Carrie is a commercial law barrister practising primarily in the areas of insolvency and corporations law, equity and trusts, bankruptcy, restitution, and banking and finance. 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 cases in which Carrie has been briefed to appear is listed below.
Carrie has advised and appeared for directors, liquidators, administrators and creditors in a range of insolvency matters – see the cases listed below. An area of particular interest in insolvency is trading trusts with corporate trustees in liquidation or other external administration. She has written several articles on the recent, important appeal decisions in Amerind (Victorian Court of Appeal) and Killarnee (Full Federal Court). Other areas of expertise include fraud, restitution, Barnes v Addy claims against third parties in cases of misuse of corporate or trust property, and taxation law issues arising in the insolvency context. Carrie’s publicly available articles and case reviews may be read on this website.
Carrie’s other corporations law and commercial work has included shareholders oppression actions, contract disputes, directors duties, and professional negligence (accounting advice). Carrie’s work in equity and trusts has included a complex church property trust dispute, advising external administrators on a range of trust and property law issues, including the rules of tracing into mixed funds , and advising a statutory body on issues of restitution and of legal and equitable assignment or transfer of assets.
Best Lawyers in Australia 2018, 2017 and 2016 – Insolvency and Reorganisation Law – Peer Review – published by the Australian Financial Review
Doyles Guide of Leading Commercial Litigation & Dispute Resolution Junior Counsel – Victoria 2018 and 2017 – Peer Review – published by Doyles Guide
Doyles Guide of Leading Insolvency & Restructuring Junior Counsel – Victoria 2018 and 2017 – Peer Review – published by Doyles Guide
Selection of recent cases
Re Cameron Lane Pty Ltd (in liq); Playaround Pty Ltd v Peter Robert Vince  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)  VSC 65 – an 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 are as to its application in payment of the solicitors’ fees. Due to the nature of the common law lien, the solicitors’ right was merely a passive right to retain the sum, without a power to pay themselves the fees owing by the insolvent client on multiple files. There was doubt as to the liquidators’ power to direct payment, arising by virtue of the then principle in Re Amerind (before it was overturned on appeal on 28 February 2018) that a trustee’s right of indemnity was property of the trust, not the trustee. Power was sought for the company as a bare trustee to be conferred under s 63 of the Trustee Act.
Re Bendigo Central Pharmacy Pty Ltd  VSC 419 – an application to set aside a statutory demand. Key issue was the Graywinter principle, and whether the plaintiff had a genuine dispute raised in the 21 day affidavit expressly, by necessary inference or by available inference
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 include 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)  533 – which decision went to the Court of Appeal – Curve Engineering Pty Ltd & Ors v Apollo General Engineering (Aust) Pty Ltd (in liq)  VSCA 182 (with Jim Peters QC)
Re Makan Brothers Pty Ltd (in liquidation)  VSC (unreported decision of Robson J) – contested application on behalf of the Liquidator brought under s 483(1) of the Corporations Act for delivery up of funds of the Company to the Liquidator. For a review of the key principles and leading authorities on s 483(1) applications see here.
The Presbyterian Church of Victoria Trusts Corporation v Anstee & Ors (No 1)  VSC 297, The Presbyterian Church of Victoria Trusts Corporation v Anstee & Ors (No 2)  VSC 102 and The Presbyterian Church of Victoria Trusts Corporation v Anstee & Ors (No 3)  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  VSC 426 (with Michael Shand QC)
Nelson v Ji  FCCA 3573 – a bankruptcy dispute in which the client trustees in bankruptcy claimed an interest in the marital property by way of a Cummins v Cummins constructive or resulting trust, trial adjourned
Yeo v Weeden  VSC 156 – a bankruptcy dispute involving issues of trustees’ powers and alleged abuse of process (with the Hon Donnell M Ryan QC)
Rescom Asia Pacific Pty Ltd v Reapfield Property Consultants Pte Ltd  VSCA 92 – Court of Appeal – appeal from the dismissal of an application to set aside a statutory demand (leading A L Kinda)
- Commercial Bar Association of Victoria.
- Law Council of Australia – Insolvency and Reconstruction Law Committee
- Women in Insolvency and Restructuring Victoria (WIRV)
Carrie’s contact details are as follows:
Lonsdale Chambers, level 10 of Castan Chambers, 460 Lonsdale St, Melbourne
Phone: (03) 9225 8308
Clerk: (03) 9225 8558 (www.listgbarristers.com.au)
Liability limited by a scheme approved under Professional Standards Legislation