Division of Bar Roll:
Victorian Practising Counsel
Accepts briefs from in-house counsel Profile:
Nik practises in all areas of commercial and property law.
He welcomes both advocacy and advice briefs. Nik has a direct and practical approach to achieve optimal commercial outcomes for clients.
He has particular experience in and accepts briefs in the following types of matters:
- general commercial advice;
- complex contractual disputes;
- property law disputes (including caveats, easements, restrictive covenants);
- commercial and retail lease disputes;
- enforcement of rights under mortgages, guarantees and indemnities;
- building and construction disputes, including claims for defective works;
- common law claims for actions such as negligence, nuisance and trespass;
- town planning, valuation and land compensation (compulsory acquisition) matters;
- environmental compliance and contamination claims; and
- matters arising under the Corporations Act 2001 (Cth), including breaches of directors duties, shareholder disputes and minority shareholder oppression claims.
Nik conducts his matters with pragmatism, professionalism and discretion. He is accordingly trusted by, and frequently briefed on behalf of, valuable individual and corporate clients.
Some examples of cases in which Nik has appeared include:
- The Beautiful Dove Pharmacies Pty Ltd v MindFit Counselling Pty Ltd [2023] VSC 786 – pre-contractual representations regarding sale of company shares;
- El-Shahawy v Owners Corporation 1 Plan No. PS606836R [2023] VSC 597 – caveat removal under section 90(3) of the Transfer of Land Act 1958 (Vic);
- Koronczyk v Victorian Small Business Commissioner & Ors [2023] VSC 431 – mediation requirements under the Retail Leases Act 2003 (Vic);
- Owners Corporation 1 PS331627G v Pacific Rim Marketing Group Pty Ltd (Owners Corporations) [2022] VCAT 657 – effect of section 34D of the Subdivision Act 1988 (Vic) regarding owners corporation resolutions;
- Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3 – judicial review proceedings under the Migration Act 1958 (Cth);
- Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 7 – judicial review proceedings under the Migration Act 1958 (Cth);
- Satchell v 70 Esplanade Pty Ltd [2021] VCC 1946 – dispute under a joint venture agreement;
- S & R Toth Pty Ltd & Duxvale Pty Ltd v Australia Zhengding International Pty Ltd (Building and Property) [2021] VCAT 1059 – notice to exercise option for further term under retail lease;
- Milas v Julien Pty Ltd (Legal Practice) [2021] VCAT 1399 – professional negligence claim against solicitors;
- Stumpy Gully Holdings Pty Ltd v Doolkoora Pty Ltd (Building and Property) [2018] VCAT 1508 – legal professional privilege claim under the Evidence Act 2008 (Vic);
- Re Hunt [2017] VSC 779 – application for removal of a restrictive covenant;
- Donaldson v Natural Springs Australia Limited [2015] FCA 498 – claims of director and shareholder wrongdoing regarding transfer and registration of company shares;
- Donaldson v Natural Springs Australia Limited (No 2) [2015] FCA 1157 – application for costs against a non-party;
- Country Endeavours Pty Ltd v Casacir Pty Ltd [2013] VSC 22 – appeal against costs orders made by VCAT;
- Cervi v Letcher (2011) 33 VR 320; [2011] VSC 156 – adverse possession claim over land burdened by a carriageway easement;
- Diamond Hill Mining Pty Ltd v Huang Jin Mining Pty Ltd & Ors [2011] VSC 288 – breaches of directors duties in private mining and prospecting company;
- Australian & Pacific Investment Corporation Pty Ltd v Property Investment Management Pty Ltd [2011] VSC 44– injunction in relation to proposed sale of land;
- Hobsons Bay City Council v Tonkin & Ors [2010] VSC 252 – estoppel claim by made by landowner against municipal council;
- Manhattan Hanson Roden Pty Ltd v Melbourne CC [2010] VCAT 698 – application under section 79 of the Planning and Environment Act 1987 (Vic);
- Coles Group Limited v Hobsons Bay CC (Land Valuation) [2010] VCAT 642 – valuation objection under the Valuation of Land Act 1960 (Vic);
- Casey C129 (PSA) [2010] PPV 113 – Panel hearing for Casey Planning Scheme Amendment C129 – Clyde North Precinct Structure Plan;
- Collie Planning & Development Pty Ltd v Premier Building & Consulting Pty Ltd [2008] VSCA 146 – appeal against Supreme Court costs orders;
- Australian Securities and Investments Commission v Ross Investments (Aust) Pty Ltd [2007] FCA 1433 – breaches of the Corporations Act 2001 (Cth) regarding unsolicited offers to purchase debentures off-market;
- Strata Corporation No 117066, The Gasworks, 2 Macquarie Street, Hobart v Nine Eleven Tasmania Pty Ltd [2006] TASSC 94 – landlord and tenant dispute under commercial lease;
- Donis v Donis [2005] VSC 365 – proprietary estoppel claim arising from interest in land conferred in the context of marriage; and
- Dalla Riva v Department of Treasury and Finance (General) [2005] VCAT 2083 – freedom of information request and ‘Cabinet exception’ under the Freedom of Information Act 1982 (Vic).
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.