NATHAN MCOMISH

Bar Roll – 16th May 2013   
Admitted – 20th February 2013

Phone – 03 9225 7572
Mobile – 0414 759 198
Email – nathan@vicbar.com.au
Chambers – McOmish Chambers, 6th Floor, 552 Lonsdale Street, Melbourne VIC 3000

NATHAN MCOMISH

Bar Roll – 16th May 2013   
Admitted – 20th February 2013

Phone – 03 9225 7572
Mobile – 0414 759 198
Email – nathan@vicbar.com.au
Chambers – McOmish Chambers, 6th Floor, 552 Lonsdale Street, Melbourne VIC 3000

Admitted to practice in

  • Victoria

Area of Law

  • Bankruptcy/Insolvency
  • Commercial Law
  • Contract
  • Corporations (Company) Law
  • Disciplinary & Related Tribunals
  • Equity and Trusts
  • Guardianship/Mental Health (Protective Tribunals)
  • Land Acquisition/Valuation/Compensation
  • Magistrates Court – Civil
  • Mediation
  • Probate/Wills/Family Provision
  • Property Law/Sale of Land

About

Nathan has a keen interest in wills, estates, equity, trusts and commercial law. He was heavily involved in the new succession legislation:

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“Barristers Nathan and Carol McOmish were instrumental in bringing to the attention of members of Parliament and others in the legal profession some of the instances of injustice that would have occurred in the circumstances of the bill as it was originally brought to the Council….Most of us would agree that it would be unjust in those circumstances for someone of that nature to be cut out of any right to provision from the estate.”

Mr M Pakula, (now) Attorney General, Hansard, Legislative Assembly, 15 October 2014, Justice Legislation Amendment (Succession and Surrogacy) Act 2014, Second Reading.

Nathan has managed numerous TFM/Part IV claims. This includes advice on prospects, commencing proceedings, summary dismissal, directions and mediations, through to successful judgments at trial.

Nathan has obtained orders in the Probate Court for a range of applications, including:

– grants of probate;

– grants of letters of administration;

– rectification of a will;

– removal of executor;

– accounts of administration;

– informal wills;

– letters of administration ad colligendum bona; and

– withdrawal of renunciation of probate.

Nathan offers a unique mix of legal and commercial skills, with significant experience working in non-legal roles. Prior to joining the Bar, Nathan was Managing Director of Kristeva Consulting, advising Australian corporations and government departments on complex projects (typically $10-$250 million) including mergers, acquisitions, capital raisings, strategy, business turnarounds and program rollouts.

Given this background, Nathan acts in commercial disputes with a strong understanding of the underlying issues.

Nathan read with Richard Phillips. His senior mentor is Carolyn Sparke QC. Mr Phillips and Ms Sparke are co-authors of the leading Lexis Nexis looseleaf service, Wills Probate and Administration Service Victoria.

Recent presentations/papers/judgments:

Legal and Ethical Issues in Wills and Estates, Leo Cussen Willls & Estates Conference June 2013 (with Carolyn Sparke QC)

Case Law Update, Goulburn Law Association, August 2013

Legal and Ethical Issues in Wills and Estates, The Australian Italian Lawyers Association, Oct 2013

Leo Cussen Wills & Probate Bulletin case update Dec 2013

Television Education Network Wills & Estates Conference: Dealing with Weak Family Provision Claims, Feb 2014

Leo Cussen Wills & Probate Bulletin case update Mar 2014

Leo Cussen Wills & Probate Bulletin case update June 2014

Wicks & Anor v Melchiori [2014] VCC 1456

Leo Cussen Wills & Probate Bulletin case update Sep 2014

Chair, Legalwise Seminar, The Practicalities of Estate Disputes, Nov 2014

Leo Cussen Wills & Probate Bulletin case update December 2014

The Probate List, co-author

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