LYDIA KINDA

Bar Roll – 2004   
Admitted – 2001

Mobile – 0407 050 029
Email – lkinda@vicbar.com.au

LYDIA KINDA

Bar Roll – 2004   
Admitted – 2001

Mobile – 0407 050 029
Email – lkinda@vicbar.com.au

Admitted to practice in

  • Victoria
  • High Court
  • Federal Jurisdictions

Area of Law

  • Bankruptcy/Insolvency
  • Commercial Law
  • Corporations (Company) Law
  • Employment Law
  • Equity and Trusts
  • Mediation : Accredited Mediator
  • Probate/Wills/Family Provision

About

With legal expertise in wills and estates, commercial disputes and mediation coupled with significant experience working in non-legal roles in commercial enterprises, Lydia offers a mix of legal and commercial experience.

Prior to Law, Lydia worked across a range of sectors including the Commonwealth Government, mining, sales and administration in wholesale and retail in various industries including computer software and medical indemnity.

As a lawyer Lydia has found her commercial experience enhances her analysis of disputes as well as in mediations. Her multi-language skills have been useful in several disputes. Lydia’s particular interest in equity has led to her developing a strong practice in wills and estates as well as commercial disputes.

 

Other Languages: Czech (fluent), French and German.
Seminars:

Presenter to various Lawyers’ Associations, the Leo Cussen Centre for Law, CPDS and Legalwise in the areas of Trusts and Office Accounts, Wills and Estates, Civil Litigation, Commercial & Corporate Practice, Insolvency, Ethics and Professional Responsibility,Debt Recovery and Legal Practice

 

Memberships

AIFLAM, Commercial Bar Association; International Women’s Insolvency & Restructuring Confederation, Women Barristers Association, Victorian Women Lawyers Executive Committee;

 

Current Practice of advice and appearance work

Wills and Estates

  • Applications for ad colligenda bona, Administrator at litem, claims by stepchildren, undue influence of testator, Executors’ commission, iinter vivos disposal of property, codicils, overseas wills and property, retraction of Grant of Probate,   Part IV applications including by persons under a disability, parents, grandchildren, nieces and nephews, friends and out of time application,
  • Click here for list of cases

Equity & Trusts

  • Claims for equitable compensation for breach of fiduciary duty, assessment of equitable compensation and penalties in respect of equitable compensation, repudiation, restitution, tracing claims, resulting and constructive trustsprinciples for assessment of equitable compensation and penalties; Injunction and restraint of defendant in the jurisdiction
  • Click here for list of cases

Corporations Law

  • Claims for winding up on insolvent as well as just and equitable basis, shareholder oppression, managed investment schemes, breach of directors’ duties.
  • Click here for list of cases

Bankruptcy/Insolvency

  • Claims for winding up on grounds of insolvency, advice on impact of voluntary insolvency of individual and corporate clients, preferential payments claims, Creditors’ Petitions, Sequestration Orders and Review of Sequestration Orders, disputes regarding liquidations.

Commercial Law

  • Claims by individual and corporate clients relating to Retail Leases, Injunctions, Trident style insurance claims, misleading and deceptive conduct in commercial contracts, issues of uncertainty, repudiation and damages for breach of contract, breach of restraint of trade clauses, breach of fiduciary duty as an employee, misuse of confidential commercial information, claims for damages for breach and penalties.
  • Click here for list of cases

Other

  • Professional Negligence and Conflict of Interest claims, Building disputes, Family Law property settlement, divorce, issues re Insolvency, Superannuation and Estates; disputes within incorporated association, Guardianship Applications, sexual discrimination claims, legal professional privilege, various Victim of crime applications for assistance.
  • Click here for list of cases

Professional Standards Act 2003 [Vic] “Liability limited by a scheme approved under Professional Standards Legislation.”