Vivien has been practising in insolvency and commercial litigation since her admission in 2010, and regularly appears in the Federal Court and the Supreme Court of NSW.
Vivien’s insolvency experience largely involves acting for insolvency practitioners in relation to various issues that arise throughout the course of their appointment, acting for secured and ordinary creditors, as well as individuals and companies in financial distress.
In terms of commercial litigation, Vivien’s experience is broad, and she represents clients in partnership disputes, contractual disputes, claims of misleading or deceptive conduct, copyright infringement claims, as well as requests for information and proceedings commenced by regulatory authorities.
Administration of a large mining company — acted for and advised the Administrators of a large mining company throughout the course of the administration on various issues, including liaising with an appointed Receiver and Manager, and dealing with claims made by creditors.
ASIC Proceedings — acted for the director of a listed company in proceedings commenced by ASIC, seeking declarations that the Corporations Act had been contravened, and calling for orders for pecuniary penalties.
Breach of Restraint — acted for a Plaintiff in Supreme Court proceedings regarding the breach of a restraint clause (competition) by an employee, seeking significant damages.
Esports — acted for an esports team in relation to a dispute arising from the payment of in-game profits.
Provisional Liquidators — acted for Provisional Liquidators in Supreme Court proceedings surrounding the sale of assets (property and produce).
Receivership — acted for a Receiver over the assets of a company, including the sale of company’s land and business, dealing with shareholder disputes, dealing with creditors, and defending an application concerning the receiver’s conduct in relation to the sale of the land and business.
Special Leave Application — acted on an Application for Special Leave to the High Court arising from the Full Federal Court’s assessment of how damages in a misleading or deceptive conduct claim ought to be considered.
Trustee in Bankruptcy — acted for a Trustee in Bankruptcy in defending an application that the Trustee’s decision to sell a property ought to be reviewed.
University — acted for a University in relation to judicial review proceedings in the Supreme Court based on a disciplinary decision, on an expedited timetable.