JOSEPH CARNEY

Bar Roll – 24 November 1994    
Admitted – 10 March 1992

Phone – 03 9225 6558
Mobile – 0447 021 890
Email – jcarney@vicbar.com.au
Chamber – Floor 17, Room 1701, ODCW, 525 Lonsdale Street, Melbourne

JOSEPH CARNEY

Bar Roll – 24 November 1994    
Admitted – 10 March 1992

Phone – 03 9225 6558
Mobile – 0447 021 890
Email – jcarney@vicbar.com.au
Chamber – Floor 17, Room 1701, ODCW, 525 Lonsdale Street, Melbourne

Admitted to practice in

  • England
  • Wales

Area of Law

  • Administrative Law
  • Banking and Finance
  • Bankruptcy/Insolvency
  • Building and Construction Law (Incl Engineering)
  • Commercial Law
  • Common Law
  • Competition Law
  • Corporations (Company) Law
  • Equity and Trusts
  • Probate/Wills/Family Provision
  • Professional Negligence
  • Public Liability
  • Securities
  • Taxation (Including Revenue, Customs & Excise)

About

Professional Background

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

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Specific Areas 

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.

 

Civil fraud

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.

 

Arbitration

  • From 2005 to 2007, acting and appearing on behalf of certain upper level excess insurers in a confidential Bermuda form arbitration regarding the cancellation and coverage of policies potentially applicable to worldwide product liability lawsuits brought against a leading US pharmaceutical company
  • In 2008, acting and appearing in a substantial ad hoc confidential arbitration regarding breaches of fiduciary and contractual duties (including the diversion of business opportunities) arising out of a business venture in the Republic of Kazakhstan.

 

Professional Negligence

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.

 

Insurance

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.

 

Australian Cases

  • Michael Wilson & Partners Ltd v Nicholls and ors [2010] NSWCA 222, [2009] NSWSC 1033.  Claim against employees for breaches of fiduciary duties and dishonest assistance in relation to the misappropriation of certain business opportunities involving the listing of companies on AIM.
  • Levy v Harpur [2004] VSC 24:  acting for the executors of an estate where questions regarding the validity and effect of the will and certain trust instruments were raised, in particular whether a deed of trust allegedly executed by the testator was effective to effect a gift of property worth in excess of A$20 million where the deed contained a future commencement date.
  • Hosking v Ipex Software Services Pty Ltd [2004] VSC 299.  acting for the defendants in an assessment of damages for breach of an agreement to give the plaintiff 5% of the equity in a business which was subsequently the subject of a reverse takeover offer by a public company
  • Nauru House Litigation [2004]. acting for the defendant in an assessment of damages for wrongful termination in the second year of a 15 year facilities management and equipment procurement agreement for a 54 story office tower.
  • Briar Hill Litigation [2003/4]. (settled) acting for a minority shareholder and beneficiary in trading and property holding companies and trusts where issues of oppression and the mala fides exercise of a power of appointment by trustees arose.
  • Ipex Software Services Pty Ltd & Ors v Hosking [2000] VSCA 239:  acting for defendants in a matter dealing with the enforceability of an agreement to issue equity in businesses held through a series of companies and discretionary trusts
  • Lurgi (Aust) Pty Ltd v Ritzer Gallagher Morgan Pty Ltd [2000] VSC 277 and Lurgi (Australia) Pty Ltd v Gratz [2000] VSC 278:  acting for a large civil engineering firm in relation to recovery of assets and related claims arising out of frauds committed by their managing director and chief financial officer including dishonest assistance claims against the CFO’s personal accountant and various subcontractors.

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