Lucy Kirwan has been at the Bar for over 10 years, and has been acting in litigious matters for almost 20 years.
She practises in a wide range of matters involving commercial/corporate disputes, insolvency, administrative law/judicial review, trusts & estates, professional discipline & negligence, insolvency, claims concerning historical child sexual abuse and regulatory matters, such as extradition and bankruptcy. She has a broad appearance and advice practice, and is regularly briefed without a leader. Lucy enjoys difficult and challenging cases.
Lucy’s recent experience includes:
- acting for former directors of listed companies in complex actions for alleged breaches of directors’ duties (led and unled);
- acting in a longstanding extradition proceeding involving objections under section 19 of the Extradition Act 1988 (Cth);
- acting for borrowers and guarantors in relation to managed investment scheme loans;
- applications by a trustee for approval/directions in relation to dealing with trust property;
- personal injury claims involving historical child sexual abuse against religious, governmental and educational institutions;
- acting for lenders and receivers in secured lending disputes;
- acting for legal practitioners and regulators in relation to professional disciplinary matters;
- advising regulators on statutory construction & interpretation.
Lucy graduated from the University of Melbourne with LLB (Hons) and BSc (Hons).
Some examples of published decisions in which Lucy has appeared include the following:
Commercial and insolvency disputes:
- application of Anshun estoppel principles in relation to group proceedings: Timbercorp Finance Pty Ltd (in liquidation) v Collins; Timbercorp Finance Pty Ltd (in liquidation) v Tomes (2016) 259 CLR 212; [2016] HCA 44 (with B W Walker SC and M K Condon SC) and the preceding trial and appeal judgments: [2015] VSC 461; [2016] VSCA 461
- validity and operation of powers of attorney and guarantees in relation to loans for managed investment schemes: Bendigo and Adelaide Bank Ltd v DY Logistics Pty Ltd [2018] VSC 558 (with D G Robertson QC)
- insolvent managed investment schemes – applications to terminate grower rights: Re Gunns Plantations Limited (No 6) (Tumbarumba Estate) [2015] VSC 425; Re Gunns Plantations Limited (No 5) (Tasmanian Forestry Estate) [2015] VSC 420; Re Gunns Plantations Limited (No 4) [2014] VSC 369 (all with P D Corbett QC)
- statutory construction of the unreasonable director related transaction provisions in the Corporations Act 2001 (Cth): Vasudevan v Becon Constructions (Australia) Pty Ltd (2014) 41 VR 445; [2014] VSCA 14 (with L Glick QC)
- application to terminate a deed of company arrangement and appoint a liquidator: Canadian Solar v ACN 138 535 832 Pty Ltd [2014] FCA 783
- dispute about scope of arbitration agreement: Amcor Packaging (Australia) Pty Ltd v Baulderstone Pty Ltd [2013] FCA 253 (with J W K Burnside QC)
Applications by trustees for directions
- appeared for the Inspector-General in Bankruptcy on an application by a bankruptcy trustee for directions: Yeo & Rambaldi as Trustees of the Bankrupt Estate of Sandles v Sandles [2020] FCCA 988 (with A P Young QC)
- applications by appointed manager of a legal practice for directions in relation to trust moneys: Hubble-Marriott v Voon [2022] VSC 152 (with S Senathirajah QC); Hubble-Marriott v Voon (No 2) [2022] VSC 253 (unled)
Administrative/regulatory disputes:
- appeal against refusal to grant extradition bail (judicial review of magistrate's decision): Tsvetnenko v United States of America (2019) 269 FCR 225; [2019] FCAFC 74 (with A P Young QC)
- operation of subrogation provisions concerning Fidelity Fund claims in the Legal Profession Act 2004: Delahunty v Victorian Legal Services Board [2017] VSCA 327 (with E Moran QC)
- judicial review of migration decision: AKD16 v Minister for Immigration (2016) 315 FLR 228; [2016] FCCA 3026 (with J W K Burnside QC)
Privilege & public interest immunity disputes:
- crime-fraud exception to legal privilege: Amcor Ltd v Barnes [2011] VSC 341 (with J D Elliott SC)
- application for stay of inspection of documents: Amcor v Barnes [2011] VSC 347 (with J W K Burnside QC)
- various legal professional privilege disputes: Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd [2011] VSC 406; Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd [2011] VSC 477 (both with Dr S McNicol)
- inspection of subpoenaed documents; objections on basis of public interest immunity: De Simone v Legal Services Board [2015] VSC 9 (unled)
- application for confidential hearing concerning potentially privileged documents: Ambridge Investments Pty Ltd (in liq) (recvr app’td) v Baker (No 4) [2013] VSC 178 (unled)
Interlocutory & costs disputes
- applications concerning adequacy of interrogatories & discovery: Lenscak v Trustees of the Marist Brothers (No 1) [2020] VSC 766; Lenscak v Trustees of the Marist Brothers (No 2) [2021] VSC 49 (both with J R C Gordon)
- summary applications for stay or dismissal of proceedings: Garrett v Legal Services Commissioner [2015] VSC 465; Garrett v Legal Services Board [2015] VSC 599; Garrett v Legal Services Commissioner [2015] VSC 772 (all unled)
- costs disputes including in respect of application for reduction on basis of litigant conduct: Amcor Ltd v Barnes (No 5) [2013] VSC 51; Amcor Ltd v Barnes (No 10) [2012] VSC 294 (both with J D Elliott SC & Dr S McNicol)