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Peter Cawthorn QC

QUALIFICATIONS  BA, LL.B (Hons), LL.M (Michigan)
ADMITTED  1984    BAR  1987
YEAR APPOINTED SILK  2007
CHAMBERS  CHY 2605

PHONE  9225 7363
MOBILE  0412 210 457
EMAIL  cawthorn@chancery.com.au
LINKEDIN  View Profile

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Peter  Cawthorn, BA, LL.B (Hons), LL.M (Michigan)

AREAS OF PRACTICE

  • Administrative Law
  • Banking and Finance
  • Bankruptcy and Insolvency
  • Building and Construction
  • Commercial Law
  • Common Law
  • Contract
  • Corporations
  • Credit
  • Customs / Shipping / Maritime
  • Defamation
  • Disciplinary Tribunals
  • Environment
  • Equity / Equitable Relief / Trusts
  • Franchising
  • Guarantees
  • Insurance
  • Intellectual Property
  • International / Conflicts of Law
  • Landlord and Tenant
  • Media
  • Mining Law
  • Partnerships
  • Personal Injuries
  • Probate / Wills / Part IV
  • Probate / Wills / Part IV
  • Product Liability
  • Professional Negligence
  • Securities
  • Sports Law
  • Trade Practices

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Experience

  • Peter has an extensive commercial law practice. He has appeared in a number of long and complex matters, including at the appellate stage. He acts in and advises in connection with substantial commercial matters in areas of administrative law, contracts, corporations and securities law, equity and trusts, insolvency, insurance law, intellectual property, landlord and tenant, product liability, professional negligence, property law, trade practices and wills and estates.
  • Peter has appeared in and advised in connection with a number of class actions, including securities actions involving managed investment schemes (including recently Willmott, Great Southern, Banksia), product liability and environmental law.
  • Doyles Guide – Leading Professional Indemnity Senior Counsel 2020
  • Peter is also an accredited mediator.
  • A selection of cases he has recently appeared in are:

Allen in his capacity as administrator of Walden Cloud Group Pty Ltd (Administrators Appointed), in the matter of Walden Cloud Group Pty Ltd (Administrators Appointed) [2021] FCA 97 (10 February 2021)

Corporate insolvency, administration, sale and purchase of real estate

Hamilton v Dominican Province of the Assumption & Anor [2021] VSC 261 (14 May 2021)

Limitations, personal injury, sexual abuse claim

Re: Mantovani; Mantovani v Vanta Pty Ltd [2020] VSC 736 (6 November 2020)

Trusts, access to trust records

Porter v Mulcahy & Co Accounting Services Pty Ltd (Ruling) [2020] VSC 430 (15 July 2020)

Breach of fiduciary duty, accountants, appropriation of business opportunity

SF Cosentino Pty Ltd v Glendining [2020] VSCA 149 (9 June 2020)

Appeal: sale of business, guarantee

Braham v ACN 101 482 580 Pty Ltd [2020] VSCA 108 (6 May 2020)

Appeal – professional negligence, solicitors, managed investment scheme

Nom De Plume v Ascot Vale Self Storage [No 2] [2020] VSCA 70 (27 March 2020)

Appeal – insolvent trading, breach of financing agreement

Danbol Pty Ltd v Swiss Re International Se [2020] VSC 23 (7 February 2020)

Insurance – whether contract of insurance entered into

Ascot Vale Self Storage Pty Ltd (in Liq) v Nom de Plume Pty Ltd [2019] VSC 794 (4 December 2019)

Abuse of process – whether permanent stay warranted

Re Ballanbrae Pastoral Coy Pty Ltd [2019] VSC 808 (7 December 2019)

Wills and estates – executors commission

Re 99A Furlong Road Pty Ltd [2019] VSC 528 (2 August 2019)

Restraining lawyers from acting

SXIQ Pty Ltd v Kalmus [2019] VSC 429 (28 June 2019)

Employment law – summary dismissal for misconduct

Orwin v Rickards [2019] VSC 375 (7 June 2019)

Professional negligence – lawyers – family law

Professional negligence – solicitors liability for financial agreement under Part VIIIA of the Family Law Act

The Edge Development Group Pty Ltd v Jack Road Investments Pty Ltd [2019] VSCA 91 (24 April 2019)

Contract – whether agreement subject to contract

MA & J Tripodi Pty Ltd (v Swan Hill Chemicals Pty Ltd [2019] VSCA 46 (12 March 2019)

Damages – lost opportunity

Mustica Holdings Pty Ltd v Coghlan de Luca Pty Ltd & Ors; West Grove Project Pty Ltd & Ors v Coghlan de Luca Pty Ltd & Ors [2018] VSC 509 (5 September 2018)

Professional negligence – accountant

Certain Underwriters at Lloyds of London v Allianz Australia Insurance Limited [2018] VSC 735 (27 November 2018)

Insurance-contribution between insurers

Sim Development Pty Ltd v Greenvale Property Group Pty Ltd [2018] VSCA 201 (13 August 2018)

Contracts – real estate – development – costs – Calderbank offers

Downing v Lau [2018] VCC 33 (20 February 2018)

Sale of Land – defective vendor’s statement – whether should be excused

Six Bruce Pty Ltd v Milatos & Ors [2017] VSC 784 (19 December 2017)

Sale of Land Act – defective vendors statement

Panorama Investments Pty Ltd v Mellos (No 2) [2017] VSC 639 (13 October 2017)

Interlocutory injunction to restrain mortgagee sale

J G & J A Williamson Holdings Pty Ltd v David Hindle & Anor [2017] VSC 534 (11 September 2017)

Summary judgment - limitations

Rosano v Karalis [2017] VSC 472 (18 August 2017)

