Profile

Carrie is a commercial law barrister practising with a focus on insolvency and corporations law, equity and trusts, bankruptcy 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 has advised and appeared for directors, liquidators, administrators, trustees 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.

Recognition

Best Lawyers in Australia – each year 2016-2020 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 – 2019 and 2020 – Peer Review

Doyles Guide of Leading Commercial Litigation & Dispute Resolution Junior Counsel – Victoria – each year 2017-2020 inclusive – Peer Review

Doyles Guide of Leading Insolvency & Restructuring Junior Counsel – Victoria – each year 2017-2020 inclusive – Peer Review

Selection of recent cases

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

Re IPO Wealth Holdings No 2 Pty Ltd [2020] VSC 549 – application on behalf of the trustee of the IPO Wealth investment fund for receivers to be appointed provisional liquidators of IPO Wealth Holdings Pty Ltd (trading as Mayfair 101 Holdings), pending the hearing of the application to wind up on the just and equitable ground (ongoing)

Acting for the respondents to an application for freezing orders and search orders in the Supreme Court of Victoria (ongoing)

Acting for the executive chairman of a formerly listed company and its subsidiary which had developed and operated gold projects in WA, both in liquidation, in Federal Court proceedings in Western Australia in an action for alleged insolvent trading (led by Philip Crutchfield QC, ongoing)

Acting for the liquidators of a company in a proceeding in the Federal Court of Australia involving misappropriated funds issued against a company which runs on online gambling business. Claims include restitution, Black v Freedman trust, Barnes v Addy knowing receipt and knowing assistance, unreasonable director-related transactions (led by Scott Nixon SC, ongoing)

Multiple unnamed cases – Public examinations conducted in the Federal Court in Melbourne in December 2018-February 2019, and in the Federal Court in Sydney in November 2019-March 2020

Re Kasbah Moroccan Imports (VIC) Pty Ltd (administrators appointed) – Federal Court – March 2019 – adjournments of a winding up application obtained on behalf of the administrators to allow creditors to consider a DOCA

Northway Panels (Vic) Pty Ltd & Ors v Adrian John Warry and Shane Leslie Deane (as joint receivers and managers) and Admiralty Drive Pty Ltd [2018] VSC 581 – 24 September 2018 – an urgent injunction application to restrain receivers from acting on their appointment and seeking a declaration under s 418A of the Corporations Act that their appointment was invalid. Successfully resisted for the receivers.

ASIC v Realestate Equity Investment Trust – Federal Court proceedings – July-September 2018 – advising and providing written submissions on behalf of a non-party claimant regarding an equitable secured interest in the property of a managed investment scheme, arising under a musharakah agreement.

Re Cameron Lane Pty Ltd (in liq); Playaround Pty Ltd v Peter Robert Vince [2018] VSC (14 August 2018, unreported decision of Efthim AsJ) – an appeal by a creditor from a liquidator’s decision to reject a proof of debt, by way of application under s 90-15(1) of Schedule 2 of the Corporations Act. Successfully resisted for the liquidator.

Re Mamounia Pty Ltd (in liq)(No 3) [2018] VSC 65 – briefed as contradictor – application by liquidators of a  trustee of a trading trust for directions – a sum of trust funds was held by solicitors under a general possessory common law lien, and questions arose as to the liquidators’ power to apply it in payment of the solicitors’ fees – power was also sought for the company as a bare trustee to be conferred under s 63 of the Trustee Act

Apollo General Engineering (Aust) Pty Ltd (in liq) & Ors v Culve Engineering Pty Ltd & Ors – County Court and Supreme Court of Victoria proceedings (2013-2017) – insolvent trading, uncommercial transactions, subrogation. Pre-trial applications included to dismiss for want of prosecution, and to substitute the executrix of the deceased estate of the third defendant as a party following his death, to defend the insolvent trading claims. The latter was appealed to Robson J – Re Apollo General Engineering (Australia) Pty Ltd (in liquidation) [2016] 533 – which decision went to the Court of Appeal –  Curve Engineering Pty Ltd & Ors v Apollo General Engineering (Aust) Pty Ltd (in liq) [2017] VSCA 182 (led by Jim Peters QC)

The Presbyterian Church of Victoria Trusts Corporation v Anstee & Ors (No 1) [2016] VSC 297, The Presbyterian Church of Victoria Trusts Corporation v Anstee & Ors (No 2) [2017] VSC 102 and The Presbyterian Church of Victoria Trusts Corporation v Anstee & Ors (No 3) [2017] VSC 520 – a complex charitable property trust dispute involving breaches of trust and questions of proprietary remedies and tracing. It has also involved several legal professional privilege disputes one of which may be found at The Presbyterian Church of Victoria Trusts Corporation v Anstee & Ors [2014] VSC 426 (led by Michael Shand QC)

Memberships

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

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

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