Vicky Priskich practices as a barrister and arbitrator. She is experienced in international commercial arbitrations conducted under SIAC, UNCITRAL and ICC Rules.
Vicky is a National Councillor of the Chartered Institute of Arbitrators (CIArb), Convenor of the Victorian Chapter of CIArb and a Fellow of CIArb.
Vicky acts as counsel and arbitrator across a broad range of complex commercial disputes including, oil and gas farm-in, gas supply, shareholder and distributorship agreements. She has a detailed knowledge of trusts law and has acted as counsel in commercial and family trust disputes and has appeared in banking and finance disputes in the Supreme and Federal Courts.
Vicky is co-author of Lender Liability (Thomson Reuters, 2016) with Professor James O’Donovan. She received her doctorate in law from the University of Melbourne on the subject of liability and insolvency of corporate groups.
Her experience includes:
Banking and Financial Products
Acting for financiers and banks in the enforcement of commercial loan agreements, overdrafts, and guarantees. Advising a commercial customer on its liability to a bank for dishonoured cheques from an overseas third party involving over $2 million.
Acting for Westpac Banking Corporation in defending a claim based on conversion of cheques, restitution and breach of duty of care in respect of cheques irregularly applied by an accountant.
Appearing in proceedings for the Australian Prudential Regulation Authority in the Federal Court of Australia concerning breaches of the Banking Act, mareva orders and tracing funds through the banking system; Australian Prudential Regulation Authority v Siminton  FCA 336.
Appearing in proceedings for the Australian Prudential Regulation Authority in the Federal Court of Australia for contempt of court orders prohibiting transfer of funds in bank accounts; Australian Prudential Regulation Authority v Siminton (No 3)  FCA 397.
Acting for a financier in proceedings against a fraudulent insurance broker who purported to provide Lloyds of London insurance. Involved claims of breach of a commercial loan agreement, misleading and deceptive conduct, and restitution for mistaken payments.
Appearing in proceedings involving use of Bloomberg fair value curves and long dated bonds to estimate debt risk premium. Amount in dispute AUD10.5 million; Application by Envestra Ltd (No 2)  ACompT 3.
Appearing in proceedings involving reference to callable bonds, ‘make whole’ callable bonds, bonds with coupon resets, CBASpectrum fair value curve to estimate debt risk premium; Application by Jemena Gas Networks (NSW) Ltd (No 5)  ACompT 10.
International commercial arbitration involving obligations under a gas supply agreement of guaranteed supply of daily contract quantity and delivery priority.
International commercial arbitration concerning contractual interpretation of obligations under a cost and revenue sharing farm-in agreement.
Counsel in proceedings regarding the estimate of debt risk premium. Involving financial services provider Bloomberg fair value curve and long-dated bonds. Amount in dispute: AUD10.5 million; Application by Envestra Ltd (No 2)  ACompT 3.
Counsel in proceedings involving callable bonds, ‘make whole’ callable bonds, bonds with coupon resets, CBASpectrum fair value curve to estimate the debt risk premium; Application by Jemena Gas Networks (NSW) Ltd (No 5)  ACompT 10.
Counsel in proceedings involving the interpretation of the National Gas Rules as to calculation of and adjustment to the opening capital base and corresponding adjustments to remove the effect of the rate of return on capital. Amount in dispute: AUD10.12 million; Application by Jemena Gas Networks (NSW) Ltd (No 3)  ACompT 6.
Counsel appearing in a dispute involving disapproval of certain operating costs and cost escalators. Amount in dispute: AUD151.3 million; Application by EnergyAustralia and Others  ACompT 8.
Counsel in proceedings involving whether outsourcing expenditures involved in the roll out of smart meters in Victoria fell within range of permissible expenditures under the Advanced Metering Infrastructure Order. Amount in dispute: AUD8.4 million; Application by United Energy Distribution Pty Ltd  ACompT 10.
Commercial, Equity and Trusts
International commercial arbitration involving a distribution agreement for beverage products.
