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Experience

Peter has an extensive commercial law practice. He has appeared in a number of long and complex matters, including at the appellate stage. He acts in and advises in connection with substantial commercial matters in areas of administrative law, contracts, corporations and securities law, equity and trusts, insolvency, insurance law, intellectual property, landlord and tenant, product liability, professional negligence, property law, trade practices and wills and estates.

Peter has appeared in and advised in connection with a number of class actions, including securities actions involving managed investment schemes (including recently Banksia, Willmott, Great Southern), product liability and environmental law.

Doyles Guide – Leading or recommended Professional Indemnity Senior Counsel 2020, 2021, 2022

Peter accepts briefs as a mediator.

A selection of cases he has recently appeared in are:

LL UP Pty Ltd v Kegland Distribution Pty Ltd [2024] VSC 651 (25 October 2024)

Company oppression, trusts, unclean hands

Australian Securities Ltd v Victorian Managed Insurance Authority [2024] VSC 542 (6 September 2024)

Domestic Building Insurance – right of financier to recovery indemnity

Carl Finance Pty Ltd v Argent Law Pty Ltd [2024] VSC 424 (22 July 2024)

Recitals in deed created binding obligations

Independent Tube Mills Pty Ltd (in liq) v Corplex Pty Ltd [2024] VSC 267 (24 May 2024)

Subrogation and assignability in insurance

Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors (No 6) [2024] VSC 171 (10 April 2024)

Election between remedies

Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors (No 5) [2024] VSC 6 (25 January 2024)

Remedies: damages and account of profits

Zhang v Zhang & Anor [2024] VSC 3 (16 January 2024)

Cross-vesting – removal from Supreme Court of Victoria to Federal Court of Australia

Sun v Sunshine International Australia Pty Ltd [2023] VSC 696 (29 November 2023)

Shareholder oppression

Mikkelsen v Li [2023] VSCA 255 (26 October 2023)

Misleading and deceptive conduct and contributory negligence

Krongold v Thurin [No 2] [2023] VSCA 210 (5 September 2023)

Costs: referral of questions to Court of Appeal

Krongold v Thurin [2023] VSCA 191 (17 August 2023)

Federal jurisdiction – referral power from Victorian Civil and Administrative Tribunal to Supreme Court of Victoria

Laird v Vallance [2023] VSCA 138 (8 June 2023)

Constructive trust – proprietary estoppel – representations by parents to son

Yin v Wu [2023] VSCA 130 (1 June 2023)

Foreign judgments – enforcement of judgment of Chinese Court. Summary judgment – restitution

Sam v Wu & Ors (Ruling) [2023] VCC 582 (18 April 2023)

Discovery, limitation, determination as to when loss suffered

Vanta Pty Ltd v Mantovani [2023] VSCA 53 (16 March 2023)

Lost trust deed – whether as a consequence trust property held on a constructive trust

Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors (No 3) [2023] VSC 135 (21 March 2023)

Breach of fiduciary duty – election between remedies.

Teico Investments & Anor v WA Blue Gum Limited & Anor [2022] VSC 379 (5 July 2022)

Managed investment scheme – trustees duties – defective Product Disclosure Statement

Taleb v Rijal [2022] VSC 259 (25 May 2022)

Motor vehicle, entitlement to hire car

Certain Underwriters at Lloyd's of London v Dhillon Scaffolding Pty Ltd [2022] VSCA 92 (18 May 2022)

Appeal, insurance, reasonable precautions requirement

Yehia v Williams [2022] VSC 197 (22 April 2022)

Motor vehicle, entitlement to hire car

Zivkovic v Parke [2022] VSCA 43 (31 March 2022)

Contract, settlement of proceedings, conditions precedent

Dugan v Process Holdings Pty Ltd (No 3) [2021] VSC 737 (12 November 2021)

Fiduciary duty – claim by shareholder that directors owed him fiduciary duties – damages – pleading

Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors [2021] VSC 572 (13 September 2021)

Breach of fiduciary duty, accountants, appropriation of business opportunity

Hamilton v Dominican Province of the Assumption & Anor [2021] VSC 261 (14 May 2021)

Limitations, personal injury, sexual abuse claim

Allen in his capacity as administrator of Walden Cloud Group Pty Ltd (Administrators Appointed), in the matter of Walden Cloud Group Pty Ltd (Administrators Appointed) [2021] FCA 97 (10 February 2021)

Corporate insolvency, administration, sale and purchase of real estate

SF Cosentino Pty Ltd v Glendining [2020] VSCA 149 (9 June 2020)

Appeal: sale of business, guarantee

Braham v ACN 101 482 580 Pty Ltd [2020] VSCA 108 (6 May 2020)

Appeal – professional negligence, solicitors, managed investment scheme

Nom De Plume v Ascot Vale Self Storage [No 2] [2020] VSCA 70 (27 March 2020)

Appeal – insolvent trading, breach of financing agreement

Danbol Pty Ltd v Swiss Re International Se [2020] VSC 23 (7 February 2020)

Insurance – whether contract of insurance entered into

Ascot Vale Self Storage Pty Ltd (in Liq) v Nom de Plume Pty Ltd [2019] VSC 794 (4 December 2019)

Abuse of process – whether permanent stay warranted

Re Ballanbrae Pastoral Coy Pty Ltd [2019] VSC 808 (7 December 2019)

Wills and estates – executors commission

Re 99A Furlong Road Pty Ltd [2019] VSC 528 (2 August 2019)

Restraining lawyers from acting

SXIQ Pty Ltd v Kalmus [2019] VSC 429 (28 June 2019)

Employment law – summary dismissal for misconduct

Orwin v Rickards [2019] VSC 375 (7 June 2019)

Professional negligence – lawyers – family law

Professional negligence – solicitors liability for financial agreement under Part VIIIA of the Family Law Act

The Edge Development Group Pty Ltd v Jack Road Investments Pty Ltd [2019] VSCA 91 (24 April 2019)

Contract – whether agreement subject to contract

MA & J Tripodi Pty Ltd (v Swan Hill Chemicals Pty Ltd [2019] VSCA 46 (12 March 2019)

Damages – lost opportunity

Liability limited by a scheme approved under Professional Standards Legislation