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Annette Gaber

QUALIFICATIONS  Bachelor of Laws and Bachelor of Business (Economics)
ADMITTED  2003    BAR  2021
CHAMBERS  Castan Chambers

PHONE  9225 7999
MOBILE  0412 571 505
EMAIL  annette.gaber@vicbar.com.au

Annette Gaber, Bachelor of Laws and Bachelor of Business (Economics)

AREAS OF PRACTICE

  • Banking and Finance
  • Bankruptcy and Insolvency
  • Commercial Law
  • Competition Law
  • Contract
  • Corporations
  • Credit
  • Guarantees
  • Securities

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Experience

Annette accepts briefs in a broad range of commercial matters.

Before coming to the Bar, Annette was a partner in the litigation team of a leading national law firm, where she predominantly acted for banks and large financial institutions. As a solicitor, Annette gained experience in banking and finance, securities, bankruptcy, insolvency, commercial and consumer law.

Annette was recognised in the litigation category of the Best Lawyers Awards in 2020 and 2021. Annette was also a finalist in the 2020 Lawyers Weekly Partner of the Year Awards (banking and finance, dispute resolution and litigation categories) and a finalist in the 2020 Australian Law Awards (partner of the year category).

Annette is reading with Sam Rosewarne and her senior mentor is Hamish Austin QC.

Some of her matters as a solicitor included:

  • Commonwealth Bank of Australia v State of Victoria [2021] FCA 705: obtaining a vesting order after disclaimer of property by bankruptcy trustee.
  • Commonwealth Bank of Australia v Fanning [2021] VCC 924: summary judgment application to recover debt and property under loan agreement and mortgage.
  • Happy Homes Building Group Pty Ltd v Registrar of Titles & Ors [2020] VCC 433: proceeding concerning a sale of property by a council due to unpaid rates; applications for summary judgment and security for costs were made.
  • Commonwealth Bank of Australia v Iloska [2018] VCC 144: subrogation claim.
  • Anderson v Westpac Banking Corporation [2018] VSCA 226: appeal from judgments in favour of the bank in relation to a loan agreement and mortgage.
  • Kanakaridis v Westpac Banking Corporation [2015] FCA 1146: application seeking summary dismissal on the grounds of res judicata, issue estoppel, Anshun estoppel and abuse of process.
  • Perpetual Trustee Company Ltd v De Van Der Schueren [2012] VSC 5: application to set aside judgment.
  • Whild v GE Mortgage Solutions Ltd [2012] VSC 322: proceeding about the effect of an overstatement of amount owing in a default notice.
  • Wolfe v Permanent Custodians Limited [2013] VSCA 331: enforceability of a settlement agreement entered into after judgment obtained.
  • Westpac Banking Corporation v Tesoro [2012] VSC 182: consequences of a failure to strictly comply with the default notice provisions of the National Credit Code