis KC, with Nicholas De Young KC as his senior mentor.
Liability limited by a scheme approved under Professional Standards Legislation
Contact
- M0400 304 180
- E[email protected]
- Connect on Linkedin
Aickin Chambers
Level 14, Room 11
200 Queen Street
Melbourne VIC 3000
Jane King
03 9225 8558
Expertise
- Appellate
- Banking & Finance
- Class Actions
- Competition
- Consumer Law
- Contractual Disputes
- Corporate Insolvency
- Corporations & Securities
- Equity & Trusts
- Insurance
- Real Property
- Regulatory Investigations
- Bankruptcy
- Consumer Credit
- Energy & Resources
- Residential & Retail Tenancies
- Private International Law
- Appellate
- Confidential Information
- Copyright & Designs
- Information Technology
- Telecommunications
- Class Actions
- Commissions & Inquiries
- Product Liability
- Professional Negligence
- White Collar Crime
- Restraint of Trade
Qualifications
Bachelor of Arts (Media and Communications) (Melb)
Juris Doctor (Melb)
Victoria
High Court of Australia
Federal Court of Australia
State and Territory Courts and Tribunals
Recent Cases
LBJ Developments Pty Ltd v Brencorp Lilydale Pty Ltd (S ECI 2025 05336); [2026] VSC 474 – joint venture contractual dispute – briefed by Baker McKenzie; led by J Giles SC, with R Marsh
5G Networks Ltd v Centralnic Ltd (S EAPCI 2024 0035); [2025] VSCA 253 – appeal on proper construction of commercial contract – briefed by Cornwalls; led by A Meagher KC
RNC Nominees Pty Ltd proceedings (S ECI 2026 03660 and S ECI 2025 02167); [2026] VSC 378; [2025] VSC 224 – security enforcement proceedings and related matters – briefed by Mills Oakley; in part unled, and in part led by H Austin KC
Central Real Capital Pty Ltd v Fielding (S ECI 2026 03634) – freezing orders application – briefed by Mills Oakley; led by H Austin KC
Pinewood Community Financial Services Ltd v Bendigo and Adelaide Bank Ltd (S ECI 2025 05196) – application for urgent injunctive relief – briefed by Sharrock Pitman Legal; led by A Meagher KC
Varnsen Investments Pty Ltd v SRR Investment Group Pty Ltd & Anor (CI-25-00323) – loan and guarantee claim – briefed by Danaher Moulton; unled
Aurelius Marvel One Ltd v Orica Investments Pty Ltd (S ECI 2023 01729) – breach of warranty and misleading or deceptive conduct claim – briefed by Baker McKenzie; led by H Austin KC, with H Douglas
Duanmu v KPSS Development Pty Ltd & Anor (S ECI 2024 01952) – security for costs application – briefed by Norton Rose Fulbright; unled
Smash Enterprises Pty Ltd & Ors v Euromark Ltd (S EAPCI 2021 0082); [2022] VSCA 267 – appeal on unconscionable conduct, breach of contract – briefed by K&L Gates; led by P Wallis KC
Next Stage Living Moonee Ponds Pty Ltd v Ardmillan Place Nominees Pty Ltd [2022] VSC 89 – sale of land and assets dispute – briefed by MinterEllison; led by P Willis SC
Jowett Motor Group Pty Ltd v Pentana Solutions Pty Ltd (CI-20-01601); [2022] VCC 2118; [2023] VCC 1916 – breach of contract and misleading or deceptive conduct, claim dismissed – briefed by KCL Law; led by P Wallis KC
Tramways/East Melbourne RSL Sub-Branch Inc v Kew RSL Sub-Branch Inc & Anor (CI-23-01061) – detinue and conversion claim – briefed by J Morrow; unled
Setka v Dalton & Anor (S ECI 2018 02591); [2021] VSC 604 – substantive legal professional privilege dispute – briefed by Horton Rhodes; led by M Borsky KC and K Loxley
Pentana Solutions Pty Ltd v Titan Dealer Management Solutions Pty Ltd (VID585/2020) – copyright infringement; misuse of market power – briefed by KCL Law; led by P Wallis KC
FRP Pools & Spas Pty Ltd v Allnex Resins Australia Pty Ltd (S ECI 2018 01519) – product liability; insurance claims – briefed by Allens; led by K Foley
Somers & Ors v Box Hill Institute (S ECI 2020 01535) – discovery dispute – briefed by Lander & Rogers; unled
Sigma Company Ltd & Ors v Shams & Ors (CI-21-00732) – injunctive relief – briefed by K&L Gates; led by P Wallis KC
Sigma Company Ltd & Anor v Jestins Enterprises Pty Ltd & Anor (CI-20-00411) – re-instatement of proceedings – briefed by K&L Gates; led by P Wallis KC
Advising persons investigated by the ACCC for alleged Part IV contraventions
Acting for the Australian Medical Association in the Australian Competition Tribunal ([2022] ACompT 4) – led by D Preston
Advising and representing examinees in compulsory examinations conducted by the ACCC and ASIC
Re Windsor Development Company Pty Ltd (in liq) (S ECI 2022 00106); [2022] VSC 742; [2024] VSC 297 – court approval for long-term agreement; trustee and receivership relief; judicial directions, directions obtained – briefed by Gadens; led by S Maiden KC
Re 183 Stephensons Rd Pty Ltd (S ECI 2024 04034) – application to terminate winding up, orders made – briefed by Gadens; unled
Re Sunshine Investment Corp Pty Ltd (S ECI 2024 01034) – application to terminate winding up, orders made – briefed by Gadens; unled
Re Oz Linen Supply Pty Ltd (S ECI 2023 05967) – application to terminate winding up, orders made – briefed by Williams Winter; unled
Re Buildko Pty Ltd (S ECI 2023 02047) – unreasonable director-related transaction claim – briefed by Gadens; unled
Re Biodental Remin Ltd (in liq) (S ECI 2021 01994) – court approval for liquidator to enter long-term agreement, approval granted – briefed by Gadens; unled
Re Z & S Camberwell Pty Ltd (in liq) (S ECI 2023 02199) – unreasonable director-related transaction claim – briefed by Harwood Andrews; unled
Advising directors and shareholders in shareholder oppression claims
Advising transnational bank on likely exposure in Supreme Court proceedings
Acting on behalf of insolvent deceased estate
Acting for retail client in claim against real estate agent
Advising defendant to breach of confidence and copyright claims
Appearing in applications to set aside statutory demands
Acting for tenants in proceedings for recovery of unpaid rent
Acting for defendant to asset freezing order application
Acting for owner of collateral in proceedings to remove PPSR registrations
Advising on breach of contract and shareholder agreement disputes
Publications
Memberships
Commercial Bar Association of Victoria