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Lionel Wirth is a commercial barrister and mediator with chambers in Melbourne, Australia.
Latest from the Blog
VCAT jurisdiction: yet another dimension
It seems that the challenges to VCAT’s jurisdiction are never-ending. Recently, in Casualife Australia Pty Ltd v ANI Commercial Storage Pty Ltd [2023] VSC 576, Tsalamandris J held that a dispute about a particular lot of goods was exclusively within VCAT’s jurisdiction, notwithstanding the prosecution in the County Court of a dispute between the same…
The limits of VCAT’s jurisdiction
The Court of Appeal has highlighted the severe restriction on VCAT’s jurisdiction that arises from federal issues. Practitioners conducting matters in VCAT will need to understand, and be vigilant of, the extent of federal jurisdiction and consider the consequences for disputes that are or might be in it, or might be brought within it. Introduction…
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…
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
Lionel Wirth 