LEANA PAPAELIA

Bar Roll – 2012 
Admitted – 2007

Phone – +61 3 9229 5037
Mobile – +61 4 03 123 291
Email – leana.papaelia@vicbar.com.au
Chambers – Level 16, Room 1613, Castan Chambers, 460 Lonsdale Street, Melbourne 3000

LEANA PAPAELIA

Bar Roll – 2012 
Admitted – 2007

Phone – +61 3 9229 5037
Mobile – +61 4 03 123 291
Email – leana.papaelia@vicbar.com.au
Chambers – Level 16, Room 1613, Castan Chambers, 460 Lonsdale Street, Melbourne 3000

Area of Law

  • Administrative Law
  • Arbitration
  • Bankruptcy/Insolvency
  • Commercial Law
  • Contract
  • Corporations (Company) Law
  • Equal Opportunity
  • Equity and Trusts

About

Leana practises in commercial and public law with a focus on banking and finance, regulatory proceedings, class actions and insolvency.

Before coming to the Bar, Leana worked in the commercial litigation team at King & Wood Mallesons (previously Mallesons Stephen Jaques), having completed her articles there.  She also worked at the Victorian Equal Opportunity and Human Rights Commission.

Banking, finance and regulatory

  • Australian Securities and Investments Commission v Dixon Advisory & Superannuation Services Ltd, No VID 595 of 2020: acting for Dixon Advisory in civil penalty proceedings concerning advice given in respect of related party products and best interests obligations (led by Dr Michael Rush QC with Tim Farhall instructed by Herbert Smith Freehills)
  • Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited, No VID 197/2016: acting for ANZ in an application relating to the Harman obligation and documents concerning the bank bill swap rate (led by Dr Michael Rush QC instructed by Clayton Utz)
  • Australian Securities and Investments Commission v  Darranda Pty Ltd and Rent4Keeps (Aust) Pty Ltd, No VID 181 of 2022: acting for ASIC in claim alleging that Darranda and Rent4Keeps contravened consumer protection provisions under the National Consumer Credit Protection Act and the Code and adopted business models designed to avoid the application of those provisions (led by Fiona McLeod AO SC instructed by ASIC)
  • Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited, No QUD 445 of 2019: acting for ANZ in civil penalty proceedings concerning periodical payment fees (led by Matthew Collins AM QC and Dr Michael Rush QC with Caryn Van Proctor and Tim Jeffrie instructed by Ashurst)
  • Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry: acting for ANZ (in a team led by Matthew Collins AM QC and Dr Michael Rush QC instructed by Ashurst)
  • National Australia Bank Ltd v John Maxwell Tresize, VG No 200 of 1992: acting for NAB in relation to whether the jurisdiction of the Federal Court was functus officio (unled instructed by King & Wood Mallesons)
  • Australian Securities and Investments Commission v Financial Circle Pty Ltd [2018] FCA 1644: acting for ASIC in civil penalty proceedings concerning best interests obligations (led by Lachlan Armstrong QC instructed by ASIC)
  • Australian Securities and Investments Commission v Wealth & Risk Management Pty Ltd (No 2) [2018] FCA 59: acting for ASIC in civil penalty proceedings concerning best interests obligations (led by Lachlan Armstrong QC instructed by ASIC)
  • Australian Securities and Investments Commission v AMP Limited and Clayton Utz, No VID 1603 of 2018: acting for ASIC in application concerning claim for legal professional privilege over documents relating to fees-for-no-service conduct (led by Fiona McLeod AO SC instructed by ASIC)

 

Class actions

  • Kosen-Rufu Pty Ltd v Dixon Advisory and Superannuation Services Ltd, VID 640 of 2021: acting for Dixon Advisory in claim concerning advice in respect of related party products (led by Michael Rush QC with Tim Farhall instructed by Herbert Smith Freehills)
  • Edmund How Fen Yong v Westpac Banking Corporation, VID 1373 of 2019: acting for the plaintiffs in a claim against Westpac alleging breaches of the Anti-Money Laundering and Counter-Terrorism Financing Act (led by Elizabeth Collins SC with Dion Fahey instructed by Phi Finney McDonald)

 

Insolvency

  • Blakeley, in the matter of Akron Roads Pty Ltd (In Liquidation) [2020] FCA 1378: acting for the liquidators of Akron in respect of an application to treat ANZ as subrogated to the rights of employee creditors in respect of priority debts (unled instructed by King & Wood Mallesons)
  • Amerind Pty Ltd (In Liquidation) (Receivers and Managers Appointed) v Carter Holt Harvey Woodproducts Australia Pty Ltd, SCI 2016 03108: acting for Carter Holt Harvey in respect of an unfair preference claim brought by Amerind (led by Penny Neskovcin QC and Hamish Austin QC instructed by K&L Gates)
  • Penrice Soda Products Pty Ltd (In Liquidation) v Guy Redver Roberts and ors, VID 1025 of 2017: acting for the liquidators of Penrice in an insolvent trading claim (led by Penny Neskovcin QC with Sam Rosewarne instructed by King & Wood Mallesons)
  • Laura Ashley Pty Ltd (In Liquidation) v Commissioner of Taxation, S ECI 2017 00298: acting for the liquidators of Laura Ashley in an unfair preference claim (led by Hamish Austin QC instructed by K&L Gates)
  • Penrice Soda Products Pty Ltd (In Liquidation) v Kalari Pty Ltd, VID 360/2017: acting for Kalari in respect of an unfair preference claim (led by Hamish Austin QC instructed by K&L Gates)
  • Re Mossgreen Pty Ltd (In Liquidation) [2018] VSC 230: acting for the liquidators of Mossgreen in respect of an application concerning uncollected goods (unled instructed by King & Wood Mallesons)
  • Australian Securities and Investments Commission v Uglii Corporation Ltd (No 2) [2016] FCA 1511: acting for ASIC in winding up application (led by Michael Pearce SC instructed by ASIC)
  • Australian Securities and Investments Commission v Planet Platinum Limited, SCI 2015 01790: acting for ASIC in costs application concerning winding up of Planet Platinum (led by Michael Pearce SC instructed by ASIC)
  • Re Aegis Correctional Partnership Pty Ltd [2012] VSC 310: acting for the receivers and managers of Aegis in an application concerning the extension of a convening period (unled instructed by King & Wood Mallesons)

