Abilene Singh

Profile

Abilene practices in commercial litigation and criminal matters for defence and prosecution. Abilene has a particular focus on property law (including the Retail Leases Act 2003 (Vic)) and a specialty in proceeds of crime matters (Proceeds of Crime Act 2002 (Cth) and Confiscation Act 1997 (Vic)). 

A selection of recent cases include:

Civil:

• Re Renex Founder Hold Co Pty Ltd [2024] VSC 244 - successful Corporations Act 2001 (Cth) oppression trial (led by C Northrop)
• Stricta Pty Ltd v CW Leasing Services Pty Ltd (Building and Property) [2023] VCAT 1092 - successful application to set aside rental determination under the Retail Leases Act 2003 (Vic) (led by S Hopper)
• Re Monument; Monument v Monument [2022] VSC 205 - successful trial in application for testator's family maintenance (unled)
• Le & Anor v Spicer & Anor [2021] VCC 1858 – summary judgment and stay of proceeding application (unled)
• MSA Renex Corp Pty Ltd v Create Environment [2021] VSCA 178 – successful opposition of appeal against refusal to set aside statutory demand under the Corporations Act 2001 (Cth) (led by C Northrop)

Criminal:

• Dwyer v Director of Fines Victoria, 29 May 2024, ruling in the Melbourne Magistrates' Court - first successful application to have a director of a company not a declared director under the Fines Reform Act 2014 (Vic)
• DPP v Tomkins [2022] VCC 648 - plea on behalf of accused with a non-conviction outcome
• CDPP v T Nguyen (Vina Money matter) 2021 - 3-day committal on behalf of accused charged with alleged offences under the Competition & Consumer Act 2010 (Cth), cartel conduct provisions (unled)
• DPP v Fatho & Ors – complex plea hearing involving multiple co-accused
• DPP v McCabe – criminal trial (led by Jim Shaw) – sentencing reasons published.

Proceeds of Crime:

• State Trustees Limited (as administrators of the estate of Ioannis Zegas) v DPP [2024] VSC 284 - successful opposition of application for extension of time (unled).
• Saad & Ors v Commissioner of the AFP [2022] HCATrans 71 - special leave application concerning the application of the hearsay rule in restraining order applications under the Proceeds of Crime Act 2002 (Cth) (led by P Solomon KC and C Juebner)
• Mai v Commissioner of the AFP [2021] HCATrans 220 – costs argument (led by T Gyorffy QC)
• Commissioner of the AFP v Mai (Ruling No 1) [2021] VCC 2054 – examination orders application under the Proceeds of Crime Act 2002 (Cth) (led by T Gyorffy QC)
• Saad v Commissioner of the AFP [2021] VSCA 246 – appeal against refusal of revocation of restraining orders under the Proceeds of Crime Act 2002 (Cth) (led by P Solomon QC & C Juebner)
• Proudfoot v DPP [2020] VSCA 138 - appeal against Confiscation Act (Vic) restraining order on Kable grounds (led by E Ruddle) 
• Chen v DPP [2019] VCC 1545 – Confiscation Act 1997 (Vic) trial (unled).

Prior to coming to the Bar, Abilene practised in commercial litigation for a number of years, and was then a Senior Solicitor at the OPP in its Proceeds of Crime Directorate.

Abilene read with Elizabeth Ruddle KC.