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Nicholas Walter

QUALIFICATIONS  
ADMITTED  2009    BAR  2018
CHAMBERS  ODW 2115

PHONE  9225 7982
MOBILE  0419 593 052
EMAIL  nicholas.walter@vicbar.com.au

Nicholas Walter,

AREAS OF PRACTICE

  • Law
  • Administrative Law
  • Arbitrators International
  • Banking and Finance
  • Bankruptcy and Insolvency
  • Building and Construction
  • Class Actions
  • Commercial Law
  • Competition Law
  • Constitutional
  • Contract
  • Corporations
  • Environment
  • Equity / Equitable Relief / Trusts
  • Liquor Licencing
  • Probate / Wills / Part IV
  • Probate / Wills / Part IV
  • Product Liability
  • Securities
  • Superannuation
  • Taxation Law
  • Town Planning Law
  • Trade Practices

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Experience

Nicholas practises in commercial and tax law.

He has advised and appeared in matters involving: financial services (both for ASIC and for regulated entities); directors' duties; oppression; equity and trusts; insolvency; professional negligence; property law; direct and indirect tax (both for the Commissioner and taxpayers)

Before coming the Bar, he served as a Senior Adviser in the Corporate and International Tax Division at the Commonwealth Treasury. Prior to this he was the Senior Legal Adviser in the Office of the Premier of Victoria.

Earlier, he practised as a solicitor in the Dispute Resolution team at Mallesons Stephen Jaques (as it then was). Matters included: M&A disputes; property disputes; and a major construction arbitration.

He graduated from the University of Melbourne with a Bachelor of Laws (First Class Honours), winning several prizes. He also holds a Bachelor of Science (majoring in mathematics) and a Master of Business Administration, both from the University of Melbourne. He has completed ARITA's Insolvency Education Program.

Nicholas read with Albert Dinelli and his senior mentor is Neil Young QC.

Matters in which he has acted since coming to the bar include:

Commercial law

  • Braham v ACN 101 482 580 Pty Ltd [2020] VSCA 108: misleading and deceptive conduct (led by Andrew Hanak QC)
  • Yammine v Lantrak Holdings Pty Ltd (NSD 712/2020)(Federal Court of Australia) misleading and deceptive conduct, breach of contract (led by John Karkar QC)
  • Financial Services Royal Commission: acting for major superannuation fund (led by Stewart Anderson QC and Andrew Hanak QC)
  • Pacific Current Group Ltd v Fitzpatrick & Ors (VID 116/2020) (Federal Court of Australia): directors' duties (led by Philip Crutchfield QC)
  • Confidential neutral evaluation (2020) (led by the Hon Susan Crennan AC QC)
  • Expert evaluation (2019) (led by the Hon Susan Crennan AC QC)
  • Finance & Guarantee Company Pty Ltd v Auswild (2019) 59 VR 288; [2019] VSC 664: fiduciary duties and accessorial liability (led by Stewart Anderson QC and A Bailey)
  • Blue Constructions Pty Ltd v Karavias [2019] VCC 277: application for security for costs
  • Koutrigaros v Green Village Poultry Pty Ltd (Supreme Court of Victoria): oppression
  • Vicinity Funds RE Ltd v Li (Supreme Court of Victoria): construction of a lease; existence of equitable charge
  • Nick Baldi Constructions Pty Ltd v Wormington (Supreme Court of Victoria): professional negligence as to accounting and taxation advice (led by Sam Horgan QC)
  • Pacreef Investments Pty Ltd v Pacific Biotechnologies Ltd (Supreme Court of Victoria): enforcement of debt
  • Traffic Technique v Burgmann (County Court of Victoria): breach of confidence; breach of fiduciary duties; accessorial liability (led by A Dinelli)
  • 8 Foods Pty Ltd v Roll’d Australia Pty Ltd (County Court of Victoria): misleading and deceptive conduct; estoppel; quantum meruit
  • Dispute about priorities under the Personal Property Securities Act

Tax law

  • Deputy Commissioner of Taxation v CPG Group Pty Ltd (Federal Court of Australia): winding up application in context of pending appeal as to tax debt
  • Viva Energy Australia Pty Ltd v Commissioner of State Revenue (Supreme Court of Victoria): stamp duty and corporate reconstruction exemption (led by Philip Crutchfield QC)
  • Confidential matters involving:
    • capital/revenue distinction;
    • R&D tax incentive;
    • taxation of trusts, including public trading trusts;
    • general anti-avoidance rule;
    • film tax offset;
    • land tax; and
    • stamp duty (including sub-sale provisions; transfers to a bare trust; and potential trust resettlements).

Nicholas also has an advice practice, in which he provides written and oral advice on commercial, tax and private international law issues, alone or led. He has been led by various silks, including Jim Peters QC; Jeff Gleeson QC; Philip Crutchfield QC; and Eugene Wheelahan QC.

From 03 May 2018, liability limited by a scheme approved under Professional Standards legislation.