Nunzio Lucarelli KC practises in large, complex commercial litigation. He is experienced in all facets of trial and appellate advocacy in the Supreme Court of Victoria, the Supreme Court of Western Australia, the Federal Court of Australia and the High Court of Australia. He also appears in international commercial arbitrations.
Before being called to the Victorian Bar, Nunzio was a solicitor at Arthur Robinson & Co. (now Allens) and later was associate to the Hon Justice Woodward of the Federal Court.
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MEMBERSHIP & ASSOCIATIONS
Fellow, Chartered Institute of Arbitrators, 2018
Graduate of the Australian Institute of Company Directors, 2015
Chair, Commercial Bar Association, Insolvency Law Section, 2000 - 2012
Member, Insolvency section of the Law Council of Australia, 2000 - 2016
PUBLICATIONS
"The mortgagee’s power to appoint a receiver: does the power extend to an appointment to a natural person and, if so, what is the extent of the power?" - 2023
"Are You and Your Clients Ready? Unfair Contract Terms Turn into Pecuniary Penalties" - 2023
"Solicitors' Duties as to the Preparation of Expert Reports: Recent Developments" - 2023
"Assignment of Causes of Action: Billabong Gold Pty Ltd v Vango Mining Ltd [No 2] [2023] WASCA 58" - 2023
"Recent Developments in the Mortgagee's Duties in Exercising a Power of Sale" - 2023
"Insolvency: Recent Developments in the Law of Unfair Preferences: The Recent Decisions of the High Court in Metal Manufacturers Pty Ltd v Morton and Bryant v Badenoch Integrated Logging Pty Ltd" - 2023
"Privacy Law: Data Breaches and Director's Duties" - 2023
"A Refresher on the Law of Trusts: A Discussion Paper" - 2023
"Beneficiary Litigation for Breach of Trust" - 2022
"The Principles of Pleadings: The Supreme Court of Western Australia; Statement of Claim: Simon the Likeable v Kaos Systems Pty Ltd" - 2022
"The New Commercial Morality - The Boundaries of the Law of Unconscionable Conduct in Australia after Stubbings v Jams 2 Pty Ltd" - 2022
“The date for the assessment of damages for breach of contract” - 2020
“The impact of COVID-19 on commercial leases in Victoria” - 2020
“Breach of directors’ duties and oppression actions” - 2020
“Statutory unconscionable conduct after ASIC v Kobelt” - 2019
“Equitable remedies for commercial transactions outside of contract” - 2018
“Mediations in Commercial Litigation: The Legislative and Common Law Framework for Legal Practitioners and Mediators” – 2017
"Proportionate Liability Under Section 18 of the Australian Consumer Law: the impact of the High Court's decision in Selig v Wealthsure Pty Ltd" - 2016
"The New Commercial Morality: The Boundaries of Unconscionable Conduct Under Section 21 of the Australian Consumer Law" - 2015
“Opinion Evidence in Victoria: admissibility and the effects of the overarching obligations on experts” – 2011
“The development of unconscionable conduct under Part IVA of the Trade Practices Act 1974 (Cth)” – 2008
“Contempt of Court: breach of the implied undertaking” – 2007 (published in the Tasmanian Law Society Journal)
“Making the most of equitable remedies in litigation” – 2006
“Maintenance and Champerty and recent developments in litigation funding” - 2004
“Re Wakim: Cross-vesting and Back Again” – 1999 (published in the Victorian Bar News)