LIPINSKI, Justin

Enquiry / Availability

LIPINSKI, Justin


Justin has a broad commercial practice, incorporating general corporate and commercial law, insolvency, insurance, class actions and building and construction.

Current and recent matters include:

General Commercial Law

Contract and Equity / Trusts:

  • Laguna Bay Pastoral Company Pty Ltd v Schroder Adveq and other (Supreme Court): acting for the trustee of an investment trust with respect to a dispute with unitholders concerning the construction and rectification of a trust deed (led by Robert Craig SC, instructed by Corrs Chambers Westgarth).
  • Zacole Pty Ltd v Longboat Holdings GroupNo3 Pty Ltd (Supreme Court): acting for the trustee of an investment trust in a dispute with unitholders, including application to stay proceedings by reason of an arbitration agreement (led by Robert Craig SC, instructed by Hall & Wilcox)
  • Craigieburn Junction v Perpetual Corporate Trust Limited (County Court): acting for a developer in a dispute with an investor relating to the construction of a development agreement (led by Robert Craig SC, instructed by Hall & Wilcox).
  • Hai Hai Supplies Pty Ltd v Lieu Banh & Anor (County Court): acting for borrowers in a dispute with a lender with respect to the construction of a loan agreement (unled, instructed by SBA Law).

Shareholder Oppression:

  • In the matter of Synstrat Accounting Pty Ltd (Supreme Court): acted for a minority shareholder in an oppression proceeding (led by Ian Upjohn QC, instructed by Webb Korfiatis Commercial)
  • In the Matter of Gunn Freight Pty Ltd (Supreme Court):acted for a minority shareholder in an oppression proceeding (led by Robert Craig SC, instructed by Holding Redlich).

Franchise Disputes:

  • Brazilian Butterfly Pty Ltd v Jessica Louise Warr (County Court): acting for a franchisee in a dispute with a franchisor in three County Court proceedings relating to alleged debts owing under a franchise agreement, loan agreement and licence agreement (unled, instructed by Gadens).

Insurance:

  • Acting for five reinsurers with respect to a dispute with a captive insurer in relation to liability arising from multiple class action proceedings in the United States (led by Richard Attiwill QC, instructed by Kennedys).

Insolvency:

  • In the Matter of LGL Commodities Pty Ltd (In Liquidation) (Supreme Court): acting for the liquidators of LGL Commodities Pty Ltd in relation to insolvent trading claims made against former directors (led by Robert Craig SC, instructed by Gadens).

Building and Construction:

  • Platinum Construction (Vic) Pty Ltd v Straightline Contractors Pty Ltd (VCAT): acted for a subcontractor in a 4 day hearing in VCAT in relation to a dispute with a builder as to liquidated damages payable for delays (unled, instructed by HFW Australia).

Judicial and Merits Review:

  • Jender Pty Ltd v Flood Emergency Services Group Pty Ltd (Supreme Court): acting for a company seeking judicial review in the Supreme Court of a Magistrates’ Court decision, including stay application (unled in stay application, and otherwise led by Marcus Clarke QC and Emrys Nekvapil, instructed by Wisewould Mahony).
  • Acting for an accountant in a merits review of a decision of the Tax Practitioners Board to terminate his registration (unled, instructed by Webb Korfiatis Commercial)

Before coming to the bar, Justin was a Senior Lawyer at Clayton Utz. During his time at Clayton Utz, Justin represented clients in a variety of commercial disputes, including large product liability class actions. He also represented Commonwealth government departments in a number of judicial review proceedings, which involved solicitor advocacy at substantive hearings and appeals.

Earlier, Justin was Associate to Justice Hammerschlag, head of the Commercial List of the Supreme Court of New South Wales.

Justin holds a Bachelor of Arts and Bachelor of Laws, with first class honours, from Monash University.

 


 

 

From 25 October 2019, Liability limited by a scheme approved under Professional Standards legislation.


 

 

 

 


 


 

Back to List | Print Page




Page Top

AVAILABILITY

* Required

Title

First Name *

Last Name *

Email Address *

Phone Number

Preferred Date *

Comments

Join Dever's List

Are you interested in joining our list?

Read More

CPD Seminars

Subscribe to CPD Session Announcements.

Subscribe

McPhee Mediation Centre

Excellent facilities in a bright and roomy environment. The McPhee Mediation Centre has been designed to create an environment conducive to obtaining successful mediation results. Its configuration allows you to bring parties together for mediation and then separate them from private consultation as required.

Email: McPheeMediation@gmail.com

Read More