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Sergio Freire

QUALIFICATIONS  LLB (Hons), BComm
ADMITTED  2002    BAR  2012
CHAMBERS  ACK 1915

PHONE  9225 7246
MOBILE  0419 228 164
EMAIL  sfreire@vicbar.com.au

LOTE   Portuguese  

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AREAS OF PRACTICE

  • Magistrates Court
  • Banking and Finance
  • Bankruptcy and Insolvency
  • Class Actions
  • Commercial Law
  • Contract
  • Corporations
  • Equity / Equitable Relief / Trusts
  • Guarantees
  • Probate / Wills / Part IV
  • Securities
  • Trade Practices

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Experience

Sergio Freire practises in commercial law, principally in the areas of banking and finance, corporations, securities, insolvency, equity and trusts, and property.

He also advises insolvency practitioners, creditors, directors and government on all aspects of insolvency, including under the Corporations Act, the Personal Property Securities Act and the Bankruptcy Act.

The following is a selection of cases in which Sergio has appeared:

  • Fuji Xerox Australia Pty Ltd v Whittaker & ors (Federal Court) (director and auditor negligence claim) (with J Davis QC);
  • Argyle Building Services Pty Ltd v Franek [2020] VSC 166 (and Court of Appeal) (freezing orders) (with A Herskope);
  • Gothard (administrator), in the matter of Jeanswest Corporation Pty Ltd [2020] FCA 148 (voluntary administration);
  • Slea Pty Ltd v Connective Services Pty Ltd & ors (Supreme Court of Victoria; trial - October 2019-March 2020) (oppression) (with P Solomon QC and D Guidolin);
  • Groom v Leafbusters Pty Ltd (in liq) (Supreme Court of Victoria; trial - February-March 2020) (property);
  • Clementi v Rossi [2019] VSC 725 (trust dispute) (with S Stuckey QC);
  • Ji v Bluestars Real Estate Pty Ltd [2018] VSC 11 (property) (with R Garratt QC) (settled after trial);
  • for a third party in the Auswild/Preston Motors Group litigation in the Supreme Court of Victoria;
  • Pell Five Pty Ltd v SMTP Nominees Pty Ltd [2019] VCAT 1683 (retail lease dispute)
  • Connelly v Commonwealth of Australia; in the matter of Australian Road Express Pty Ltd (recrs and mgrs apptd) (in liq) [2018] FCA 1429 (with J Moore QC);
  • Southern Cross Computer Systems Pty Ltd v Palmer [2017] VSC 460 and [2017] VSC 412 (restraint of trade) (with A Herskope);
  • Tannous & Anor v Abdo [2017] VCC 304 (equitable charge);
  • Volunteer Fire Brigades Vic Inc v CFA [2016] VSC 621 and (2016) 50 VR 620 [2016] VSC 613 (with J Davis QC);
  • for Apache in the Burrup Fertilisers/Oswal litigation (settled at trial) (e.g. [2016] VSC 386, [2016] VSC 282, [2016] VSC 134, [2016] VSC 119; [2016] VSC 52; [2015] FCA 49 and [2014] VSC 209) (with S Anderson QC);
  • a commercial arbitration arising out of a PPP dispute involving the State of Victoria, before the Hon A Goldberg AO QC and the Hon K Hayne AC QC (with P Collinson QC);
  • Mandie & Anor v Memart Nominees Pty Ltd [2015] VSC 446 (with A Myers QC); [2014] VSCA 181, and (2014) 42 VR 325; [2014] VSC 290 (with C Scerri QC) (discretionary trust dispute);
  • True Value Solar Holdings Pty Ltd v Fernandez [2013] VSCA 27 (grant of leave to commence derivative proceeding) (with P Collinson SC).

Before joining the bar, Sergio practised as a commercial litigation solicitor for over 12 years, at Ashurst Australia in Melbourne and, before that, at Allens in Brisbane.

Sergio holds degrees in law (Hons Class I) and commerce from the University of Queensland. He has also completed the Insolvency Education Program administered by the Australian Restructuring Insolvency & Turnaround Association.

From 25th Oct 2012, liability limited by a scheme approved under Professional Standards legislation.