Aimee Kinda

  • Barrister - victorian bar - Melbourne
  • Level 8, Room 8, Douglas Menzies Chambers
  • BAR ROLL: 2012 | ADMITTED: 2002
  • +61 3 9225 7222 | 0409 956 946
  • a.kinda@vicbar.com.au
Aimee Kinda

Aimee Kinda is a commercial barrister at the Victorian Bar.  A significant part of her practice is in bankruptcy and corporate insolvency, as well as other matters arising under the Corporations Act.  Aimee also accepts briefs in other areas of law, including Probate/TFM, Government/Administrative law and matters involving incorporated associations.

Before coming to the Bar, Aimee was a solicitor with ASIC for over four years.  As part of her role she provided legal advice to ASIC, conducted compulsory examinations in the course of investigations of suspected contraventions of the Corporations Act, was involved in Supreme and Federal Court litigation and AAT proceedings reviewing ASIC’s decisions. 

Aimee was also Associate to Justice Mandie in the Supreme Court of Victoria for three years (2004-2007) while his Honour managed the Corporations List and later the Victorian Taxation Appeals List, hearing matters in the Commercial and Equity Division. 

 

PUBLICATIONS, PAPERS AND PRESENTATIONS:

  • Author of Chapter 3.4 "Bankruptcy and other proceedings under the Bankruptcy Act - acting for the non-business debtor" in Springvale Legal Service's Lawyers Practice Manual Victoria, published by Thomson Reuters (from 2013)
  • Regular presenter of recent bankruptcy cases (Victorian Bankruptcy Discussion Group, 2012 to 2014)
  • Presenter of various CPD and Foundation seminars at Leo Cussen Institute, including Enforcement, Debt Recovery, Civil Litigation, Lawyers' Skills, Commercial and Corporate Practice, Federal Court Practice (from 2012)
  • Enforceable Undertakings - an overview (Greenslist Breakfast Briefings, 18 October 2012) - paper available on Greenslist profile
  • Replacement of Associations Incorporation Act 1981 by Associations Incorporation Reform Act 2012 (Eastern Suburbs Legal Association, 19 February 2013)
  • Reporter for the Victorian Reports (from 2013)

 

SELECTED CASES:

Supreme Court of Victoria

    • Awad and Anor v Greater Bendigo City Council [2017] VSC 36 appeared for respondent Council in appeal against Magistrates’ Court decision re recovery of rates and fire services levy
    • Rescom Asia Pacific Pty Ltd v Reapfield Property Consultants Pte Ltd [2014] VSC 41; appeared for creditor in application to set aside statutory demand on grounds of genuine dispute / offsetting claim
    • Minkar v Toumbouras S CI 2014 03860, appeared for plaintiff seeking summary judgment in mortgagee repossession claim
    • In the matter of the Will and Estate of Stella Lucy Harding (Deceased), S CI 2013 03275 (settled at mediation) acted for executor in TFM claim for further provision from the estate of the deceased
    • In the matter of Wooltara Australia Pty Ltd (in liq); Andron (Aust) Pty Ltd v Hall & ors, S CI 7513 of 2010 (settled before trial, 2013) acted for creditor bringing claims under s588G against directors for insolvent trading
    • In the matter of E.M.A. Start Pty Ltd (in liq), S CI 2012 4065 (21 September 2012) appeared for director in application to set aside orders made placing company into liquidation
    • ABL Nominees Pty Ltd & ors v Brakatselos & ors, S CI 2009 5451 (18 June 2012) application to vacate self-executing orders and leave to file amended defences; ABL Nominees Pty Ltd & ors v Brakatselos & ors [2012] VSC 265, judicial review of Associate Justice's decision, led by Michael Galvin for the Defendants
    • Appearances in directions hearings in Commercial List, Corporations List and Testator Family Maintenance List, and in applications to wind up a company or to reinstate a deregistered company

    Court of Appeal

    • Rescom Asia Pacific Pty Ltd v Reapfield Property Consultants Pte Ltd [2014] VSCA 92; application for leave to appeal decision of Associate Justice not to set aside statutory demand, led by Carrie Rome-Sievers for the Respondent

    Federal Court and Federal Circuit Court

    • Appearances in applications in relation to company wind ups / creditor's statutory demands
    • Appearances in applications in relation to bankruptcy notices / creditor's petitions and other applications arising under the Bankruptcy Act 1966

    County Court of Victoria

    • Appearances in Commercial List directions hearings and interlocutory applications

    Magistrates’ Court of Victoria

    • Advise and draft documents for either incorporated association or (former) members and applications under Associations Incorporation Reform Act 2012 (Vic) 
    • Appearances for company in ATO regulatory prosecutions re failures to lodge BAS / income tax returns, eg Commissioner of Taxation v Flute Nominees Pty Ltd (3 December 2013)
    • Appearances for company / director in ASIC regulatory prosecutions re failures to provide books and records, lodge RATA, lodge annual return, egs ASIC v Fong (20 March 2015) and ASIC v GRG International Ltd (28 January 2016)
    • Appearances in various interlocutory applications seeking rehearing, amending pleadings, striking out pleadings, interpleader, security for costs, attachment of earnings, summons for oral examination, as well as in pre-hearing conferences and mediations
    • Appearances for plaintiffs in debt claims, eg Lumo Energy Australia Pty Ltd v Rainczuk, D11887336 (11 February 2014)

    VCAT

    • Appearances in directions hearings and rehearing applications

    Building Appeals Board

    • Sivic v Building Practitioners Board, No 444772 (31 May 2013) appeared for practitioner in appeal pursuant to s143(1) of the Building Act 1993 relating to an inquiry into the conduct of registered building practitioner

    To get in touch with Aimee Kinda | or for more information please contact the Clerk on: +61 3 9225 7222 or clerkb@greenslist.com.au

    From 02 May 2013, liability limited by a scheme approved under Professional Standards legislation.

    publications - presentations - seminars

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