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Rebecca McCarthy

QUALIFICATIONS  
ADMITTED  2016    BAR  2020

CLERK CONTACT  03 9225 7999
PHONE  9225 7999
MOBILE  0449 967 105
EMAIL  rebecca.mccarthy@vicbar.com.au

Rebecca McCarthy,

AREAS OF PRACTICE

  • Magistrates Court
  • Administrative Law
  • Bankruptcy and Insolvency
  • Building and Construction
  • Class Actions
  • Commercial Law
  • Contract
  • Corporations
  • Defamation
  • Equity / Equitable Relief / Trusts
  • Family Law
  • Human Rights
  • Immigration / Migration
  • Probate / Wills / Part IV
  • Professional Negligence
  • Securities
  • Superannuation
  • Taxation Law

ENQUIRIES: dever@vicbar.com.au

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Experience

Rebecca practises in commercial law and has particular interest and expertise in insolvency, corporations, contract, equity and trusts disputes.

Since joining the Victorian Bar, Rebecca has appeared both led and unled in trials and applications in the Supreme Court of Victoria, the Federal Court of Australia, the Federal Circuit and Family Court of Australia, the County Court of Victoria, the Magistrates’ Court of Victoria and the VCAT. Between November 2020 to March 2021, Rebecca acted as assistant to the Honourable Susan Crennan AC in the conduct of a private international arbitration.

Before coming to the Bar, Rebecca was Associate to the Honourable Associate Justice Gardiner of the Supreme Court of Victoria, where Rebecca gained experience in interlocutory applications and trials brought under the Corporations Act 2001 (Cth). Before this, Rebecca worked as a solicitor in the commercial litigation team at Frenkel Partners Lawyers.

Rebecca is regularly briefed in applications to set aside statutory demands, winding up applications, applications on behalf of liquidators for directions from the Court and to appear in public examinations and voidable transaction proceedings.

Rebecca holds a Bachelor of Laws (Hons) from the University of Adelaide and is undertaking a Master of Laws at the University of Melbourne specialising in commercial subjects. Rebecca is also a sessional academic at Deakin University, teaching Evidence Law.

Rebecca is a member of both the Law Council of Australia Young Lawyers Committee and of the Victorian Bar New Barristers’ Committee.

Rebecca read with Peter Fary SC and her senior mentor is Penny Neskovcin KC.

Selected Cases

Harman v Coram Investments Pty Ltd [2023] VCC 1187 – Application for dismissal or permanent stay of proceeding, for the plaintiff, led by Andrew Meagher.

Gountzos (as liquidator of GVE Hampton Pty Ltd) (In Liq) v Krok [2022] VSC 539 –Application by the liquidator for Court approval of a compromise, for the liquidator, led by Carl Moller SC.

Saaticho Pty Ltd & Ors v EVR Group Pty Ltd & Ors [2022] VSC 45 – Injunction to restrain incursion into plaintiffs’ airspace, for the plaintiffs.

Re Wynyard Victoria Pty Ltd [2022] VSC 81 – Application to set aside statutory demand, for the defendant.

Shangri-La Construction Pty Ltd v GVE Hampton Pty Ltd (In Liq) [2021] VSC 161 – Application for appointment of special purpose liquidator, for the respondent liquidator.

Doxa Youth Foundation & Ors vs Doxa Community Club & Ors S ECI 2021 02968 – Oppression proceeding, led by Christopher Brown, settled prior to trial.

In the matter of SOCA Nominees Pty Ltd (In Liquidation) S ECI 2022 04842 – Application for appointment of receiver over trust assets and for relief from liability on part of Company pursuant to s 85 of the Trustee Act 1925 No 14 (NSW), for the liquidator.

Official Trustee in Bankruptcy v Veitch MLG433/2022 – Application for declaration of vesting of beneficial ownership in Official Trustee and sale of land, for the Official Trustee, settled prior to trial.

In the matter of Project Volar Creditors’ Trust established in the administration of Virgin Australia Holdings Ltd & Ors No. 2021/00247797 – Application for leave to file an amended proof of debt pursuant to s 81 of the Trustee Act 1925 (NSW), for the Applicant.

W Capital 18 Pty Ltd v LWB Development Pty Ltd & Ors - Supreme Court of Victoria – breach of contract, estoppel, led by Peter Fary SC, settled prior to trial.

DS & KCC Enterprises Pty Ltd v Jimmy and Jangs Enterprises Pty Ltd S ECI 2021 02490 – Oppression proceeding, for the plaintiff, settled prior to trial.

Clear Logistics Australia Pty Ltd v Naracoopa Mineral Sands Pty Ltd VID578/2022 – Injunction for the delivery up of a Vessel, for the Respondent, led by Sam Rosewarne KC.

ASIC v Arandez VID338/2022 – Application pursuant to section 1323(1)(k) of the Corporations Act 2001 (Cth), for the Respondent, led by Michael Gronow KC.

Jackson v Edsall S ECI 2020 04574 – Application by executor of deceased estate for orders to allow sale of deceased’s property, for the plaintiff.



Liability limited by a scheme approved under Professional Standards Legislation.