Nicholas
Guenther

Nicholas is available to appear and advise in all areas of commercial law. He has particular experience in corporations and insolvency matters, schemes of arrangement, banking and finance litigation, and class actions.

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 and his senior mentor is Philip Crutchfield QC.

Recent matters in which Nicholas has acted include:

• Re Lonnex Pty Ltd (in liquidation) – inquiry into the conduct of the former liquidators of Lonnex Pty Ltd (in liquidation) (with S Rosewarne and V Bell).
• Association of Ukrainians in Victoria (A.U.V.) v Association of Ukrainians St. Albans Inc. & Ors­ – claim of misappropriation of funds and property (with D Harrison).
• Re Western Port Holdings Pty Ltd (receivers and managers appointed) (in liquidation) – unfair preference claim – payments made while company was subject to a deed of company arrangement (with S Rosewarne).
• Matter involving the collision of personal watercrafts – claim of negligence and property damage (unled).
• McCallum, in the matter of TM Lewin Australia Pty Ltd (Administrators Appointed) [2020] FCA 992 – application for orders regarding conduct of the administration and lease liabilities (led by O Bigos SC).