Bar Roll – 24 November 1994
Admitted – 10 March 1992
Phone – 03 9225 6558
Mobile – 0447 021 890
Email – firstname.lastname@example.org
Chamber – Floor 17, Room 1701, ODCW, 525 Lonsdale Street, Melbourne
2005 -Tenant, 3 Stone Buildings, Lincolns Inn
1995 – 2004 Barrister at the Victorian Bar, Australia
1992 – 1994 Solicitor, Blake Dawson Waldron, Melbourne, Australia
1990 – 1991 Associate to Justice Cox, Supreme Court of South Australia (Adelaide)
1990 – 1991 Tutor in the law of Evidence, University of Adelaide Law School
Joseph Carney has a broadly based commercial practice both acting as junior counsel in large disputes and as an advocate. In Australia he developed a substantial junior practice in which he advised and appeared in a broad range of substantial commercial and trust disputes. From 2005 to 2012 Joseph practiced substantially in England as a tenant of 3 Stone Buildings, Lincoln’s Inn.
Joseph Carney has experience in the following areas:
General commercial and company
Enforceability of an employee share scheme and valuation of a minority shareholding of a large private computer company (Ipex Software litigation.) A claim for damages for wrongful termination of a 15 year facilities management and equipment procurement agreement for a 54 story office tower (Nauru House Litigation). Numerous minority shareholder and unit trust disputes.
Fraud cases in both commercial and trust contexts, including Lurgi v Gratz (proceedings against a CFO, his wife and their accountant), the Michael Wilson and Partners Limited litigation (claims for breaches of fiduciary duty, knowing receipt and dishonest assistance in breaches of fiduciary duties) and Levy v Harpur (alleged forged Deed of Settlement).
Equity and Trusts
Cases involving the administration of unit trusts, including applications for the removal of trustees. Acting for an infant beneficiary of a trading trust operating a substantial winery seeking injunctive relief, the removal of the trustee and accounting remedies. The recovery of assets distributed pursuant to a dishonestly back-dated exercise of a power of advancement.
Banking and finance
Cases involving the enforcement of guarantees and mortgages.
Advising a leading accountancy firm on the investigation of an audit complaint by the ICAEW.
Acting and advising in relation to claims against solicitors and accountants for professional negligence. Advising on claims against actuaries.
Acting for insurers in disputes concerning issues such as avoidance for material non-disclosure and coverage; including acting and appearing (led by G Vos QC) on behalf of certain upper level excess insurers in a Bermuda form arbitration regarding the cancellation and coverage of policies potentially applicable to worldwide product liability lawsuits brought against a leading US pharmaceutical company.