Shelley Scott

Call: 2018

Tel: +61 2 8227 4400
Email: scott@universitychambers.com.au

Practice Areas

  • Bankruptcy and Insolvency
  • Commercial and Equity
  • Competition and Consumer Law
  • Commissions of Inquiry
  • Coronial Inquests
  • Corporations Law
  • Proceeds of Crime
  • Regulatory Matters
  • White Collar Crime

Admissions and Appointments

  • Admitted as a Barrister: 2018
  • Admitted as a Solicitor: 2007

Qualifications

  • BA/LLB (with Distinction)
  • Member of ARITA (Australian Restructuring Insolvency Turnaround Association)

Select Cases

As Junior Counsel (led):

  • Breach of directors’ duties; deceit, misleading and deceptive conduct: Kalaf & Ors v ICAP Australia Pty Ltd [2021] NSWSC 656, led by David Mackay
  • Trespass, damages, mesne profits: Sydney Local Health District v Macquarie International Health Clinic Pty Ltd [2020] NSWCA 274, trespass, damages for trespass, mesne profits, led by David Williams SC and Bora Kaplan (special leave pending)
  • Creditors’ scheme of arrangement: In the matter of Ovato Print Pty Ltd [2020] NSWSC 1683; 150 ACSR 32, led by Ian Jackman SC
  • Termination of contract: Macquarie International Health ClinicPty Ltd v Sydney Local Health District [2020] NSWCA 161; 103 NSWLR443 led by Ian Jackman SC and J Williams
  • Restitution, breach of contract: O’Donnell v Goway Travel Pty Ltd [2020] NSWSC 682, led by Lachlan Gyles SC and Adrian Maroya
  • Inquiry into the conduct of a liquidator, Commissioner of Taxation v Iannuzzi [2018] FCA 1053, led by David McLure SC and Thomas Prince.
  • 444GA application, Federal Court of Australia: In the matter of Sphere Healthcare, led by David Sulan
  • Redomiciliation scheme of arrangement: Champion Iron Limited, in the matter of Champion Iron Limited [2020] FCA 81 led by Michael Izzo SC
  • Members’ scheme of arrangement: URB Investments Limited, in the matter of URB Investments Limited (No 2)[2019] FCA 2160 led by Ross Foreman SC
  • Redomiciliation scheme of arrangement: Sundance Energy Australia Limited, in the matter of Sundance Energy Australia Limited [2019] FCA 1944 led by Michael Izzo SC
  • Members’ scheme of arrangement: Xenith IP Group Limited, in the matter of Xenith IP Group Limited [2019] FCA 173, led by Tiffany Wong SC
  • Members’ scheme of arrangement, Folkestone Limited, in the matter of Folkestone Limited (No 2) [2018] FCA 1593, led by Michael Izzo SC

As Junior Counsel (unled):

  • Inquest into the death of Ian Fackender
  • Application for freezing orders (instructed by the Australian Taxation Office)
  • Inquest into the death of Makushla Nikolaevsky:https://coroners.nsw.gov.au/coroners-court/download.html/documents/findings/2020/NIKOLAEVSKY_FINDINGS.pdf
  • Application to transfer proceedings interstate: Charoen Pokphand Foods Public Company Ltd v Aqua Star Pty Ltd [2020] NSWSC 1373
  • Setting aside statutory demand: In the matter of Hengji Development Pty Ltd [2019] NSWSC 1515
  • Leave to file an amended defence: Apollo Kitchens (NSW) Pty Limited v Goway Travel Pty Limited [2019] NSWSC 1913
  • Breach of contract, ostensible authority,restitution: 
  • Indemnity costs application, Morris v McConaghy Australia Pty Ltd (No 5)[2018] FCA 1582
  • Breach of retail lease, Zambrero Property Pty Limited v H&L Invest Pty Limited [2019] (unreported), Local Court of New South Wales hearing: retail leases
  • Security for costs, Supreme Court of New South Wales, Mao and Sun Pty Limited v Shaoyong Guo
  • District Court Proceedings: appeared on various interlocutory applications, including applications for security for costs and procedural motions.
  • Corporations List matters: appeared in various Corporations List matters including applications for winding up and statutory demand proceedings
  • Local Court proceedings: appeared in various Local Court hearings, including in relation to the Australian Consumer Law.

As a solicitor:

  • Royal Commission into Trade Union Governance and Corruption: Secondment to Solicitor Assisting the Commission team.
  • Inquiry into the conduct of a liquidator: Commissioner of Taxation v Iannuzzi[2018] FCA 1053
  • Acted for Deloitte in their capacity as provisional liquidators appointed to various entities within the Plutus Group of companies which are at the centre of allegations concerning a significant fraud on the ATO.
  • Acted for GlaxoSmithKline Australia in connection with an ACCC and New Zealand Commerce Commission investigation.
  • Acted for GlaxoSmithKline Australia in its misleading and deceptive conduct claim concerning Nurofen: GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser (Australia) Pty Limited (No 2) [2018] FCA
  • Acted for SingTel Optus in NSW Supreme Court breach of fiduciary duty and misleading and deceptive conduct proceedings against former senior employees: SingTel Optus v Almad [2013] NSWSC1098 and on appeal Hasler v SingTelOptus Pty Ltd; Curtis v SingTel Optus Pty Ltd; SingTel Optus Pty Ltd v Almad Pty Ltd (2014) 87 NSWLR 609.
  • Acted for a publicly listed mining company in misleading and deceptive conduct proceedings under the Corporations Act 2001 (Cth).
  • Acted for ANZ (and receivers appointed by ANZ) in recovery proceedings and public examinations concerning a property developer.
  • Acted for Vitaco Holdings Limited in connection with a members’ scheme of arrangement.
  • Acted for Challenger Managed Investments in connection with the ASIC investigation into Storm Financial.
  • Acted for SingTel Optus in public examination of the directors of Sumo Distribution and StoragePty Ltd (in Liquidation)
  • Acted for Axiom Molecular Pty Ltd the respondents to proceedings brought seeking damages and account of profits for breach of fiduciary duties: Global Medical Solutions AustraliaPty Ltd v Axiom MolecularPty Ltd [2012] NSWSC 1517.
  • Acted for Challenger Managed Investments Limited and the Colonial First State Investments (the trustees) of two frozen managed investment funds in judicial advice proceedings concerning unsolicited attempts by a company to purchase the units of several investors for a fraction of fair market value: See Challenger Howard Mortgage Fund [2011] NSWSC 213 and Colonial First State Investments Ltd as Responsible Entity for ColonialFirst State Mortgage Income Fund, Re [2011] NSWSC 484.
  • Acted for the voluntary administrators of the Westbus Group of companies in protracted proceedings by minority shareholders alleging oppression and breaches of directors’ duties.
  • Acted for adopted son in proceedings concerning mental capacity to grant a power of attorney and statutory will: Scott v Scott [2012] NSWSC 1541

Download CV here.