Penny has a broad practice incorporating commercial law and public law. Penny has a particular interest in inquests and inquiries. She appears
regularly in contested hearings, appeals and interlocutory matters in all State and Federal courts and tribunals.
Penny’s broad commercial practice to date has included matters involving:
- General contractual claims
- Insolvency matters, including claims by investors in managed investment schemes
- Equity and Trusts
- Proceedings under the Retail Leases Act 2003
- Corporations, including directors duties; and
- Wills and Estates.
Penny’s public law practice to date has included:
- Judicial and merits review applications, including under the Migration Act 1958
- Discrimination matters
- Statutory interpretation
- Applications under the Guardianship and Administration Act 1986 (Vic)
- Applications under the Extradition Act 1988
- Coronial inquests
- Proceedings under the Residential Tenancies Act 1997 (Vic)
- High value debt recovery proceedings pursuant to the Social Security Act 1991
- Applications under the Victims of Crime Assistance Act 1996 (Vic); and
- Actions arising out of legal professional obligations.
Penny also practices in defamation and professional negligence actions, as well as in procedural matters such as interlocutory injunctions and
applications under the Evidence Act 2008.
Penny's recent and reported matters include:
- Monjon (Aust) Pty Ltd v Owners Corporation  VCC (unled) : breach of contract; quantum meruit (settled)
- Kharsas & Kharsas v Southern Peninsula Tree Work Pty Ltd  (Magistrates Court): successful claim for breach of contract; repudiation
- In the matter of the Estate of Klaus Dieter Burdack  VSC (unled): various applications under the Administation and Probate Act 1958 (Vic) (settled)
- Zreika v Client Management Systems Australia Pty Ltd & Ors  (Federal Circuit Court): successfully opposed security for costs
- Various appearances and applications on behalf of the Working With Children Check Unit, Department of Justice and Regulation
- Proceedings and advice under the Migration Act 1958
- De Lutis v De Lutis  VSC (unled): certificate under s 128 of the Evidence Act 2008; freezing orders
- Permanent Mortgages v Thompson  VSC (unled): successful application for recovery of land
- Monegeetta Holdings v Emerchandiser  VSC (unled): successful application for removal of caveat; MCV - successful application for
- acting for the auditors of Bill Express Limited (in liq) in relation to a professional negligence claim (as part of a team led by PD Crutchfield
- Fitzgerald v Fitzgerald  VSC (unled): removal of trustee (settled)
- Boehm v Boehm  CCV (unled): partnership; constructive trust; enforcement of deed of settlement (settled)
- Zia v Monash Health  VCAT (led by Rowena Orr): discrimination (settled)
- In the Matter of the Will of George Maxwell Hanlon  Supreme Court (led by Sam Marks QC): application under s15 of the Administration and Probate Act 1958 (Vic)
- Matsoukas v Laurel Groves Estate  Supreme Court (led by Jeremy Twigg): breach of joint venture, breach of fiduciary duty, breach
of trust, unjust enrichment (settled)
- West v Horseman  VCAT: successful defence of civil claim under
the Legal Profession Act 2004
- in 2013, acting for Willmott Forests (in liq) in relation to claims by investors in managed investment schemes (as part of a team led by PD
- Carter v Coroner’s Court  VSC 561 (led by Brad Penno): judicial
review of decision to release a body – procedural fairness
Prior to coming to the bar, Penny was the Associate to Justice Robson of the Supreme Court. Penny also worked as a solicitor at Allens where her
practice included general commercial litigation, freedom of information, contractual disputes and defamation claims.
Penny has a First Class Honours Degree in Law from the University of Melbourne. Prior to undertaking her law degree, Penny worked at the BBC as
a researcher and assistance development producer.