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Justin Lipinski

QUALIFICATIONS  BA / LLB (First Class Honours)
ADMITTED  2014    BAR  2019
CHAMBERS  ODW 1821

PHONE  9225 6046
MOBILE  0400 507 434
EMAIL  jlipinski@vicbar.com.au

Justin Lipinski, BA / LLB (First Class Honours)

AREAS OF PRACTICE

  • Administrative Law
  • Banking and Finance
  • Bankruptcy and Insolvency
  • Building and Construction
  • Class Actions
  • Commercial Law
  • Competition Law
  • Contract
  • Corporations
  • Equity / Equitable Relief / Trusts
  • Guarantees
  • Immigration / Migration
  • Insurance
  • Land Valuation
  • Product Liability
  • Securities
  • Trade Practices

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Experience

Justin has a broad commercial practice, incorporating general corporate and commercial law, insolvency, insurance, class actions and building and construction.

Current and recent matters include:

General commercial law

  • Laguna Bay Pastoral Company Pty Ltd v Schroder Adveq and other (Supreme Court): acted for the trustee of an investment trust with respect to a dispute with unitholders concerning the construction and rectification of a trust deed (led by Robert Craig QC, instructed by Corrs Chambers Westgarth)
  • Zacole Pty Ltd v Longboat Holdings GroupNo3 Pty Ltd (Supreme Court): acted for the successful trustee of an investment trust in a dispute with unitholders, including application to stay proceedings by reason of an arbitration agreement, and injunction application: Longboat Holdings group no 3 v Zacole Pty Ltd [2021] VSC 280 (led by Robert Craig QC, instructed by Hall & Wilcox)
  • Craigieburn Junction v Perpetual Corporate Trust Limited (County Court): acted for a developer in a dispute with an investor relating to the construction of a development agreement (led by Robert Craig QC, instructed by Hall & Wilcox).
  • The Summit Group (Australia) Pty Ltd v Owners Corporation PS746020J [2020] FCA 1847 (Federal Court): acted for the successful respondents in a trial concerning intended land access by a telecommunications carrier (unled, instructed by SBA Law).

Shareholder Oppression

  • Riseley Investments Pty Ltd v Sumo Australia Limited (Supreme Court): defending a shareholder oppression proceeding brought my minority shareholders (led by Pat Zappia QC, instructed by Bird & Bird).
  • In the matter of Synstrat Accounting Pty Ltd (Supreme Court): acted for a minority shareholder in an oppression proceeding (led by Ian Upjohn QC, instructed by Webb Korfiatis Commercial).
  • In the Matter of Gunn Freight Pty Ltd (Supreme Court): acted for a minority shareholder in an oppression proceeding (led by Robert Craig QC, instructed by Holding Redlich).

Insurance

  • Acting for five reinsurers with respect to a dispute with a captive insurer in relation to liability arising from multiple class action proceedings in the United States (led by Richard Attiwill QC, instructed by Kennedys).

Building and Construction

  • Platinum Construction (Vic) Pty Ltd v Straightline Contractors Pty Ltd (VCAT): acted for a subcontractor in a 4 day hearing in VCAT in relation to a dispute with a builder as to liquidated damages payable for delays (unled, instructed by HFW Australia).

Judicial and merits review

  • Jender Pty Ltd v Flood Emergency Services Group Pty Ltd (Supreme Court): acted for the successful plaintiff in the judicial review of a Magistrates’ Court decision: Jender Pty Ltd v Flood Emergency Services Group Pty Ltd [2021] VSC 212 (led by Marcus Clarke QC and Emrys Nekvapil, instructed by Wisewould Mahony).
  • Acted for an accountant in a merits review of a decision of the Tax Practitioners Board to terminate his registration (unled, instructed by Webb Korfiatis Commercial).

Before coming to the bar, Justin was a Senior Lawyer at Clayton Utz. During his time at Clayton Utz, Justin represented clients in a variety of commercial disputes, including large product liability class actions. He also represented Commonwealth government departments in a number of judicial review proceedings, which involved solicitor advocacy at substantive hearings and appeals.

Earlier, Justin was Associate to Justice Hammerschlag, head of the Commercial List of the Supreme Court of New South Wales.

Justin holds a Bachelor of Arts and Bachelor of Laws, with first class honours, from Monash University.

From 25 October 2019, Liability limited by a scheme approved under Professional Standards legislation.