Search

Experience

Jonathan practices in commercial litigation.

He has a broad commercial practice involving trial and appellate advocacy, pleadings, opinion work and mediations principally in the Supreme Court and County Courts of Victoria.

He practices primarily in contracts, corporations law, insurance, real and personal property, partnerships and trusts, consumer law, banking and finance.

SELECT CASES:

SUPREME COURT OF VICTORIA

NAB v ANEW Climate LLC: Supreme Court of Victoria proceeding briefed by NAB regarding international account transfers, “Know Your Customer” regulations, freezing order, default judgment, garnishee application (with Hamish Austin KC)

GFL Developments Pty Ltd v SJ Moore Road Pty Ltd: Supreme Court of Victoria proceeding about real estate agent’s exclusive auction authority, whether certain and binding, entitlement to commission.

Manpreet Singh v Singh Associates Pty Ltd: Supreme Court of Victoria proceeding regarding unit trust dispute, alleged manufactured debts, oppression. Related subpoena disputes.

Candibon Pty Ltd v Nameplan Pty Ltd: Supreme Court of Victoria proceeding about partnership profits from greenfield site development projects. Security for costs application, subpoena dispute with implied waiver issue, further discovery applications, application to amend pleadings regarding contribution for “same damage”, application to withdraw admissions in pleadings.

Alco Aluminium Pty Ltd v Ferny Creek Store Pty Ltd & Ors: Supreme Court of Victoria proceeding briefed by lender about secured debts, consolidated loans, variations and oral terms.

Melbourne City Council v ATET: Supreme Court of Victoria proceeding briefed by MCC insurer about licence revocation, damages claim by licensee.

Tom Gibbons Pty Ltd v Vantage Integrated Services Pty Ltd & Ors: Supreme Court of Victoria proceeding about shareholder oppression.

M&R Transport (Vic) Pty Ltd v ISR Truck City Geelong Pty Ltd & Ors: Supreme Court of Victoria proceeding about shareholder oppression.

Gordion Holdings Pty Ltd v Ionnides & Ors: Supreme Court of Victoria proceeding regarding setting aside foreign default judgment, indemnity costs.

Kanyon Pty Ltd v Brett Hartwig: Supreme Court of Victoria proceeding about supplier indemnity under s 274 of ACL. Application to join third party supplier.

Archery Capital Pty Ltd v Rujan Properties Pty Ltd: Supreme Court of Victoria proceeding about enforcement of loan agreement, deed of forbearance, possession order, indemnity costs.

Frog Swamp Pty Ltd v Statewide Secured Investments Pty Ltd: Supreme Court of Victoria proceeding to set aside statutory demand; genuine dispute regarding valuation evidence (and many other statutory demand and creditors petition matters, not listed here)

Davison v Kempson: Successful appeal in Victorian Court of Appeal regarding testator family maintenance provision claim.

Secretary to the Department of Justice v YEE: Successful appeal in Victorian Court of Appeal from VCAT decision (with Phillip Solomon KC).

COUNTY COURT OF VICTORIA

SNH Products Pty Ltd (Veganpet) v Advanced Pet Care of Australia Pty Ltd: Supreme Court of Victoria proceeding about breach of supply contract, fitness for purpose, misleading and deceptive conduct, loss and damage.

Veneziano Coffee Roasters Pty Ltd v Appliance Maintenance Company Pty Ltd: County Court of Victoria proceeding briefed by insurer about applicability of Goods Act to commercial coffee roaster from USA, expert evidence about fitness for purpose.

Uebergang v AAI Limited: County Court of Victoria proceeding briefed by insurer about policy of insurance for property damage, remediation costs, inconvenience damages.

Palomares v Insurance Manufactuers of Australia Pty Ltd & Ors: County Court of Victoria proceeding briefed by insurer about policy of insurance for property damage, mould expert dispute, inconvenience damages.

Ashford v AAI Limited: County Court of Victoria proceeding briefed by insurer about policy of insurance for property damage, remediation costs, inconvenience damages (with Tyson Wodak).

Real Estate Institute of Victoria Ltd v Realestateview.com Pty Ltd: County Court of Victoria proceeding about breach of contract to produce real estate TV series, loss and damage, misleading and deceptive conduct, estoppel, quantum meruit, unjust enrichment.

Melbourne Facades Pty Ltd v CPB Contractors Pty Ltd and Lendlease Engineering Pty Ltd: County Court of Victoria proceeding about breaches of level crossing removal works contracts, written and implied terms, variations and waiver, misleading and deceptive conduct, estoppel and quantum meruit.

30HM SDA1 Pty Ltd v Accelerated Loans: County Court of Victoria proceeding about debt recovery by private lender.

Maersk Line A/S v Fertinvest Australia Pty Ltd: County Court of Victoria proceeding regarding breaches of bills of lading for shipping and freight costs.

OTHER EXPERIENCE

Brightgreen Pty Ltd v Marcott Pty Ltd: VCAT dispute regarding unlawful re-entry of leased premises, whether ‘retail premises’, whether land tax payable, whether unjust enrichment (with Robert Hay KC).

Jonathan also has extensive experience with interlocutory applications associated with all commercial disputes, including caveat removals, security for costs, subpoena applications, freezing and Mareva orders, and costs applications.

He runs The Commercial Law Barrister blog and endeavours to run a paperless practice.

"From 20th May 2011, liability limited by a scheme approved under Professional Standards Legislation."