Carrie is a commercial law barrister practising with a focus on insolvency and corporations law, equity and trusts, fraud, contract and restitution. She is experienced in advocacy, pleadings and opinion work principally in the Supreme Court of Victoria, the Court of Appeal, and the Federal Court of Australia. A selection of recent cases in which Carrie has been briefed is listed below.

Carrie appears for and advises liquidators, administrators, trustees, directors and creditors in a range of matters. An area of particular interest is trading trusts with corporate trustees in liquidation or receivership. She has written several articles on the important decisions in Carter Holt Harvey (Amerind)  (High Court appeal in 2019, and the Victorian Court of Appeal decision below it) and Jones v Matrix Partners (Killarnee)  (Full Federal Court in 2018). Other areas of expertise include fraud, restitution and Barnes v Addy claims against third parties in cases of misuse of corporate or trust property. Carrie’s publicly available articles and case reviews may be read on this website.

Carrie is also a nationally accredited mediator, and has experience conducting mediations remotely both interstate and internationally via Zoom.

Recognition

Best Lawyers in Australia – each year 2016-2023 inclusive – Insolvency and Reorganisation Law – Peer Review – published by the Australian Financial Review and Best Lawyers Australia

Doyles Guide of Leading Insolvency & Restructuring Junior Counsel – Australia – each year 2019-2023 inclusive – Peer Review

Doyles Guide of Leading Commercial Litigation & Dispute Resolution Junior Counsel – Victoria – each year 2017-2023 inclusive – Peer Review

Doyles Guide of Leading Insolvency & Restructuring Junior Counsel – Victoria – each year 2017-2023 inclusive – Peer Review

Selection of recent cases

ACN 073 705 263  v Australian Trailer Solutions Group Pty Ltd (Supreme Court of Victoria S ECI 2023 00552) – breach of contract for sale of business, misleading and deceptive conduct alleged – leading Nicole Tyson

Unnamed case in the Supreme Court of Victoria, 2023-4 – company funds misdirected for gambling at casinos – public examination proceedings on behalf of the liquidators – leading Rebecca McCarthy then Jessica Apel

Unnamed case in the Federal Court, 2023 – application to replace liquidators – decision of O’Callaghan J

In the matter of Jay Invest Property Pty Ltd; Kukuy v Holden (Court of Appeal of Victoria S EAPCI 2023 0026) – appeal of decision below to appoint the liquidator as receiver of the assets of a trust – leading Leo Freckelton

ADG Digital Pty Ltd v Trigon Trading Pty Ltd (Administrators Appointed) [2023] FCA 232 – application for stay of pre-administration order that $5.9m of funds paid in from a bank in the Bahamas and held in Court be released to the plaintiff – digital asset trading company in administration – plaintiff claimed funds paid into Court had been held for it on (a quistclose) trust – r 41.03 of the Federal Court Rules 2011 (Cth) – Part 5.3A, ss 440D, 468, 447A of the Corporations Act 2001 (Cth) – decision of Button J

Holden v Kukuy (No 2); Re Jay Invest Property Pty Ltd (in liq) [2023] VSC 54 – application by liquidator for appointment as receiver of trust assets with power to sell – decision of Elliott J

Bull & Bear Vineyards Pty Ltd (in liq) v Entain Group Pty Ltd VID756/2021 (Federal Court) – company funds misdirected for online gambling – Public examinations conducted on behalf of a liquidator in Melbourne in 2022 and 2023 – leading Rebecca McCarthy, then Leo Freckelton

Wang v ASIC [2023] AATA 1568 – review of decision by ASIC to disqualify a director from managing corporations under s 206F of the Corporations Act – decision set aside

Re Dysin Investment Partners Pty Ltd & Ors [2021] – unreported decision of Lyons J, Victorian Supreme Court, 26 March 2021 – application for the winding up of DIP Anthony Street Pty Ltd on the just and equitable ground and in insolvency

Re Dysin Investment Partners Pty Ltd & Ors [2021] – unreported decision of Garde J, Victorian Supreme Court, 10 February 2021 – application for the appointment of provisional liquidators over the second defendant DIP Anthony Street Pty Ltd, a company holding the key assets of an unregistered investment scheme (property development), and for freezing orders over other companies and individuals 

Bauen Concrete Pty Ltd (Receivers appointed)(in liq) v GVC Australia Pty Ltd (Federal Court, VID490/2020) – misdirection of company funds for gambling – claims against online gambling company for knowing receipt and knowing assistance  (Barnes v Addy – both limbs), restitution, Black v Freedman Trust, unreasonable director-related transactions and uncommercial transactions (led by Scott Nixon SC, as he then was)

Re IPO Wealth Holdings No 2 Pty Ltd (No 2) [2020] VSC 733 (6 Nov 2020) – application to wind up the IPO Wealth managed investment scheme companies on the just and equitable ground; and in insolvency in respect of the borrower company IPO Wealth Holdings Pty Ltd (trading as Mayfair 101 Holdings) (led by Jonathan Evans QC) – decision of Robson J

Re IPO Wealth Holdings No 2 Pty Ltd [2020] VSC 549 (9 Sept 2020) – application for the receivers of the IPO Wealth companies to be appointed provisional liquidators of the companies pending hearing of the application to wind up on the just and equitable ground – decision of Robson J

Re IPO Wealth Holdings No 2 Pty Ltd [2020] – unreported decision of Robson J, Victorian Supreme Court, 22 May 2020 – unregistered managed investment scheme – application by the trustee of the IPO Wealth Fund to appoint receivers to the SPV companies of the IPO Wealth group, having exercised its power as secured creditor to appoint receivers to the borrower company IPO Wealth Holdings Pty Ltd (trading as Mayfair 101 Holdings)

Re Waratah Group Pty Ltd (in liq) [2020] VSC 523 – application by liquidators for appointment as receivers and managers of trust assets, alternatively for power of sale over trust assets – decision of Delany J

Hughes as liquidator of Apex Minerals NL and Apex Gold Pty Ltd v Eshuys & Ors (Federal Court in Western Australia – WAD144/2019) – Acting for the executive chairman of a formerly listed company and its subsidiary which had developed and operated gold projects in WA in an action for alleged insolvent trading – 2019-2020 – (led by Philip Crutchfield QC)

Memberships

• Law Council of Australia – Insolvency and Reconstruction Law Committee
• Commercial Bar Association of Victoria
• Women in Insolvency and Restructuring Victoria (WIRV)
• ARITA
• INSOL International

Carrie’s contact details are as follows:

Lonsdale Chambers, level 10, 460 Lonsdale St, Melbourne

Phone: (03) 9225 8308

Clerk: (03) 9225 8558  (www.listgbarristers.com.au)

Email: romesievers@vicbar.com.au

Liability limited by a scheme approved under Professional Standards Legislation