Vince Murano

• Class Actions
• Commercial Law
• Competition
• Equity
• Professional Negligence
• Public Law

Vince has substantial experience in commercial and public law.

Vince focuses on disputes regarding corporations, contracts, trusts, real and personal property, insolvency, bankruptcy and administrative law.  He has been briefed in a variety of courts, including the Supreme Court of Victoria, Federal Court and High Court.

Before coming to the Bar, Vince worked at Clayton Utz and was a Senior Associate in the Commercial Litigation and Insolvency Group.

General Commercial

Vince has acted in disputes involving contractual interpretation, partnerships, joint ventures, personal property (including enforcement of security interests), competition and consumer law (including franchising), banking law, professional negligence and economic torts.

He has also been briefed in litigation involving shareholder disputes, shareholder oppression and director’s duties.  Vince has acted in proceedings involving unconscionable conduct, misleading or deceptive conduct and contraventions of provisions regulating providers of financial products and services (Ch 7 of the Corporations Act 2001 (Cth)).

In addition, Vince has acted in proceedings involving international aspects, such as disputes over choice of law clauses and the extraterritorial application of Australian statutes.

Property Law

Vince has acted in disputes over the ownership of real property, including claims for resulting trusts and constructive trusts, claims seeking to defeat indefeasibility of title provisions and proceedings for the enforcement of mortgages.  Vince also acts in leasing disputes.

Insolvency and Bankruptcy

Vince has acted for liquidators, administrators and company directors.  Relevant matters include “claw-back” proceedings, winding-up applications, applications to terminate winding-up, and court-appointed receivers.

In respect of bankruptcy, Vince has acted in proceedings involving the obligations of trustees in bankruptcy, creditor’s petitions, applications to set aside bankruptcy notices and appeals of sequestration orders.

Administrative law

Vince has extensive experience in advising on applications for judicial review.  He has appeared in a number of proceedings, including at appellate level in the Federal Court.

Specific experience

Some matters in which Vince has been briefed since coming to the Bar include:

• Melbourne Property Group Investments (MPGI) Pty Ltd as trustee for the MPGI Trust v Knight 43 Martin Street Pty Ltd [2022] VSC 41 – Supreme Court of Victoria – with M Peckham.  The parties were in dispute over the interpretation of a joint venture agreement, loan agreement and related guarantee.
• Kempson v Haydon & Anor [2022] VSC 30 – Supreme Court of Victoria – led by Leslie Glick KC.  Application to construe a will where the beneficiaries were in dispute as to whether the testatrix owned property she sought to bequeath.
• BD78 Pty Ltd v FGK3GEN Pty Ltd [2022] VSC 361 – Supreme Court of Victoria – unled.  Application to remove a caveat lodged by an equitable mortgagee in circumstances where the mortgagor was in default and contested the extent of its liability to pay interest.
• Business Service Brokers Pty Ltd v Optus Mobile Pty Ltd & Ors – Supreme Court of Victoria – led by David Collins KC and Damien McAloon.  A contractual interpretation and consumer law dispute involving Optus and a former dealer of its telecommunications products.
• Chang v Chang; Chang v Chang; Chang v Gu – Supreme Court of Victoria – unled.  The three interrelated proceedings involve claims of resulting trusts, constructive trusts, and breach of fiduciary duty.
• JC Jarol Pty Ltd & Anor v Novamex International LLC – Supreme Court of Victoria – led by Robert Craig KC.  A distributor of soft drinks alleged unconscionable conduct by the manufacturer in the context of an exclusive distribution agreement.
• Italy in A Glass Pty Ltd v Viticoltori Ponte SRL – Federal Court – unled.  A distributor of alcoholic products alleged the Italian company counterparty repudiated an exclusive distribution agreement and engaged in misleading or deceptive conduct.
• Destination Media Australia Pty Ltd & Anor v Fitness and Lifestyle Group Topco Pty Ltd & Ors – Supreme Court of Victoria – led by Robert Craig KC.  The dispute related to the terms on which shares in the plaintiffs had been acquired.
• Mooney & Anor v Mooney – Supreme Court of Victoria – unled.  A dispute over whether real property was owned by an individual or by a partnership, and whether the partnership ought to be wound-up.
• Mediratta v Clark [2019] VSC 685 – Supreme Court of Victoria – unled.  The plaintiffs alleged breaches of a contract for the sale of land, including whether an implied term existed permitting access to undertake valuation.
• Pekar v Holden (Trustee) (No 3) [2019] FCA 1928 and Pekar v Jess (Trustee) [2020] FCA 1250 – Federal Court – unled.  The proceeding involved breach of contract, the removal of a trustee in bankruptcy, and the loss of indemnity by a trustee in bankruptcy.
• BJO18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 189; (2020) 281 FCR 594 – Full Federal Court – unled.  The proceeding involved allegations of irrational or illogical findings.

Prior to practising as a solicitor, Vince worked in law enforcement and regulatory roles for the Commonwealth (predominantly fraud investigations).

Vince read with Robert Craig 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.