• New South Wales
• Queensland
• Victoria

• Alternative Dispute Resolution
• Administrative Law
• Banking & Finance
• Bankruptcy / Insolvency
• Commercial Law
• Common Law
• Competition Law
• Property Law / Sale of Land

This year Stephen celebrates his 30th year at the Victorian Bar.

During that time he has appeared in a vast number of matters.

Stephen has extensive experience in commercial law cases including property disputes, leasing disputes, sale of land contract disputes, caveat removal applications, adverse possession claims, license disputes, real estate agents commission disputes, building cases, a wide range of professional negligence suits against lawyers, engineers, accountants and valuers, banking and finance cases including disputes over loans, guarantees, mortgages and securities, misleading and deceptive conduct claims, joint venture and partnership disputes, estate matters, corporations law matters including ASIC hearings, oppression cases, insolvency law, applications to set aside statutory demands, tax matters, liquor licensing matters, legal professional disciplinary matters, injunctions and a wide range of commercial contract disputes. Stephen also has experience as a mediator.

Stephen has a loyal group of clients and instructors for whom he has acted for decades and who have come to rely on his practical and sensible commercial advice and guidance in the management and conduct of complex commercial litigation.  Stephen acts for a number of large property developers, builders, hotels and other businesses.

Prior to coming to the Bar Stephen worked for the National Companies and Securities Commission and was an associate at Rogers & Gaylard during which time he acted in the case which prevented the merger of the Footscray and Fitzroy football clubs, the history of which was reported in the 2017 edition of the Victorian Bar News.

Stephen has been active in the Footscray community for many years.  He is a member of the Rotary Club of Footscray and Secretary of the Western Region Aged Care Fund.

Stephen has a keen interest in music and the arts.  He has been MC at the Yarraville Carols by Candlelight and the Footscray Arts Prize award.

Recent cases 

2020 

Cant v Mad Brothers Earthmoving Pty Ltd [2020] VSCA 198.
Represented the Respondent in successfully resisting an appeal by a liquidator against a decision dismissing the liquidator’s claim for recovery of an alleged preference payment involving third party payments, consideration of the” good faith” defence and payment by an undisclosed principal. The decision has been the subject of numerous articles and academic discussion.

Paragreen v Lim Group Holdings Pty Ltd [2020] VSCA 84; 61 VR 293. Successful appeal against decision as to the enforceability of an unregistered restrictive covenant and a finding of fraud. The case involved consideration of issues of indefeasibility of title, what constitutes fraud for the purpose of s. 42 and 43 of the Transfer of Land Act 1958 (Vic) and the difference between “in personam” claims in equity and actual fraud.

Willlows Kerang v MA Legal Pty Ltd.
Professional negligence suit against solicitors in connection with mortgage lending and alleged misapplication of client funds, valuation evidence and apportionment of liability issues.

Victorian COVID-19 Hotel Quarantine Inquiry.
Represented Holiday Inn (Melbourne Airport) during the Victorian COVID-19 Hotel Quarantine Inquiry.

MDS Assets Pty Ltd & Ors V Annette Mowbray & Ors SECI 2020 01025
Successful application for removal of caveat and resisting grant of freezing orders.

LTE Construction Group v 22 New Street Altona.
Claim involving payment for excavation and remediation works on contaminated site, involving consideration of complex contract provisions and EPA regulatory requirements.

Acumen Finance v Larapinta Project Pty Ltd.
Successful application for removal of caveat lodged to support equitable charge.

2019

Ran Bi & Sortop Pty Ltd v Yingde Investments Pty Ltd [2019] VSC 324.
Lead junior counsel to Michael Wyles QC. Represented successful Defendants/Plaintiffs by counterclaim in complex dispute involving contracts for the purchase of land valued at in excess of $100m, disputed nomination forms and issues of agency, assignment, claims in misleading and deceptive conduct and estoppel.

Zaitsev v Urbanworks & Ors.
Large and complex domestic building dispute involving 11 Respondents including surveyors, architects, engineers and complex issues of apportionment of liability, including an application to injunct Applicant’s former solicitors from later acting against Applicant in the same proceeding.

Re Eliana Construction and Developing Group Pty Ltd (No 2) [2019] VSC 546.  Successful appeal against finding that a third party payment constituted an unfair preference payment, claim for recovery of alleged preference payment arising from third party payment, “the good faith defence” and payments by undisclosed principal.

2018

Lim Group Holdings Pty Ltd v Paragreen & Anor [2018] VCC 1677.  Successfully defended claim brought by owners of a large complex alleging unlawful obstruction of registered easement of carriageway in circumstances where the complex had been built on land contained in multiple titles and the easement of carriageway was only registered on one title. The issues considered in the case included whether adjoining properties were entitled to the benefit of the easement, excessive use of easement, construction of terms of settlement and sale of land contract, whether an unregistered restrictive covenant contained in terms of settlement entered by predecessors in title enforceable against subsequent registered proprietors, indefeasibility of title, fraud exception under s. 42 & 43 of the Transfer of Land Act 1958.

Shape Shopfitters v Cornwall Stoddart.
Professional negligence claim involving negligent advice as to prospects of intellectual property litigation and advice given during mediation.

Zaitsev v Strucsand Consulting Group Pty Ltd & Ors [2018] VCAT 659.
Led by George Golvan QC, Complex building dispute against 11 Respondents, included an application for orders restraining Applicant’s former solicitors from acting against him in the same proceeding.