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Rebecca McCarthy

QUALIFICATIONS  
ADMITTED  2016    BAR  2020

PHONE  9225 7999
MOBILE  0449 967 105
EMAIL  rebecca.mccarthy@vicbar.com.au

Rebecca McCarthy,

AREAS OF PRACTICE

  • Magistrates Court
  • Administrative Law
  • Bankruptcy and Insolvency
  • Building and Construction
  • Class Actions
  • Commercial Law
  • Contract
  • Corporations
  • Defamation
  • Equity / Equitable Relief / Trusts
  • Family Law
  • Human Rights
  • Immigration / Migration
  • Probate / Wills / Part IV
  • Professional Negligence
  • Securities
  • Superannuation
  • Taxation Law

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Experience

Rebecca is a commercial barrister.

Since coming to the bar, Rebecca has appeared in trials and applications in the Magistrates’ Court of Victoria and the Supreme Court of Victoria. Rebecca has also appeared in applications in the Federal Court of Australia and the Supreme Court of New South Wales.

Before coming to the Bar, Rebecca was Associate to the Honourable Associate Justice Gardiner of the Supreme Court of Victoria. As an Associate, Rebecca gained experience in interlocutory applications and trials brought under the Corporations Act 2001 (Cth) including breaches of directors’ duties, voidable transactions, insolvent trading, applications to set aside statutory demands and contested winding up applications. Before this, Rebecca worked as a solicitor with Frenkel Partners Lawyers, where she developed a broad commercial litigation practice which included bankruptcy and insolvency, property, equity, employment and contractual disputes.

Rebecca also assisted in various class actions at Maurice Blackburn Lawyers including the Black Saturday Bushfire and Allco shareholder class actions.

In addition to her commercial practice, Rebecca has experience in family law and migration law.

Rebecca holds a Bachelor of Laws (Hons) from the University of Adelaide and is undertaking a Master of Laws at the University of Melbourne where she is specialising in commercial subjects.

Rebecca read with Peter Fary SC and her senior mentor is Penny Neskovcin QC.

Selected Cases

Jackson v Edsall S ECI 2020 04574 – Application by executor of deceased estate for orders to allow sale of deceased’s property, for the plaintiff

In the matter of Cosmopolitan Foods Pty Ltd (In Liq) S ECI 2021 00635 - Application on behalf of liquidators for appointment as receivers over trust property with power of sale, for the plaintiff

Shangri-La Construction Pty Ltd v GVE Hampton Pty Ltd (In Liq) [2021] VSC 161 - Application for appointment of special purpose liquidator, for the respondent liquidator (unled)

W Capital 18 Pty Ltd v LWB Development Pty Ltd & Ors - Supreme Court of Victoria - (led by P Fary SC)

GVE Hampton Pty Ltd (In Liq) v Eugene Krok & Ors S ECI 2020 04377 - Voidable transactions, breach of director's duties (led by C Moller)

Quin v Fairweather VID275/2021- Application for production of certificate of title and for vacant possession of property

In the matter of IPO Wealth Holdings No 2 Pty Ltd - Supreme Court of Victoria - Application for release from the Harman undertaking, for the respondent

In the matter of DS & KCC Enterprises Pty Ltd and Jimmy and Jangs Enterprises Pty Ltd S ECI 2021 02490 - Oppression proceeding, for the plaintiff (unled)

In the matter of Wynyard Victoria Pty Ltd S ECI 2021 00928 - Application to set aside statutory demand, for the defendant

In the matter of Project Volar Creditors’ Trust established in the administration of Virgin Australia Holdings Ltd & Ors No. 2021/00247797 - Supreme Court of New South Wales - application for leave to file an amended proof of debt pursuant to s 81 of the Trustee Act 1925 (NSW) (unled)



Liability limited by a scheme approved under Professional Standards Legislation.