Nathan McOmish

Barrister

Bar Roll: 16 May 2013
Admitted: 20 February 2013

Nathan is an experienced barrister specialising in wills, estates, equity, trusts, and commercial law, with expertise in succession legislation, probate, and complex estate disputes.

About Nathan

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

“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 KC. 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
Areas of Practice
Alternative Dispute ResolutionCivil Procedure LawContractual DisputesCorporate InsolvencyFamily ProvisionGuardianship and AdministrationPowers of AttorneyPropertyReal PropertySuperannuationTrustsWills and Probate
Jurisdiction
Victoria
To enquire about this barrister’s availability, suitability, or fees, please contact our our experienced Barristers' Clerks using the details below.

Anna Svenson

Director & Principal Clerk


Olimpia St George

Barristers' Clerk

Kristie Sullivan

Barristers’ Clerk

Dr Angus Cameron

Barristers' Clerk

Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister’s clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.

Related Learning & CPDs
Video

Recent Cases in Trusts, Equity and Probate

Paper

Recent Cases in Trusts, Equity and Probate Paper

Related Brief Chat Podcasts

Why 60% of Australians Die Without a Will | With Barrister Nathan McOmish – ‘Brief Chats’ Ep 8

In this episode of Brief Chats, host Anna Svenson, Director and Principal Clerk of Svenson Barristers, speaks with Nathan McComish, a barrister with more than a decade of experience in wills and estates litigation.

In Discussion with:

Svenson Barristers Melbourne

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