Melissa Tovey

Barrister

Called to the Bar: 1 May 2014

Areas of Practice

  • Commercial
  • Equity
  • Mortgage & Property
  • Corporations
  • Family Law
  • Wills & Probate

Selected Decisions:

Gustin Group Pty Ltd and anor v Phoenicia Trading Pty Ltd and Gilmour

Citation: [2015] NSWSC 1912


Gustin Group Pty Limited v Phoenicia Trading Pty Ltd

Citation: [2015] NSWSC 1071


Bright v Chief Commissioner of State Revenue

Citation: [2015] NSWCATAD 80


Commonwealth Bank of Australia v Green

Citation: [2015] NSWSC 1488


About Me

Melissa’s experience includes:

Mortgage enforcement: Advising and appearing in New South Wales, Queensland and Victoria on enforcement of equitable mortgages on behalf of lenders.

Commercial Litigation:
- Advising and appearing in bankruptcy proceedings, including, substitution as petitioning creditor;
- Advising and acting in relation to claims for defecting building works (CTTT/ NCAT);
- Advising and acting in Supreme Court equity proceedings for debt recovery including tracing claims;
- Advising and acting in relation to claims of breach of fiduciary duty (Supreme Court);
- Advising and acting against banking institutions in debt recovery proceedings including mortgagee in possession, tracing claims and mortgage disputes;
- Advising and acting against the ATO (various jurisdictions) in debt recovery proceedings including formal objections to ATO and AAT applications for review of decisions;
- General debt recovery (various jurisdictions);
- General commercial disputes (various jurisdictions) including property/leasing;
- Administrative – advising governmental regulatory bodies in relation to public interest immunity.

Corporations:
- Applications to confirm appointment/removal of liquidators;
- Advising and appearing in relation to winding up applications;
- Advising and acting for liquidators in respect of all administration aspects of liquidation including advice as to recoverability of voidable transactions and advice in relation to liquidators obligations and duties;
- Part 5.3A – DOCA – drafting and applications to set aside;
- Advising and acting in relation to s459 demands;
- Advising and acting for liquidators (and others) in proceedings, for example:
- regarding unreasonable director-related transactions (s588FDA);
- seeking recovery from directors for insolvent trading (s588G);
- seeking recovery of compensation resulting from insolvent trading (s588M);
- against a holding company/shadow director claims (ss588V and 588W);
- public examinations (s596A & 596B).