Division of Bar Roll:
Victorian Practising Counsel
Profile:
Sam practices extensively in all aspects of commercial, property and insolvency litigation. He appears in all Courts across Victoria.
Specific areas of practice:
- Real property law
- Retail and commercial leases
- Corporate insolvency
- Mortgages and securities
- Contract disputes
- Personal Property Securities law
- Corporations law
- Joint ventures and partnerships
- Equity
- Trusts
Sam's expertise is in the preparation of cases, focusing on legal reasoning and analysis of the evidence to identify key issues, and in the examination and cross examination of witnesses.
Sam’s 2017 article entitled “Opposing Applications to Wind Up a Company in Insolvency”, which is on the List website, deals with the nature of the evidence which must be adduced by a company to successfully oppose a winding up application. Read article here
In addition to his work at the Bar, Sam has instructed in Civil Litigation at the Leo Cussen Institute for Continuing Legal Education
Recent cases in which Sam has appeared include:
- Appearing for an investor in a managed investment scheme against a claim by the liquidator of the scheme.
- Appearing in an application for security for costs against the receiver of a managed investment scheme.
- Advising the purchaser of a unit off-the-plan in respect of changes made by the developer to the proposed plan of subdivision.
- Appearing for an estate agent claiming commission on sales against a developer in which the developer alleged the agent’s authority was void under section 50 of the Estate Agents Act 1980.
- Appearing for an estate agent against a claim by the purchaser of a residential unit off-the-plan for misleading or deceptive conduct.
- An application to oppose an amendment demand by a subsequent creditor under the Personal Property Securities Act 2009.
- Advising on the validity of the appointment of a company controlled by the appointor as trustee under a family trust.
Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk
have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.