Ms Lucy H Kirwan

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Lucy Kirwan has experience in a wide range of commercial, administrative and insolvency matters.

She has been briefed on matters involving administrative law / judicial review, statutory interpretation, professional discipline (particularly lawyers), corporate insolvency (voluntary administrations, liquidations, managed investment schemes), client legal privilege, public interest immunity, group proceedings, misleading & deceptive conduct, shareholder disputes, equity and trusts, fiduciary / directors' duties and complex legal costs disputes.

Lucy appears most frequently in the Supreme Court of Victoria, but has also appeared in the other Victorian courts, the Federal Court and VCAT and has acted for clients during regulatory examinations.  Lucy also regularly provides written opinions to a number of clients.

Lucy holds Bachelors degrees with Honours in Law and Science from the University of Melbourne.

Previous employment

Prior to coming to the Bar, Lucy was a Senior Associate with Arnold Bloch Leibler.  She acted on a wide variety of high profile commercial and regulatory/white-collar crime matters, including ASIC and ACCC investigations and the AWB royal commission.  She acted for the McCabe family against British American Tobacco for many years. 

Lucy was also a Senior Associate with Gordon Legal representing victims of thalidomide immediately prior to coming to the Bar.

In 2002, Lucy was associate to the Honourable Justice Peter Gray, formerly of the Federal Court of Australia.

 

Cases

Decided cases in which Lucy has appeared as junior counsel include:

 

Timbercorp Finance Pty Ltd v Collins and Tomes [2016] VSCA 128 (Anshun estoppel in contet of group proceedings, Court of Appeal)

Timbercorp Finance Pty Ltd (In Liq) v Collins and Tomes [2015] VSC 461 (Anshun estoppel in context of group proceedings, Robson J)

Re Gunns Plantations Limited (No 5) (Tasmanian Forestry Estate) [2015] VSC 420 (approval of allocation of sale proceeds)

Re Gunns Plantations Limited (In Liquidation) (Receivers & Managers Appointed) (No 4) [2014] VSC 369 (application for directions by liquidators, led by Philip Corbett QC)

Vasudevan & Ors v Becon & Anor [2014] VSCA 14 (voidable transactions under the Corporations Act, led by Leslie Glick QC)

IMF Pty Ltd v Ambridge Investments Pty Ltd (receiver appointed, in liquidation) [2013] VSC 371 (stay application, led by Philip Corbett QC)

Amcor Packaging (Australia) Pty Ltd v Baulderstone Pty Ltd [2013] FCA 253 (arbitration, stay application, led by Julian Burnside QC)

Amcor Ltd v Barnes (No 5) [2013] VSC 51 (costs dispute, indemnity costs application, led by James Elliott SC (as his Honour then was) and Dr Sue McNicol)

Amcor Ltd v Barnes [2012] VSC 434 (claim for equitable relief, led by James Elliott SC (as his Honour then was))

Hodgson v Amcor Ltd; Amcor Ltd v Barnes & Ors (No 10) [2012] VSC 294 (application for costs, including on an indemnity basis, led by James Elliott SC (as his Honour then was) and Dr Sue McNicol)

Amcor Ltd v Barnes [2011] VSCA 225 (application for leave to appeal, led by Julian Burnside QC)

Amcor v Barnes [2011] VSC 347 (stay application, led by Julian Burnside QC)

Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd [2011] VSC 477 (privilege dispute, led by Dr Sue McNicol)

Amcor Limited & Ors v Barnes & Ors [2011] VSC 341 (privilege dispute, led by James Elliott SC (as his Honour then was))

 

Decided cases in which Lucy has appeared as counsel (unled) include:

Garrett v Legal Services Board [2015] VSC 599 (proceeding stayed as a result of plaintiff's bankruptcy)

De Simone v Legal Services Board [2015] VSC 9 (public interest immunity claim)

Canadian Solar v ACN 138 535 832 Pty Ltd (Subject to a Deed of Company Arrangement) [2014] FCA 783 (removal of liquidators)

 

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Liability limited by a scheme approved under Professional Standards legislation.

Formal Details 0

  • Admitted to Practice
    04 October 2004
  • First Signing Bar Roll
    19 May 2011
  • Qualifications
    BSc (Hons), LLB (Hons)

Areas of Speciality

  • Arbitration & ADR
  • Banking & Finance
  • Corporations & Securities
  • Equity
  • Insolvency Law
  • Insurance & Professional Negligence
  • International Law
  • Public Law