Acting for BHP Billiton in Supreme Court proceedings led by Charles Scerri QC concerning the design and construction of a gas plant in Victoria.
Acting for administrators in a Supreme Court proceeding concerning managed investment schemes. Seeking to set aside commercial transactions based on alleged breaches of trustee’s duties, breach of directors’ duties and accessorial liability of other companies within the corporate group.
Appearing in a Federal Court proceeding on behalf of unit holders in a commercial unit trust regarding imprudent and improper investments and replacement of trustee; Valuestream Investment Management Ltd v Richmond Management Pty Ltd  FCA 898.
Appearing in Supreme Court proceedings to set aside uncommercial contracts entered into by a director of a corporate trustee of a unit trust. Alleged breaches of director’s duties by entering into related party transactions; Vigliaroni v Concrete Precast Systems Pty Ltd  VSC 253.
Appearing in Supreme Court proceedings claiming and tracing assets misappropriated from a commercial unit trust. Involving breaches of duties by a director of corporate trustee; Vigliaroni v CPS Investment Holdings Pty Ltd  VSC 254.
Counsel in an application for leave to appeal to the High Court of Australia concerning equitable set-off of contractual claims involving a breach of a financial support agreement and whether equitable set-off excluded by contract.
Appearing in the Federal Court seeking an order pursuant to s 447A of the Corporations Act to vary a deed of company arrangement; Silvia, In the matter of FEA Plantations Ltd (administrator appointed)  FCA 469.
Appearing in a Federal Court proceeding to vary the power of a trustee of a managed investment scheme to alter the rights of members of the schemes and to wind up the schemes; In the matter of FEA Plantations Ltd (subject to deed of company arrangement) (receivers appointed)  FCA 1331.
Advising a trustee of a foundation regarding the scope of the class of beneficiaries falling within the terms of the trust and trustee’s power of delegation.
Counsel in Federal Court proceedings against Telstra Corporation concerning the scope and capabilities of the Next G Mobile Network throughout Australia; Australian Competition and Consumer Commission v Telstra Corporation Limited  FCA 1904.
Counsel appearing in Federal Court proceedings involving an international price fixing cartel for paper products, extra territorial operation of legislation, liability of companies within a corporate group; Australian Competition and Consumer Commission v April International Marketing Services Australia Pty Ltd (No 6)  FCA 704.
Counsel in Federal Court proceedings seeking leave to serve proceedings on parties outside of the jurisdiction; Australian Competition and Consumer Commission v April International Marketing Services Australia Pty Ltd  FCA 735.
Appointments and Memberships
O’Donovan & Priskich, Lender Liability (2016) (Thomson Reuters)
"Equitable set-off: Principles, application and exclusion by contract" (2014) 22 Insolvency Law Journal 115
"Cheques and conversion: Five different categories of fraud" (2012) 23 Journal of Banking and Finance Law and Practice 214
"Liability of a payee on a cheque for conversion and moneys had and received - Heperu Pty Ltd v Perpetual Trustees Australia Ltd" (2011) 34 Australian Bar Review 214
"Theft, Fraud and Mistaken Payments: Personal and Proprietary Remedies" (2008) 19 Journal of Banking and Finance Law and Practice 163
“Funds Recovery From Fraudulent Deposit” (2004) 20 Australian Banking and Finance Law Bulletin 70
"Bank Liability When Customer is Fraudulent" (2002) 18 Australian Banking and Finance Law Bulletin 65
“Corporate Groups: Current Proposals for Reform in Australia, the UK and a Comparative Analysis of the Regime in Germany” (2002) 4 International and Comparative Corporate Law Journal 37
“CASAC’s Proposals for Reform of the Law Relating to Corporate Groups” (2001) 19 Companies and Securities Law Journal 250
“A Statutory Business Judgment Rule in Australia: Proposals and Policy” (1999) 27 Australian Business Law Review 38
“Webb Distributors Revisited: The Interaction between the Principle of Preservation of Share Capital in Winding Up to Claims for Misleading and Deceptive Conduct” (1998) 16 Companies and Securities Law Journal 35