FREIRE, Sergio

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FREIRE, Sergio

Sergio Freire practises in corporate and commercial law. 

He has particular experience in banking and finance, corporations, insolvency, equity and trusts, property, energy and resources, and legal costs.

Appearances include:

  • Volunteer Fire Brigades Vic Inc v CFA (No. 2) [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 49and [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);
  • Androvitsaneas v Tartaglia & Associates [2016] VSC 361 and Tomasevic v Nowicki Carbone [2015] VSC 302 (applications under the Legal Profession Act 2004 (Vic));
  • JZ Lee Interiors Pty Ltd v Smith (e.g.[2015] VSCA 203 and [2015] VSC 693 (with I Upjohn QC));
  • Lang v The Leasing Centre (Aust) Pty Ltd & Anor[2014] VCC 910 (enforceability of personal guarantees);
  • Bond v Rees Group[2014] FCA 430 and Baycorp Collections PDL (Australia) Pty Ltd v Greer [2014] FCCA 1437 (bankruptcy);
  • PMCD Investments Pty Ltd v Galatis & Anor [2014] VSC 55 (application to set aside statutory demand);
  • Fogerty-Young v Jason [2013] VSC 570(application to restrain solicitor from continuing to act);
  • True Value Solar Holdings Pty Ltd v Fernandez [2013] VSCA 27(grant of leave to commence derivative proceeding) (with P Collinson SC);
  • Chye v Australian Securities and Investments Commission [2012] FCA 1405 (application by disqualified director for leave to manage a corporation) (with S Anderson SC); and
  • Corporations Act and Bankruptcy Act matters including oppression proceedings, applicationsto set aside statutory demands, contested winding-up applications, applications to reinstate deregistered companies, voidable preference claims, applications in respect of insolvency practitioners’ remuneration, applications for liquidators’ search and seizure warrants, applications to set aside bankruptcy notices, contested creditor’s petitions, and compulsory examinations.

Before joining the bar, Sergio practised as a commercial litigation solicitor for over 12 years. He was a senior associate at Ashurst Australia, where he worked for 10 years. He commenced his career 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.  




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