Lucy Kirwan

• Commercial Law
• Competition
• Equity
• Inquests & Inquiries
• Insurance & Reinsurance
• Professional Negligence
• Public Law

Lucy Kirwan has been at the Bar for over 10 years, and has been acting in litigious matters for almost 20 years.

She practises in a wide range of matters involving commercial/corporate disputes, insolvency, administrative law/judicial review, trusts & estates, professional discipline & negligence, insolvency, claims concerning historical child sexual abuse and regulatory matters, such as extradition and bankruptcy.  She has a broad appearance and advice practice, and is regularly briefed without a leader.  Lucy enjoys difficult and challenging cases.

Lucy’s recent experience includes:

• acting for former directors of listed companies in complex actions for alleged breaches of directors’ duties (led and unled);
• acting in a longstanding extradition proceeding involving objections under section 19 of the Extradition Act 1988 (Cth);
• acting for borrowers and guarantors in relation to managed investment scheme loans;
• applications by a trustee for approval/directions in relation to dealing with trust property;
• personal injury claims involving historical child sexual abuse against religious, governmental and educational institutions;
• acting for lenders and receivers in secured lending disputes;
• acting for legal practitioners and regulators in relation to professional disciplinary matters;
• advising regulators on statutory construction & interpretation.

Lucy graduated from the University of Melbourne with LLB (Hons) and BSc (Hons).

Some examples of published decisions in which Lucy has appeared include the following:

Commercial and insolvency disputes:

• application of Anshun estoppel principles in relation to group proceedings: Timbercorp Finance Pty Ltd (in liquidation) v Collins; Timbercorp Finance Pty Ltd (in liquidation) v Tomes (2016) 259 CLR 212; [2016] HCA 44 (with B W Walker SC and M K Condon SC) and the preceding trial and appeal judgments: [2015] VSC 461; [2016] VSCA 461
• validity and operation of powers of attorney and guarantees in relation to loans for managed investment schemes: Bendigo and Adelaide Bank Ltd v DY Logistics Pty Ltd [2018] VSC 558 (with D G Robertson QC)
• insolvent managed investment schemes – applications to terminate grower rights: Re Gunns Plantations Limited (No 6) (Tumbarumba Estate) [2015] VSC 425; Re Gunns Plantations Limited (No 5) (Tasmanian Forestry Estate) [2015] VSC 420; Re Gunns Plantations Limited (No 4) [2014] VSC 369 (all with P D Corbett QC)
• statutory construction of the unreasonable director related transaction provisions in the Corporations Act 2001 (Cth): Vasudevan v Becon Constructions (Australia) Pty Ltd (2014) 41 VR 445; [2014] VSCA 14 (with L Glick QC)
• application to terminate a deed of company arrangement and appoint a liquidator: Canadian Solar v ACN 138 535 832 Pty Ltd [2014] FCA 783
• dispute about scope of arbitration agreement: Amcor Packaging (Australia) Pty Ltd v Baulderstone Pty Ltd [2013] FCA 253 (with J W K Burnside QC)

Applications by trustees for directions

• appeared for the Inspector-General in Bankruptcy on an application by a bankruptcy trustee for directions: Yeo & Rambaldi as Trustees of the Bankrupt Estate of Sandles v Sandles [2020] FCCA 988 (with A P Young QC)
• applications by appointed manager of a legal practice for directions in relation to trust moneys: Hubble-Marriott v Voon [2022] VSC 152 (with S Senathirajah QC); Hubble-Marriott v Voon (No 2) [2022] VSC 253 (unled)

Administrative/regulatory disputes:

• appeal against refusal to grant extradition bail (judicial review of magistrate’s decision): Tsvetnenko v United States of America (2019) 269 FCR 225; [2019] FCAFC 74 (with A P Young QC)
• operation of subrogation provisions concerning Fidelity Fund claims in the Legal Profession Act 2004: Delahunty v Victorian Legal Services Board [2017] VSCA 327 (with E Moran QC)
• judicial review of migration decision: AKD16 v Minister for Immigration (2016) 315 FLR 228; [2016] FCCA 3026 (with J W K Burnside QC)

Privilege & public interest immunity disputes:

• crime-fraud exception to legal privilege: Amcor Ltd v Barnes [2011] VSC 341 (with J D Elliott SC)
• application for stay of inspection of documents: Amcor v Barnes [2011] VSC 347 (with J W K Burnside QC)
• various legal professional privilege disputes: Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd [2011] VSC 406; Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd [2011] VSC 477 (both with Dr S McNicol)
• inspection of subpoenaed documents; objections on basis of public interest immunity: De Simone v Legal Services Board [2015] VSC 9 (unled)
• application for confidential hearing concerning potentially privileged documents: Ambridge Investments Pty Ltd (in liq) (recvr app’td) v Baker (No 4) [2013] VSC 178 (unled)

Interlocutory & costs disputes

• applications concerning adequacy of interrogatories & discovery: Lenscak v Trustees of the Marist Brothers (No 1) [2020] VSC 766; Lenscak v Trustees of the Marist Brothers (No 2) [2021] VSC 49 (both with J R C Gordon)
• summary applications for stay or dismissal of proceedings: Garrett v Legal Services Commissioner [2015] VSC 465; Garrett v Legal Services Board [2015] VSC 599; Garrett v Legal Services Commissioner [2015] VSC 772 (all unled)
• costs disputes including in respect of application for reduction on basis of litigant conduct: Amcor Ltd v Barnes (No 5) [2013] VSC 51; Amcor Ltd v Barnes (No 10) [2012] VSC 294 (both with J D Elliott SC & Dr S McNicol)

Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.