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Sam Rosewarne

QUALIFICATIONS  LLM, LLB (Hons), BCom
ADMITTED  2001    BAR  2008
CHAMBERS  Castan Chambers, Level 14

PHONE  9225 7107
MOBILE   0402 319 374
EMAIL  srosewarne@vicbar.com.au

Sam Rosewarne, LLM, LLB (Hons), BCom

AREAS OF PRACTICE

  • Magistrates Court
  • Administrative Law
  • Banking and Finance
  • Bankruptcy and Insolvency
  • Class Actions
  • Commercial Law
  • Constitutional
  • Corporations
  • Employment / Industrial
  • Equity / Equitable Relief / Trusts
  • Insurance
  • Taxation Law
  • Torts (Other Than PI)
  • Trade Practices

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Experience

Sam Rosewarne is available to appear and advise in all areas of commercial and public law. He has particular experience in class actions, corporations and insolvency matters, banking and finance litigation, and taxation disputes.

Before joining the Bar, Sam worked within the commercial litigation department of Clayton Utz and was a member of the Office of General Counsel at the Australian Government Solicitor. He also spent a period running the litigation practice of the leading commercial law firm in the Republic of Vanuatu, regularly appearing in matters before the Supreme Court and the Court of Appeal of Vanuatu.

Sam graduated with first class honours in law from the University of Adelaide in 1999 and completed a Masters of Laws at the University of Melbourne in 2006.

Significant matters in which Sam has appeared include:

  • National Australia Bank Ltd v Garrett [2016] FCA 714 application to remove purported security interest under Personal Property Securities Act 2009 (Cth) - granting of injunctive relief
  • Mitic v OZ Minerals & Ors shareholder class action(led by P Crutchfield QC)
  • Bill Express Ltd (in liq) v Optus Mobile Pty Ltd & Ors unfair preference claim (led by P Collinson QC)
  • Freelance Global Ltd (in liq) v Bensted [2016] VSC 181 application for directions by liquidators - equity and trusts - tracing
  • ASE16 v Australian Securities and Investments Commission [2016] FCA 321 director disqualification - preconditions to exercise of s 206F of the Corporations Act 2001 (Cth) (led by S Donaghue QC)
  • Bell Group Limited (in liq) v Deputy Commissioner of Taxation [2015] FCA 1056 issue of garnishee notices by the Commissioner of Taxation pursuant to s 260-5 of Schedule 1 to the Taxation Administration Act 1953 (Cth) - post liquidation tax liabilities (led by P Crutchfield QC)
  • Falkingham v Peninsula Kingswood Country Golf Club Ltd [2015] HCATrans 231 special leave application (led by A Archibald QC)
  • Deputy Commissioner of Taxation v Meletsis [2015] FCA 364 making of orders under s 50 of the Bankruptcy Act 1966 (Cth)
  • Falkingham v Peninsula Kingswood Country Golf Club Ltd (2015) 318 ALR 140 Oppression proceedings under ss 232 and 233 of the Corporations Act 2001 (Cth) - equitable defence of laches (led by A Archibald QC and N O'Bryan SC)
  • Endresz v Australian Securities and Investments Commission (No 2) (2015) 228 FCR 334 making of sequestration order - exercise of adjournment power (led by P Crutchfield QC)
  • Endresz v Australian Securities and Investments Commission [2014] FCA 1139 application seeking stay pending appeal
  • Australian Securities and Investments Commission v Endresz (2014) 228 FCR 316 making of sequestration order s 52(2) of the Bankruptcy Act 1966 (Cth) and “other sufficient cause”
  • G C Swinburne and F J McFarlane and Australian Securities and Investments Commission and Child Psychology Services Pty Ltd (Joined Party)(2014) 144 ALD 397; [2014] AATA 602 statutory interpretation - whether business name available for registration
  • Garrett v Deputy Commissioner of Taxation [2014] FCA 576 application to terminate the winding up of the company pursuant to s 482 of the Corporations Act 2001 (Cth)
  • In the matter of AFS Group Limited (in liq) v National Australia Bank Ltd [2013] FCA 799 application for directions by administrators/liquidators - equity and trusts
  • Labelmakers Group Pty Ltd v LL Force Pty Ltd [2012] FCA 512; Labelmakers Group Pty Ltd v LL Force Pty Ltd (No. 3) [2013] FCA 1059; Labelmakers Group Pty Ltd v LL Force Pty Ltd (No. 4) [2013] FCA 1227 breach of fiduciary duty - breach of confidence - principles relevant to calculation of equitable compensation and/or account of profits (led by G Bigmore QC)
  • Re AED Oil Limited (No. 2) [2012] VSC 54 application for extension of convening period
  • Red Hill Iron Pty Ltd v API Management Pty Ltd [2012] WASC 323 joint venture dispute - principles of contractual construction - fiduciary duties (led by P Crutchfield QC)
  • Deputy Commissioner of Taxation v De Simone (2012) 91 ATR 696; [2012] VSC 644 application for summary judgment in the context of the taxation legislation
  • In the matter of Applied Investments Pty Ltd [2012] VSC 499 application for extension of convening period
  • Algeri; Re Colorado Group Limited (No. 2) [2012] VSC 22 application to further extend time to convene second meeting of creditors
  • Re Colorado Group (2011) 86 ACSR 231 application for leave under s 440C of the Corporations Act 2001 (Cth)
  • Loyalty Connection Pty Ltd v Commissioner of State Revenue [2011] VCAT 2422 liability to payment of stamp duty pursuant to the land rich provisions
  • Algeri; Re Colorado Group Limited [2011] VSC 260 application for extension of convening period
  • Culley v ASIC (2010) 183 FCR 279 appeal from decision by ASIC to disqualify director - operation of s 206F of the Corporations Act 2001 (Cth) (led by S McLeish SC)
  • Scott v ASIC (2010) 78 ACSR 299 appeal from decision by ASIC to disqualify director (led by S McLeish SC)
  • Re Rewards Group Ltd [2010] WASC 276 managed investment scheme - application for directions by administrators (led by J Peters QC)
  • Renegade Rigging Pty Ltd v Hanlon Nominees Pty Ltd [2010] VSC 385 statutory demand procedure - application to set aside
  • Scott and ASIC [2010] AATA 54 AAT review of decision by ASIC to disqualify director
  • Re Great Southern Managers Australia Ltd [2009] VSC 627 managed investment scheme - amendment of constitution by members (led by J Santamaria QC)
  • Jetaway Logistics Pty Ltd v Deputy Commissioner of Taxation (2009) 26 VR 657 unfair preferences - set off - notice of the fact company is insolvent (led by P Crutchfield QC)
  • Scott and ASIC (2009) 51 AAR 114; [2009] AATA 798 application for stay of ASIC decision pending review
  • St George Bank Ltd v Quinerts (2009) 25 VR 666 professional negligence - proportionate liability regime (led by D Collins QC)

Liability limited by a scheme approved under Professional Standards Legislation.