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 acts in commercial, professional negligence, bankruptcy and during recent years extensively in family law.  She has appeared extensively in the Federal Circuit Court, Family Court, Federal 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 in the County Court and Supreme Court.
  • Property disputes including loan agreements, caveats and trusts.
  • Bankruptcy and winding up for trustees in bankruptcy, administrators, receivers.  In family law matters for spouses of bankrupts.
  • Appeals in the Supreme Court from tribunal decisions such as VCAT and in the Court of Appeal in respect of Property Law claim.
  • Building and construction disputes in VCAT.
  • Disciplinary actions against professionals including medical practitioners, surveyors and accountants.

Marie provides opinions and regularly drafts and settles documents. She also represents clients in mediations in disputes arising in various areas of law.

Some key matters Marie has been involved in:

  • In 2018, Marie represented an association in the takeover of a successful French language immersion program by the Department of Education for 300 students in an extensive project.
  • 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.
  • Apostolidis & Ors v Kalenik & Ors (No 2) [2011] VSCA 329 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. Question as to whether adjustment sum is just and equitable, fresh evidence, tax evasion, Deputy Commissioner of Taxation, constitutional questions.
  • ACC & Anor v. Coles Group Ltd [2011] VSC 490 for breach of contract claim, oral contract, interpretation, estoppel, quantum meruit claims.
  • 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.

Marie was the President of the French Australian Lawyers Society from 2014 to 2020.  She is a legal advisor to the French Honorary General Consul in Melbourne.

Marie prides herself on her excellent organisational skills, attention to detail, and her ability to relate to clients.

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.