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Lionel Wirth is a commercial barrister with chambers in Melbourne, Australia.

Latest from the Blog

Removal from the roll for professional misconduct: a uniform law?

Does the application of uniform legislation in two different jurisdictions obtain uniform outcomes between the two jurisdictions? In a system under legislation starting with the word “Uniform”, in the one common law of Australia, this would be expected. But for lawyers who engage in professional misconduct, it might just be better (for them) to engage …

Chorley abolished

The High Court has abolished the much-maligned so-called Chorley exception. Solicitors are no longer entitled to recover costs in respect of their time spent on their own litigation: Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29. Background The law with respect to the power to award costs, as generally understood until Pentelow, was as …

Some interesting things

For something a bit different, this post concerns a few interesting law-related things rather than anything substantive. The Staircase The Netflix original series The Staircase is a documentary series following a murder prosecution in North Carolina. Not only is it entertaining as a human story, it provides a fascinating insight into the (criminal) litigation process …

Areas of practice

Insolvency and corporations

  • Statutory demands and bankruptcy notices
  • Bankruptcy annulment
  • Voidable transactions
  • Liquidators’ and trustees’ claims
  • Oppressive conduct
  • Directors’ duties and liability of third parties

Contractual and related disputes

  • Misleading or deceptive conduct, unconscionable conduct and estoppel
  • Australian Consumer Law
  • Employment, partnerships and joint ventures
  • Debt, damages and equitable remedies

Building and construction

  • Domestic
  • Commercial
  • Insurance

Property

  • Sale of land
  • Caveats
  • Co-ownership disputes
  • Real and personal property securities
  • Commercial and retail leases

Public law

  • Judicial and merits review
  • Disciplinary and regulatory
  • Professional conduct and licensing
  • Prosecutions and pleas