Ms Aimee Kinda

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Aimee Kinda is a commercial barrister at the Victorian Bar.  A significant part of her practice is in bankruptcy and corporate insolvency, as well as other matters arising under the Corporations Act.  Aimee also accepts briefs in other areas of law, including Probate/TFM and Government/Administrative law.

 

Before coming to the Bar, Aimee was a solicitor with ASIC for over four years.  As part of her role she provided legal advice to ASIC, conducted compulsory examinations, conducted Supreme and Federal Court litigation and was involved in AAT proceedings reviewing ASIC’s decisions. 

 

Aimee was also Associate to Justice Mandie in the Supreme Court of Victoria for three years (2004-2007) while his Honour managed the Corporations List and later the Victorian Taxation Appeals List, hearing matters in the Commercial and Equity Division. 

 

 

RECENT PUBLICATIONS, PAPERS AND PRESENTATIONS:

 

  • ·         Author of Chapter 3.4 "Bankruptcy and other proceedings under the Bankruptcy Act - acting for the non-business debtor" in Springvale Legal Service's Lawyers Practice Manual Victoria, published by Thomson Reuters (from 2013)
  • ·         Regular presenter of recent bankruptcy cases (Victorian Bankruptcy Discussion Group, from 2012)
  • ·         Presenter of various CPD and Foundation seminars at Leo Cussen Institute, including Enforcement, Debt Recovery, Civil Litigation, Lawyers’ Skills, Commercial and Corporate Practice (from 2012)
  • ·         Enforceable Undertakings - an overview (Greenslist Breakfast Briefings, 18 October 2012) - paper available on Greenslist profile
  • ·         Replacement of Associations Incorporation Act 1981 by Associations Incorporation Reform Act 2012 (Eastern Suburbs Legal Association, 19 February 2013)
  • ·         Reporter for the Victorian Reports (from 2013)

 

SELECTED CASES:

 

Supreme Court of Victoria

 

  • ·         Appearances in directions hearings in Commercial List, Corporations List and Testator Family Maintenance List, and in various applications to wind up a company or to reinstate a deregistered company
  • ·         In the matter of the Will and Estate of Stella Lucy Harding (Deceased), S CI 2013 03275 (settled at mediation) acted for executor in TFM claim for further provision from the estate of the deceased
  • ·         In the matter of Wooltara Australia Pty Ltd (in liq); Andron (Aust) Pty Ltd v Hall & ors, S CI 7513 of 2010 (settled before trial) acted for creditor bringing claims under s588G against directors for insolvent trading
  • ·         In the matter of E.M.A. Start Pty Ltd (in liq), S CI 2012 4065 (decided 21 September 2012) appeared for director/Company in application to set aside orders placing Company into liquidation
  • ·         Macro Financial Services Pty Ltd v Twoville Pty Ltd, S CI 2012 6129 (decided 14 November 2012) acted for Company in application to set aside statutory demand on grounds of genuine dispute
  • ·         ABL Nominees Pty Ltd & ors v Brakatselos & ors, S CI 2009 5451 (decided 18 June 2012) application to vacate self-executing orders and leave to file amended defences; ABL Nominees Pty Ltd & ors v Brakatselos & ors [2012] VSC 265, judicial review of Associate Justice's decision, led by Michael Galvin for the Defendants
  • ·         Rescom Asia Pacific Pty Ltd v Reapfield Property Consultants Pte Ltd [2014] VSC 41; acted for creditor in application to set aside statutory demand on grounds of genuine dispute / offsetting claim

 

Court of Appeal

 

  • ·         Rescom Asia Pacific Pty Ltd v Reapfield Property Consultants Pte Ltd [2014] VSCA 92; application for leave to appeal decision of Associate Justice not to set aside statutory demand, led by Carrie Rome-Sievers for the Respondent

 

Liability limited by a scheme approved under Professional Standards legislation.

Formal Details 0

  • Admitted to Practice
    06 November 2002
  • First Signing Bar Roll
    03 May 2012
  • Qualifications
    LLB (Hons), BA

Areas of Speciality

  • Banking & Finance
  • Building & Construction
  • Corporations & Securities
  • Equity
  • Insolvency Law
  • Property & Probate