Profile

 

 

Admitted to Practice:	7 April 1988
Signed Bar Roll:	28 May 1998
Qualifications:	BA (Melb), LL.B (Melb), LL.M (Monash)

Background

In my time as a solicitor, I worked with Hall & Wilcox and Mallesons Stephen Jaques for a total of ten years. For four years prior to coming to the Bar, I was an Associate with Hall & Wilcox and an accredited commercial litigation specialist with the Law Institute of Victoria.

I have recently presented papers in respect of, among other things:

"Mortgagee Recovery Proceedings";

"Mortgage Disputes, Disputes between borrowers and lenders, and Disputes between lenders and lenders";

"Caveats - Essential Step or Tactical Weapon?"; and

“Remedies for Breach of Contracts for Sale of Land”.

Profile

Interlocutory, trial and appellate advocacy, pleadings and opinion work in the Supreme, Federal, County and Magistrates Court in a broad range of commercial disputes in the areas of property (especially mortgage-related property), contracts, corporations law and insolvency.

I have also appeared before tribunals such as Courts Martial, Chief of Defence Force Commissions of Inquiry, VCAT and the Legal Practice Board.

I am currently completing a Graduate Diploma in Military Law at ANU.

Recent examples of appearances in mortgage cases: 

• Ranmor Finance ats Mathas - Supreme Court (Osborn J). \

Appeared as counsel successfully opposing plaintiff's application for interlocutory injunction to restrain mortgagee sale. Mortgage dispute involving mortgagee taking possession of property and listing property for mortgagee sale, with sale listed for next day.

• Ranmor Finance and Dworjanyn - Supreme Court (Mukhtar As J) Link: [2010] VSC 334. 

Appeared as counsel successfully obtaining summary judgment (leave to defend was granted on basis that principal sum due under the mortgage be paid into court).

Mortgage dispute involving mortgagee taking possession of property and listing property for mortgagee sale

Example of appearance in contempt case:

• Senrub Nominees Pty Ltd and Flinders – Supreme Court (Cavanough J).

Appeared as counsel for mortgagee who had obtained possession of secured property by execution of warrant of possession, to be confronted a short time later by borrower, who had re-taken possession of the property. Consent orders made not to interfere with sale process

Recent Example of appearances in caveat removal cases: 

• Alcor Nominees and Braham - Supreme Court (Davies J).

Appeared as counsel for lender successfully seeking order for removal of caveat lodged by owner alleging that he had been fraudulently removed from title – mortgage in default and mortgagee wishing to sell.

Examples of appearances in fraud cases: 

• Dimasi & Anor v Nangiloc Colignan Farms Pty Ltd (No 3) - Federal Magistrates' Court (McInnes FM). Link: [2006] FMCA 1562

Appeared as counsel successfully opposing application to set aside bankruptcy notice.

Dispute involving debtor alleging payment in cash and relying on fraudulent receipt with forged signature of creditor's employee. Court found debtor perpetrated forgery, and thereby acted fraudulently, and subsequently ordered costs on an indemnity basis against debtor (see Dimasi & Anor v Nangiloc Colignan Farms Pty Ltd (No 4) - [2006] FMCA 1605).

Examples of appearances in ADF cases: 

I am a Lieutenant in the Royal Australian Naval Reserve, and I act as a Legal Officer, appearing at Courts Martial for accused members of the Australian Defence Force.

I appear for potentially affected persons in Chief of Defence Force Commissions of Inquiry (which are convened when a Defence Member is killed while on duty).

I appeared in the Private S CDF COI in August / September 2010, for 4 sitting weeks, as well as 4 weeks of preparation and follow up paperwork. 

I am also available to undertake administrative inquiries into defence-related matters.