MARIE WILKENING-LE BRUN

Bar Roll – 24 May 2007   
Admitted – 01 June 2005

Mobile – 0405 985 976
Email – mwlb@vicbar.com.au

MARIE WILKENING-LE BRUN

Bar Roll – 24 May 2007   
Admitted – 01 June 2005

Mobile – 0405 985 976
Email – mwlb@vicbar.com.au

Admitted to practice in

  • Victoria
  • New South Wales
  • United Kingdom & Wales [2002]

Area of Law

  • Bankruptcy/Insolvency
  • Commercial Law
  • Contract
  • Corporations (Company) Law
  • Family Law (Including Defacto)
  • Insurance Law
  • Magistrates Court – Civil
  • Professional Negligence
  • Property Law/Sale of Land

About

Marie is highly organised, motivated and able to deal with complex and large matters.

Marie has acted in commercial, contract law, professional negligence and during recent years extensively in family law.  She has appeared extensively in the Federal Circuit Court, Family Court, Magistrates Court, County Court and the Supreme Court.

Marie has appeared in:

  • Family law matters both children and property matters
  • Contractual disputes, partnership disputes, loan agreements
  • Property disputes
  • Bankruptcy and winding up
  • Appeals in the Supreme Court from tribunal decisions

Some key cases Marie has been involved in:

  • ACC & Anor v. Coles Group Ltd [2011] VSC 490 as a junior to Michael Heaton QC for alleged breach of contract in respect of catalogue production and distribution savings, were contracts formed, oral contract, interpretation, estoppel, quantum meruit claims.
  • Apostolidis & Ors v Kalenik & Ors (No 2) [2011] VSCA 329 related to an appeal against an adjustment order under the Property Law Act, whether costs orders proportionate, whether offer of compromise should have been inspected.
  • Apostolidis & Ors v Kalenik & Ors [2011] VSCA 307 related to adjustment of property law orders, Appellant grew a substantially successful business, respondent made contributions to business and homemaker. Question as to whether adjustment sum is just and equitable, fresh evidence, tax evasion, Deputy Commissioner of Taxation, constitutional questions.
  • Caruana & Anor v DPP [2011] VSC 658 related to fraud offences and whether funds held for a partner were held on trust. Whether the funds are tainted property or derived property, Confiscation Act 1997.
  • Derham & Spiller [2014] FCCA 827 related to a parenting dispute, child was in the primary care of the mother, dispute as to parental responsibility, father’s religion, name, and country – whether a child of only 4 years old should be permitted to travel unaccompanied by his mother to the father’s country.
  • IG Markets Ltd v Huang [2013] VCCC 1961 related to mortgage broker who traded in derivatives, CFD – applications to set aside default judgments, Defendant unable to sell contracts on plaintiff’s trading platform quickly enough to avoid extensive losses.

Marie is President of the French Australian Lawyers Society.  She is a legal advisor to the French Honorary General Consul in Melbourne.

Prior to being called to the Bar, Marie worked at leading law firm in the UK, where she acted in disputes relating to EU Law, competition law in the Court of Appeal and in the European Court of Justice.

Qualifications:

  • Bachelor of Laws, University London, UK.
  • Bachelor of Arts, Post Graduate Diploma and Honours Degree, the University of Melbourne.
  • Post Graduate Diploma Legal Practice, the University of Bristol, UK.