Search

Experience

Nicholas practises in commercial and tax law.

He has advised and appeared in matters involving: financial services (both for ASIC and for regulated entities); directors’ duties; oppression; equity and trusts; insolvency; professional negligence; property law; and direct and indirect tax (both for the Commissioner and taxpayers).

Before coming the Bar, he served as a Senior Adviser in the Corporate and International Tax Division at the Commonwealth Treasury.

Earlier, he practised as a solicitor in the Dispute Resolution team at Mallesons Stephen Jaques (as it then was). Matters included: M&A disputes; property disputes; and a major construction arbitration.

He graduated from the University of Melbourne with a Bachelor of Laws (First Class Honours), winning several prizes. He also holds a Bachelor of Science (majoring in mathematics) and a Master of Business Administration, both from the University of Melbourne. He has completed ARITA’s Insolvency Education Program.

Nicholas read with Albert Dinelli and his senior mentor is Neil Young QC.

Matters in which he has acted since coming to the bar include:

Commercial law

• Re Cleeve Group Pty Ltd [2022] VSC 342: judicial advice to trustee (led by Jim Peters AM KC)
• ASIC v Mercer Financial Advice (Australia) Pty Ltd (VID366/2022) (Federal Court of Australia): remuneration of financial advisers (led by Philip Crutchfield KC and Andrew Hanak KC)
• BBHF Pty Ltd v Sleeping Duck Pty Ltd (Supreme Court of Victoria): oppression (led by Jim Peters AM KC)
• DXN Ltd v Martincroft Pty Ltd (Supreme Court of Victoria): breach of contract (led by M Costello)
• Braham v ACN 101 482 580 Pty Ltd [2020] VSCA 108; [2020] HCASL 199: misleading and deceptive conduct (led by Andrew Hanak KC)
• Yammine v Lantrak Holdings Pty Ltd (NSD 712/2020) (Federal Court of Australia) misleading and deceptive conduct, breach of contract (led by John Karkar KC)
• Financial Services Royal Commission: acting for major superannuation fund (led by Stewart Anderson KC and Andrew Hanak KC)
• Pacific Current Group Ltd v Fitzpatrick & Ors (VID 116/2020) (Federal Court of Australia): directors’ duties (led by Philip Crutchfield KC, Chris Caleo KC)
• Traffic Technique Pty Ltd v Burgmann [2020] VSCA 319: procedual dispute; breach of confidence; breach of fiduciary duties; accessorial liability (led by A Dinelli)
• Confidential neutral evaluation (2020) (led by the Hon Susan Crennan AC KC)
• Expert evaluation (2019) (led by the Hon Susan Crennan AC KC)
• Finance & Guarantee Company Pty Ltd v Auswild (2019) 59 VR 288; [2019] VSC 664: fiduciary duties and accessorial liability (led by Stewart Anderson KC and A Bailey)
• Blue Constructions Pty Ltd v Karavias [2019] VCC 277: application for security for costs
• Koutrigaros v Green Village Poultry Pty Ltd (Supreme Court of Victoria): oppression
• Vicinity Funds RE Ltd v Li (Supreme Court of Victoria): construction of a lease; existence of equitable charge
• Nick Baldi Constructions Pty Ltd v Wormington (Supreme Court of Victoria): professional negligence as to accounting and taxation advice (led by Sam Horgan KC)
• Pacreef Investments Pty Ltd v Pacific Biotechnologies Ltd (Supreme Court of Victoria): enforcement of debt
• 8 Foods Pty Ltd v Roll’d Australia Pty Ltd (County Court of Victoria): misleading and deceptive conduct; estoppel; quantum meruit
• Dispute about priorities under the Personal Property Securities Act

Tax law

• VER Custodian Pty Ltd v Commissioner of State Revenue [2022] VSC 33: stamp duty and corporate reconstruction exemption (led by Philip Crutchfield KC)
• Deputy Commissioner of Taxation v CPG Group Pty Ltd (Federal Court of Australia): winding up application in context of pending appeal as to tax debt
• Confidential matters involving:
  • capital/revenue distinction;
  • R&D tax incentive;
  • taxation of trusts, including public trading trusts;
  • general anti-avoidance rule;
  • film tax offset;
  • land tax; and
  • stamp duty (including sub-sale provisions; transfers to a bare trust; and potential trust resettlements).

Nicholas also has an advice practice, in which he provides written and oral advice on commercial, tax and private international law issues, alone or led. He has been led by various silks, including Allan Myers AC KC; Jim Peters AM KC; Jeff Gleeson KC; Philip Crutchfield KC; and Eugene Wheelahan KC.

From 03 May 2018, liability limited by a scheme approved under Professional Standards legislation.