Expertise

Appellate | Banking & Finance | Bankruptcy Law & Insolvency Law | Building Law & Construction Law | Commercial Law | Corporations Law & Securities Law | Equity & Trusts Law | Property Law | Public Law & Administrative Law |

Profile

Felicity has a broad commercial practice. Her practice areas include equity and trusts, corporations and securities (including directors duties and shareholder disputes), personal and corporate insolvency and property. Felicity appears regularly in the Federal, Federal Circuit, Supreme and County Courts.

Felicity also appears on a regular basis for the Australian Securities and Investments Commission in relation to a range of regulatory matters.

Recent Cases:

Australian Securities and Investments Commission v Guo - Acting for ASIC to obtain orders pursuant to s 1323 of the Corporations Act, restraining the respondant, a former director of Blockchain Global Limited, from leaving Australia. 

- [2024] FCA 251

- [2024] FCA 125 

- Henley and Australian Securities and Investments Commission [2024] AATA 82 - Acting for ASIC in relation to the disqualification of a self managed super fund auditor.

- B8 Group Pty Ltd v GE International Investment Pty Ltd & Ors - Supreme Court dispute regarding entitlement to profit share arising from a property development joint venture (ongoing). 

- Townshend and Australian Securities and Investments Commission [2023] AATA 3810 - - Acting for ASIC in relation to the disqualification of a self managed super fund auditor.

- Myers v Kew Hebrew Congregation Inc [2023] VSC 684 - Supreme Court appeal regarding the jurisdiction of VCAT in relation to incorporated associations. 

- Ashthorn CA Pty Ltd v Yume Group Holdings Pty Ltd [2023] VCC 1945 – County Court matter involving a dispute about entitlement to commission arising from the provision of corporate advisory services.

- Auswild v Bergmuller & Anor [2023] VSC 589 – Supreme Court oppression matter (led by Peter Collinson KC).

- Frugtniet v Australian Securities and Investments Commission:

• High Court: [2023] HCASL 95 - Special Leave refused
• Full Federal Court: [2023] FCAFC 14 appeal, led by Richard Knowles KC.
• Administrative Appeals Tribunal: [2022] AATA 295.

- Finance & Guarantee Company Pty Ltd & Ors v Auswild & Ors/JAB Nominees Pty Ltd & Ors v Auswild & Ors - Supreme Court proceeding involving allegations of breach of fiduciary duties and mutual allegations of oppression. 

• High Court: [2022] HCATrans 152
• Victorian Supreme Court of Appeal: [2022] VSCA 8; 403 ALR 111
• Supreme Court: [2020] VSC 731

- Douglas and Australian Securities and Investments Commission [2022] AATA 2415

- Bainbridge Grill'd Pty Ltd & Ors v Simon Crowe & Ors - Federal Court oppression claim between the shareholdes in the Grill'd companies (led by Philip Crutchfield KC, together with Sam Rosewarne and Justin Tomlinson)

- FCA Australia Pty Ltd v Clyde Campbell & Ors - Federal Court proceeding involving claims by Fiat Chrysler Australia against its former managing director for alleged breaches of contract and statutory and equitable duties (led by Jim Peters KC and James Barber) 

- Talacko & Ors v Talacko & Ors [2015] VSC 287 - Supreme Court proceeding claims for conspiracy and knowing involvement in relation to the transfer of properties in the Czech Republic (led by Philip Crutchfield KC)

- Ubertas 505 St Kilda Road Apartments Pty Ltd & Ors v St Resi Pty Ltd & Ors - acting for the Spotlight Group (led by Michael Osborne QC) 

- Matthews v SPI & Ors (Kinglake/Kilmore Bushfires Class Action) [2013] VSC 671 – opposing an application for security for costs to be ordered against group member insurers.

Tran v Tran & Anor [2013] VCC 654

Australian Property Custodian Holdings Limited (Rec and Mngrs Appointetd) (in liq) v Michael Wooldridge & Ors - a case concerning the former directors of APCHL and the Prime Trust:

-  Re APCHL (No 3) [2013] VSC 154

- Re Australian Property Holdings Limited (in liq) (recs & mgrs apptd) (No 2) [2012] VSC 576; (2012) 93 ACSR 130 – application for companies to be relieved from filing full pleadings based on their sole director’s claim for privilege against self incrimination. 

Missaglia v VicRoads [2012] VSC 488 – appeal from VCAT decision regarding tow truck licensing.

Kirby v Centro Properties Limited (No 2) [2012] FCA 70 (2012) 87 ACSR 229 - Centro shareholders class actions, privilege dispute.

Australian Securities and Investments Commission v Healey (No 2) (2011) 196 FCR 430; (2011) 284 ALR 734; (2011) 85 ACSR 654 – Centro penalty decision.

Australian Securities and Investments Commission v Healey (2011) 196 FCR 291; (2011) 278 ALR 618; (2011) 83 ACSR 484 (led by Leslie Glick SC) – Acted for the CEO of Centro in civil penalty proceedings brought by ASIC against the directors of Centro for breaches of directors’ duties.

Action Cycles Pty Ltd (recs & mgrs apptd) & Ors v Ross & Ors [2011] VSCA 411 (led by Caroline Kenny SC)  

To get in touch with Felicity Bentley | or for more information please contact the Clerk on:

+61 3 9225 7222

clerkb@greenslist.com.au

Liability limited by a scheme approved under Professional Standards legislation.