Lydia Kinda

Profile

Current Practice:
Trial work in a range of commercial matters, principally in the Supreme and Federal Court. Advising clients prior to issue of proceedings in both commercial and Estates matters with emphasis on negotiated settlements.

Recent cases:
• Advising
• Advising and opposing claim for further provision by widower of deceased left life tenancy where one residuary beneficiary profoundly intellectually handicapped.
• Dispute in management of an incorporated Association acting for Defendants to Complaint by members purporting to be elected Management Committee.
• In the Estate of Mary Clarkson (2011) advise and act for Executor in defending a family provision claim by niece and nephew where application out of time and plaintiffs were always aware of the terms of the Will and the provision made for them.
• R Pullen v Gridmatics Pty Ltd (2011) successful mediation and settlement agreement signed of a claim of shareholder oppression.
• In the Estate of W G Smith (2011) advising great nephew and great niece of deceased as to whether property included in Estate subject to a Resulting and/or Constructive Trust.
• In the Estate of Wilson (2010/11) advising wife of deceased where original will missing and relations with Executor under Will strained.
• Sutton & D'Argaville ats S Micarone & Raffaele (2010/11) successful application for re-hearing of Default Judgment and setting aside of 2 Bankruptcy Notices.
• In the Estate of Perkins (2010) in representing and a successful negotiation for provision for the friend of the deceased.
• In the Estate of WW Hossfield (2010) advising an overseas claimant against the deceased's estate regarding the validity of a codicil.
• In the Estate of O'Connor (2010) advice to beneficiary where Executor failed to make distribution.
• Advising and appearing at successful Mediation of claim of discrimination by a social services agency.
• Research and Advice in sexual discrimination claim against a camp facility (2010).
• Advice in number of Estate matters including intestacy, claim by granddaughter, claim for Executor's commission (2010).
• In the Estate of Tsimiklis (2010) assisting at Mediation of a claim by parents of the deceased wife of the deceased for provision.
• (2009) Advising wife of bankrupt regarding claim by Trustee in Bankruptcy of equitable interest in family home.
• Brown VOCAT Hearing (2009) representing claimant in successful claim for assistance with "recovered memories".
• In the Estate of Rooney (2009) advising and representing a daughter in a successful negotiated settlement of a claim for family provision.
• Talacko v Talacko [2009] VSC 533 Kyrou J. Junior to Stephen Howells in successful claim for equitable compensation for breach of fiduciary duty. Issues of principles for assessment of equitable compensation and penalties in respect of equitable compensation. Affirmed by Court of Appeal 18 March 2011.
Contract; Issues of Uncertainty, Repudiation and Damages for breach.
• Talacko v Talacko [2009] VSC 544, Habersberger J. Junior to Stephen Howells in successful application for Injunction and restraint of defendant in the jurisdiction. Issues re cross-examination of a deponent.
• In the Estate of KL Stone advice and successful application of retraction of Grant of Probate because of inability of Executor to act.
• In the Estate of Barker [2008]; successful application by adult stepson for provision pursuant to Part IVA of Administration & Probate Act1958.
• In the Estate of Blythe [2008]; defence of Estate by Administrator ad litem pursuant to Part IVA of Administration & Probate Act 1958.
• Dampier Bay Pty Ltd (in liqdn) v David Reed [2008]; defence of Director in a claim by Liquidator of preferential payments pursuant to Corporations Act 2001.
• In the Estate of Buzzard [2008]; defence by Executors against claim of invalid in vivos distribution of Estate pursuant to Administration & Probate Act 1958.
• ZMB Australia Pty Ltd v Walking on Sunshine and Guiseppe de Simone (2008); Junior to Robin Brett QC in a successful application to set aside Statutory Demand under the Corporations Act 2001.
• ASIC v GDK Financial Solutions (2008) FCA 1071 Gordon J.; Junior to Nathan Moshinsky QC. Issues of contextual contexts of Contracts where provision clear on its fact, indefeasibility of title in Property under the Torrens System, and evidentiary issues in Corporation Law in respect of a failed Managed Investment Scheme.
• ZMB Australia Pty Ltd v Walking on Sunshine [2007]; Issue of valid assignment of debt as a defence to a Statutory Demand under Corporations Act 2001.
• In the Estate of Cook (2007); Application for provision under Part IV of the Administration & Probate Act 1958. Procedural issues in respect of beneficiaries who are persons under a disability.
• Coppermine Hotel Pty Ltd (in liq) v Holyoak Investments Pty Ltd (2007) Defending Director in action by Liquidator in respect of a Retail Tenancy.
• Brobo Group Pty Ltd v G J Gears Pty Ltd (2006); Junior to Stephen O'Bryan SC in an application for equitable winding up of a company pursuant to Part 5.4 of the Corporations Act 2001.
• ASIC v M R Brereton (2006) Defence of Director facing ASIC charges of breach of Director's Duties pursuant to Corporations Act 2001, charges withdrawn.
• B4 v Australian Crime Commission [2006] North J, Federal Court; Junior to Leslie Glick SC in claim of Legal Professional Privilege.
• Pollock v Pollock, (2006), Gillard J, Supreme Court of Victoria; Junior to Michael Scarfo in equitable claim for breach of contract including issues of Restitution.
• KPC v Victims of Crime Assistance Tribunal (2006); Successful appeal against decision not to make an award pursuant to Victims of Crime Assistance Act 2004.

Other Languages: Czech (fluent), French and German.
Seminars: Presenter for Leo Cussens, the Victorian Bar Readers Course, CPDS and Legalwise.