Division of Bar Roll:
Victorian Practising Counsel
Qualifications:
LL.B. (Hons) (Mon), BA (Adel)
Previous Occupation:
Judge's Associate; Solicitor
Accepts briefs from in-house counsel Profile:
Nic practices primarily in commercial law, professional liability and insurance law. Nic was previously Associate to the Honourable Justice Murphy in the Federal Court of Australia, and a solicitor at Lander & Rogers.
Some matters in which Nic has been briefed are listed below.
Corporations
- Australian Securities and Investments Commission v Merlin Diamonds Limited [2019] FCA 1546; [2020] FCA 990 (appointment of provisional liquidator, led by M Osborne KC as His Honour then was)
- Re Bionic Vision Technologies Pty Ltd S ECI 2020 02439 (for administrators, led by P L Ehrlich KC)
- Re Freestyle Technology Limited [2020] VSC 36 (shareholder oppression, led by P L Ehrlich KC)
- Re Keath’s Excavations Pty Ltd S ECI 2018 00105 (shareholder oppression)
- Manning v Singh & Anor S ECI 2019 01966 (shareholder oppression)
- TSSI Mawson Lakes Pty Ltd v Unicorn Crystal Holdings Pty Ltd & Ors (shareholder oppression and breach of joint venture agreement, led by P L Ehrlich KC, then I M Martindale KC)
Partnerships, trusts and joint ventures
- Re Cropak Pty Ltd S ECI 2018 01315; S ECI 2018 (led by P L Ehrlich KC)
- Kogan v Eydlish S CI 2016 2407 (account between partners, led by P L Ehrlich KC)
- Yap v Lee [2019] VSC 743 (administration suit following loss of trust deed, led by P L Ehrlich KC)
Professional liability and consumer protection
- Hindle v Ultra Tune Australia Pty Ltd CI-17-03723 (debt; professional negligence)
- JB Asset Management & Anor v LBA Capital & Ors [2023] VSC 183 (successful strike-out of claims of unconscionable conduct, led by P L Ehrlich KC, with R Kornhauser)
- Panayiotides v Australian Securities and Investments Commission [2018] AATA 2383 (review of banning order, led by P L Ehrlich KC, then S Rubenstein)
- Rickhuss v Nguyen [2023] NSWCA 249 (class action, led by J Tesarsch)
- Rossi Group Pty Ltd v South Gippsland Shire Council & Ors [2018] VCAT 1356 (consumer law)
- Schiavon (VWA) v Fox Hay Timber and Hardware Pty Ltd (OHS prosecution, 14 November 2018)
Contracts, construction and real property
- Alphington Developments Pty Ltd (Glenvill) v Amcor Limited (No 5) [2023] VSC 637; (No 4) [2021] VSC 6 (led by M Osborne KC as His Honour then was, then D V Aghion, with A Downie, G Douglas, C Hender)
- Baptist & Anor v Lang & Anor [2021] VCC 29 (specific performance of settlement agreement)
- Bar Chambers Pty Ltd v Flagship (Penny Place) Pty Ltd & Anor ERD258/2018 (led by P L Ehrlich KC)
- Hancock & Anor v Niran & Anor CI-18-05776 (adverse possession)
- Gledhill v Scotia Property Maintenance Pty Ltd [2019] VCAT 422 (limitations)
- Nashed v AMT Design and Construction Pty Ltd [2018] VCAT 208 (costs)
- Next Stage Living Moonee Ponds Pty Ltd v Ardmillan Place Nominees Pty Ltd [2022] VSC 89 (loss of bargain, led by P L Ehrlich KC, with R Kornhauser)
- Owners Corporation PS326716M v Zheng (Owners Corporations) [2022] VCAT 1082
- Owners Corporation PS409045Y v Scharmberg [2019] VCAT 887
Common law
- Assadi v Director of Public Housing CI-15-02697 (public liability, led by S Loftus)
- Ezra Abrahams Pty Ltd v Milburn [2017] VSCA 355 (appeal from judgment following no-case submission, led by D V Aghion)
- Gonsal v Burgess Muirs Pty Ltd CI-20-00128 (workers' compensation, led by V Morfuni KC)
- Graham v Milisits & Ors S CI 2017 02458 (workers’ compensation, led by P Hayes KC)
- Informatie Technologisch Bureau Compuphase v Profile Music Australia Pty S ECI 2018 00938 (enforcement of foreign judgment)
- Total and Permanent Disability claims for plaintiffs
- Yacht Club Sopot SP. Z. O.O. v the ship Monster Project & Anor NSD2390/2018 (maritime mortgage enforcement, led by E Cox SC)
Regulatory and public law
- advice on Therapeutic Goods Administration device recalls
- advising and acting for the Victorian Pharmacy Authority, including appearing in merits review applications concerning professional licensing and registration
- pro bono migration matters
- prosecutions under the Occupational Health and Safety Act 2004 (Vic)
Nic is past treasurer of the list committee of Svenson Barristers, a longtime member of Scope Victoria’s Human Research Ethics Committee, and an author of the Victorian Supreme Court practice chapter in Thomson Reuters' Practical Law.
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.