Nicolas KirbyCONTACT DETAILS
Phone: +61 2 8029 6375
Fax: +61 2 9221 7183
Email Nicolas KirbyCLERK: Bob Rymer
Phone: (+61)(02) 9232 4016
Email Bob Rymer
- Administrative law
- Alternative Dispute Resolution (Incl Mediation & Arbitration)
- Banking, Securities and Insolvency
- Competition and Trade Practices
- Corporate and Commercial
- Criminal law
- Insurance - Commercial
- Media law
- Professional Negligence
- Wills & Estates, Family Provision Act, Probate
Nicolas was admitted as a legal practitioner in New South Wales in 2004. In September 2009, Nicolas commenced practice at the NSW Bar.
He practices primarily in the areas of commercial law, equity, competition and consumer law, trusts, corporations, insolvency, wills and probate.
Selected cases in which Nicolas has appeared include:
Warner v Mayfair Limited, in the matter of the Personal Insolvency Agreement of Gore  FCA 441 per Farrell J – Bankruptcy – Personal Insolvency Agreement – Entitlement to dividends – Trustees costs.
Pearce & Heers v Liprini (No 2)  NSWSC 530 per Hidden J – Costs – Lump sum costs order.
Australian Securities and Investments Commission v ActiveSuper Pty Ltd (in liq)  FCA 342 per White J – Corporations – Financial Services – SMSFs – Offshore funds – Misleading or deceptive conduct - Accessorial liability – Knowing concern.
Re R  NSWSC 1810 per White J – Mental health – Financial Management Order – NSW Trustee & Guardian.
ANZ Banking Group v Arapali  NSWSC 881 per McDougall J – Discovery and interrogatories.
Pearce & Anor (formerly Pascoe) v Liprini  NSWSC 1316 per Hidden J – Vexatious Proceedings Act – application to set aside vexatious proceedings order.
SPAR Licensing v MIS Qld  FCAFC 50 per Buchanan, Foster & Farrell JJ. Trade Practices – Franchise agreement. Breach of agreement. Whether misleading or deceptive conduct.
John v Toll North  NSWSC 152 per Button J – Appeal from Local Court decision concerning contract.
ASIC v ActiverSuper (No 2)  FCA 234 per Gordon J- Corporations – Appointment of Provisional Liquidators to trustee company (with Robins SC)
Snapperhead Productions Pty Ltd v Qantas Airways Limited  NSWLC 8 – Trade Practices – Misleading or deceptive conduct.
Product People (International) v Box Seat Company (in liq)  FCA 277 per Farrell J. Winding up. Statutory demand.
Product People (International) v Box Seat Company (in liq)  FCA 1437 per Farrell J. Costs award made against non-party funder.
Hyder v Commonwealth  HCATrans 194 – Special leave application in relation to powers of arrest; grounds for arrest. False imprisonment. (with D. Brogan)
Hung and Anor v Anthony John Warner and Steven Kugel in their Capacities as Joint & Several Liquidators of Bellpac Pty Ltd (Receivers & Managers Appointed) (in Liquidation)  HCATrans 280 – Special leave application concerning the beneficial ownership of bonds.
Tobin v Ezekiel  NSWCA 285 per Basten, Campbell & Meagher JJA – Wills and Estates – revocation of probate – suspicious circumstances – knowledge and approval – evidentiary presumptions – Family Provision Order.
Krecichwost v The Queen  HCATrans 294 – Special leave application – Criminal appeal – Crown alleged motive on the basis of arguably erroneous statement of the law in relation to the circumstances a dividend may be paid.
Shannessy v Beattie & Ors  NSWCA 88 per Basten JA and Sackville AJA– Appeal - civil - arguable case for appeal against primary judge's conclusions of law – leave refused where matter in issue $100,000 or less.
QBE Insurance (Australia) Limited v Gregory Robert Hotchin and Ors  NSWSC 681 per Bergin CJ in Eq – Anti-suit injunction (with Fagan SC).
Re Hegarty  NSWSC 1194 per Gzell J – Trusts. Acting for RSPCA. Non-charitable purpose trusts.
Smirski v Macander (No 2)  NSWSC 373 per Hallen AsJ. Succession – Property (Relationships) Act.
Goodridge v Macquarie Bank Ltd & Anor  HCATrans 154 – Special Leave Application – Contract - Margin Loans (with Rayment QC and Kennett SC)
Northern NSW Football Ltd v Chief Commissioner of State Revenue  NSWCA 51 per Allsop P, Handley AJA and Gzell J – Taxation - Charitable exemption from payroll tax.
QBE Workers Compensation (NSW) Ltd v BAe Systems Regional Aircraft Ltd,  NSWSC 82 per Latham J. Claim in relation to a certain class of aircraft. Summary dismissal, Abuse of Process (with R Williams QC).
Jammal v Emirates (Supreme Court, settled before hearing). Personal injury suit under Art. 17 of the Warsaw Convention (as amended). Acting for Emirates (with R Williams QC).
Fan v South East Sydney and Illawarra Area Health Service),  NSWSC 123 per Harrison J – Practice & Procedure, UCPR 31.36 and 12.7 (with K Connor SC).
Bondi Beach Astra Retirement Village Pty Ltd v Gora  NSWSC 81 per Bryson AJ – Strata title – Vendor and purchaser – Retirement Villages – Laches – Restraint on alienation of property.