 

General commercial

  • Ironbridge Holdings Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) v O’Grady [2020] VSC 344: acting for Ironbridge in restitution and contract claim concerning contract for the sale of land (led by Robert Hay QC instructed by Logie-Smith Lanyon)
  • In the matter of State Trustees Limited: acting for the Australian Red Cross Society in application to vary a charitable trust deed (unled instructed by King & Wood Mallesons)
  • Carrera Z Projects Pty Ltd v Soho Malvern East Pty Ltd, SCI 2018 01046: acting for Carrera in application for production of trust documents (unled instructed by King & Wood Mallesons)
  • Oenfao Dental Supply Pty Ltd v SD Holding Group Pty Ltd, S ECI 2017 00184: acting for SD Holding Group in oppression proceeding (led by Charles Shaw QC instructed by Bedelis Lawyers)
  • IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd [2017] VSCA 178 and [2017] VSC 23: acting for CB Cold Storage in appeal concerning whether leased premises are retail premises (led by Robert Hay QC instructed by Burke & Associates)
  • The Big Apple Group Pty Ltd v Melbourne City Council [2019] VSC 147 and [2018] VCAT 1323 and [2018] VCAT 1881: acting for Melbourne City Council in opposition to an appeal of a decision of VCAT finding that it did not have jurisdiction (unled instructed by Maddocks)
  • Robert Planner v Gregory Grant Baines, No SCI 2017 00322: acting for Baines in an undue influence and misleading or deceptive conduct claim concerning a contract for the sale of land (led by Robert Hay QC instructed by PCL Lawyers)
  • Primrose Meadows Pty Ltd v River View Pty Ltd [2019] VSC 263 and [2019] VCAT 631 and [2018] VCAT 1623: acting for River View opposing application to appeal a decision of VCAT concerning a retail lease dispute (unled instructed by Bardoel & Adams)
  • Fei Y Group Pty Ltd v Lendlease Shopping Centre Development Limited, VCAT No BP 76/2017: acting for Fei Y Group in misleading or deceptive conduct claim relating to a retail lease (led by Robert Hay QC instructed by Bedelis Lawyers)
  • J&A Vaughan Super Pty Ltd v Becton Property Group Limited [2013] FCA 340: acting for J&A Vaughan in preliminary discovery application (unled instructed by King & Wood Mallesons)
  • Kevin McDowell and others v Lattice Energy Limited, SCI 2017 05012: acting for McDowell in claim for compensation under the Pipelines Act (led by Robert Hay QC instructed by David Ryan & Associates)
  • Fabfloor (Vic) Pty Ltd v DTM Pty Limited: giving advice to DTM in relation to negligence claim and duty of care (led by Charles Shaw QC instructed by Norton Gledhill)
  • Almas Almonds Pty Ltd v Select Harvests Limited: giving advice to Almas in relation to negligence claim and duty of care (led by Charles Shaw QC instructed by Gadens)
  • Roadstar Caravans Pty Ltd v Camec Pty Ltd, CI-14-01841: acting for Camec in application for further and better discovery (unled instructed by King & Wood Mallesons)
  • Opes Prime Group Pty Ltd (In Liquidation) (Scheme Administrators Appointed) v Brendan Santamaria, SCI 2014 01321: acting for Opes Prime in claim under loan and guarantee (unled instructed by King & Wood Mallesons)

 

Public law

  • Arbabun v Comptroller-General of Customs, No VID 86 of 2017: acting for Arbabun in relation to claim concerning validity of seizure warrant and seizure notice and forfeiture of goods (led by Rowena Orr QC instructed by De Marco Lawyers)
  • Joshua David Fuoco v Australian Securities and Investments Commission, AAT No 2016/2657: acting for ASIC in opposition to application for review of decision by ASIC to disqualify Fuoco from managing corporations (unled instructed by ASIC)
  • MZZWM v Minister for Immigration [2014] FCCA 2078: acting for the applicant seeking review of a decision of the Refugee Review Tribunal (unled instructed by Victoria Legal Aid)
  • Tarkine National Coalition Incorporated v Minister for Sustainability, Environment, Water, Population and Communities [2013] FCA 694: acting for Tarkine in application for judicial review of decision to approve the development and operation of a mine in Tasmania (led by R Niall SC and E Nekvapil instructed by Bleyer Lawyers)

Liability limited by a scheme approved under Professional Standards legislation.