MARIE WILKENING-LE BRUN

Bar Roll – 24 May 2007   
Admitted – 2005

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

MARIE WILKENING-LE BRUN

Bar Roll – 24 May 2007   
Admitted – 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 acts in matters relating to commercial and contract law, professional negligence, construction, torts and family law.

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She has appeared extensively in the Magistrates’ Court, the Federal Magistrates’ Court, the County and Supreme Courts as well as before disciplinary tribunals.

She has appeared in:

  • applications setting aside freezing orders
  • applications for review of decisions against medical practitioners
  • loan agreement disputes including claims of alleged fraud and misappropriations of funds
  • partnership disputes
  • professional negligence claims
  • client and solicitor costs disputes
  • property disputes
  • bankruptcy and winding up applications and appeals in the Supreme Court

 

As a junior barrister, she has acted in a numerous complex claims and lengthy trials.

Marie provides opinions, drafts court pleadings including detailed witness statements.

Marie is a legal advisor to the French General Consul in Melbourne.

Prior to being called to the Bar, between 2000 and 2005, Marie worked for leading law firms in the UK on large complex matters, where she acted in disputes relating to EU law, competition law including test cases on aspects of EU law in the Court of Appeal and the European Court of Justice.

Marie also speaks French and German and is President of the French Australian Lawyers Society.

Some of the key cases she 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.
  • Van Susteren v Packaje Pty Ltd [2008] VSC 586, an appeal from VCAT, relating to natural justice and documents not produced before hearing

 

Qualifications:

Bachelor of Laws, the University College 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.

German for Foreign Students, University of Gottingen, Germany.

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