Nicholas Guenther

• Arbitrators & Mediators
• Class Actions
• Commercial Law
• Competition
• Equity
• Inquests & Inquiries
• Insurance & Reinsurance
• Professional Negligence

Nicholas is available to appear and advise in matters involving any area of commercial law. He has particular experience in corporations and insolvency/restructuring matters, schemes of arrangement, banking litigation and debt recovery proceedings, building disputes, and class actions. His work at the Bar has included appearing as an advocate in hearings in state and federal courts and at VCAT, preparing written advice memoranda, and drawing and settling pleadings, affidavits and submissions.

Nicholas has also developed specific expertise in relation to the limitations of VCAT’s jurisdiction arising from federal law issues.

Matters in which Nicholas has acted include:

• 5G Networks Ltd v CentralNic Ltd – Supreme Court of Victoria, Court of Appeal – contractual dispute as to the meaning of words used in a services agreement – primary judgment: CentralNic Ltd v Webcentral Group Ltd [2023] VCC 2374 (with R Heath KC).
• Cardaci v Cardaci [2023] WASCA 158 – Supreme Court of Western Australia, Court of Appeal – written submissions made regarding the withdrawal of an appeal ground concession and the right of a trustee to indemnify itself out of trust assets for costs incurred by it in a dispute with a beneficiary (with A Young KC).
• Krongold Constructions (Aust) Pty Ltd v Thurin (2023) 414 ALR 1 – Supreme Court of Victoria, Court of Appeal – questions reserved as to the legal effect of referring a matter from VCAT to the Supreme Court of Victoria pursuant to s 77 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) (with M Roberts KC and C Parkinson KC).
• Re 31 Ellerman Street Dimboola Pty Ltd and others – Federal Court of Australia – acting for creditor in winding up applications of nine companies heard together – contest as to appropriate nominee for liquidator role – related proceedings involving a challenge to former administrators’ claimed remuneration and disbursements (unled).
• Thurin v Krongold Constructions (Aust) Pty Ltd (2022) 407 ALR 187 – Supreme Court of Victoria, Court of Appeal – questions of law referred from VCAT to the Court of Appeal regarding matters arising under federal law and VCAT’s jurisdiction (with M Roberts KC and C Parkinson KC).
• Nature One Dairy (Australia) Pte Ltd and related companies – Supreme Court of Victoria – claims by Nature One Dairy for misleading or deceptive conduct and breaches of contract – statutory demand set aside proceedings of related companies (Nature One Dairy (Australia) Pty Ltd v Bicheno Investments Pty Ltd [2021] VSC 879) (with S Rosewarne KC).
• Re Lonnex Pty Ltd (in liquidation) – Federal Court of Australia – inquiry into the conduct of the former liquidators of Lonnex Pty Ltd (in liquidation) (with S Rosewarne KC and V Bell).
• Re Western Port Holdings Pty Ltd (receivers and managers appointed) (in liquidation) (2021) 358 FLR 45 – Supreme Court of New South Wales – unfair preference claim including third party payments – payments made while company was subject to a deed of company arrangement (with S Rosewarne KC).
• McCallum, in the matter of TM Lewin Australia Pty Ltd (Administrators Appointed) [2020] FCA 992 – Federal Court of Australia – application for orders regarding conduct of the administration and lease liabilities (with O Bigos KC).

Before joining the Bar, Nicholas was a Senior Associate within the commercial litigation team of Herbert Smith Freehills in Melbourne. While at Herbert Smith Freehills he worked on matters including large unfair preference proceedings, statutory demands, breach of director’s duties/trust claims, class action proceedings, and various instructions for financial institutions (including in relation to the Banking Royal Commission). He also worked on a number of schemes of arrangement, with two notable examples being those undertaken by Amcor Limited and Healthscope Limited in 2019.

Nicholas holds a Bachelor of Arts and a Bachelor of Laws (with Honours) from Deakin University. He read with Sam Rosewarne KC and his senior mentor was Philip Crutchfield KC.

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.