Insurance – mitigation

Braham v ACN 101 482 580 Pty Ltd & Ors [2017] VSC 340 (15 June 2017)

Professional negligence, solicitors

Nicholas Olandezos v Bhatha & Ors [2017] VSC 234 (5 May 2017)

Property – removal of caveats

Christopoulos v Krishna & Ors [2017] VSC 154 (4 April 2017)

Summary judgment – illegality

P & J Simone Holdings Pty Ltd v QBE Insurance (Australia) Limited (Building and Property) [2017] VCAT 1683 (6 October 2017)

Domestic building warranties - limitations

Schreuders v Grandiflora Nominees Pty Ltd [2016] VSCA 93 (6 May 2016)

Construction of a Deed of Trust

Muranna Park Pty Ltd & Ors v Southern Mortgages Limited & Ors [2017] VSC 222 (3 May 2017)

Whether mortgage void under Farm Debt Mediation Act

Kelly v Willmott Forests Ltd (in liquidation) (No 4) [2016] FCA 323 (5 April 2016)

Class action – managed investment schemes – unreasonable settlement

Bodycorp Repairers Pty Ltd v AAMI Ltd & Anor [2015] VSCA 85 (7 May 2015)

Contract – franchise agreement – breach – unreasonable restraint of trade – tort of inducing breach of contract

Braham and Anor v ACN 101 482 580 & ors (No 2) [2015] VSC 492 (14 September 2015)

Solicitors negligence and proportionate liability

Rodda v Lifestyle Loans Vic Pty Ltd & Anor [2015] VSC 628 (16 November 2015)

Corporations – oppression - standing

G Barrett & Assoc Pty Ltd v Ulysses Club Inc [2015] VCC 1996 (9 December 2015)

G. Barrett & Assoc Pty Ltd v Ulysses Club Inc [2015] VCC 1991

Contract – whether contract was a permanent contract

Owners Corporation No 8 PS422665R v Walton (Owners Corporations) [2015] VCAT 1742 (26 October 2015)

Owners corporation – dispute resolutions

Clarke (as trustee of the Clarke Family Trust) & Ors v Great Southern Finance Pty Ltd (Receivers and Managers Appointed) (in liquidation) & Ors [2014] VSC 516 (11 December 2014)

Securities – Very substantial class action – managed investment scheme – acted for non-executive directors

Campbell v The Members of Lloyd's Syndicate QBE Casualty 386 & Ors [2014] VSC 655 (18 December 2014)

Insurance – recovery against insurers of liabilities incurred for judgments and settlements of product liability claims – non-disclosure and election

J & A Vaughan Super Pty Ltd (Trustee) v Becton Property Group Pty Ltd (No 3) [2014] FCA 1380 (17 December 2014)

Corporations law and breach of continuous disclosure obligations on public companies

Patsuris v Gippsland and Southern Rural Water Corporation [2014] VSC 621 (15 December 2014)

Administrative Law – appeal from VCAT – flooding and the Water Act

Melbourne Orthopaedic Group Pty Ltd v SY Group Pty Ltd & Anor (Ruling) [2013] VCC 2056 (20 December 2013)

Concurrent wrongdoers

V-Flow Pty Limited v Holyoake Industries (Vic) Pty Limited [2013] FCAFC 16 (20 February 2013)

V-Flow Pty Ltd v Holyoake Industries (Vic) Pty Ltd [2013] FCAFC 16; (2013) 296 ALR 418

Directors and employees’ duties – misappropriation of corporate opportunities and confidential information

Egans Plant Hire Pty Ltd v Australia and New Zealand Banking Group Ltd [2013] VSC 418 (16 August 2013)

Insolvency – company charges and liens over heavy machinery financed and used in mining industry

Mashane Pty Ltd v Owners Corporation RN 328577 [2013] VSC 417 (14 August 2013)

Owners Corporation Act – levies imposed on lot owners – use of maintenance fund for capital works

Ron Englehart Pty Ltd v Enterprise Constructions (Aust) Pty Ltd [2012] FCAFC 4 (17 February 2012)

Copyright in building plans – breach of copyright – damages

Casama Group Pty Ltd v Four Sisters Pty Ltd [2012] VSC 376 (18 September 2012)

Termination of contract for wine distribution – period of notice and whether terminable for breach of contract

Mickovski v Financial Ombudsman Service Limited & Anor [2012] VSCA 185 (17 August 2012)

Mickovski v Financial Ombudsman Service Ltd [2012] VSCA 185; (2012) 30 VR 451

Financial Ombudsman Service dispute resolution – administrative law – jurisdiction for statute barred insurance claim – whether reviewable by Court

Portbury Development Co Pty Ltd v Ottedin Investments Pty Ltd & Ors [2012] VSC 274 (21 June 2012)

Sale of Land – rescission – Sale of Land Act (deposit provisions) – whether purchaser repudiated contract – damages

Wheelahan & Anor v City of Casey & Ors [2011] VSC 215 (23 May 2011)

Class action for negligence in relation to the construction and operation of a landfill

Major Engineering Pty Ltd v CGU Insurance Limited [2011] VSCA 226 (9 August 2011)

Major Engineering Pty Ltd v CGU Insurance Ltd [2011] VSCA 226; (2011) 35 VR 458

Insurance – recovery of legal fees and expenses on successful defence of product liability proceedings

Leading Synthetics Pty Ltd v Adroit Insurance Group Pty Ltd & Anor [2011] VSC 467 (21 September 2011)

Insurance – credit risk insurance – whether contract of insurance entered into – non-disclosure defences

Mainstream Aquaculture Pty Ltd v Calliden Insurance Ltd [2011] VSC 286 (24 June 2011)

Insurance – business interruption insurance – whether damage to property was caused

From 14 Aug 2015, liability limited by a scheme approved under Professional Standards legislation.