Aimee Kinda Barrister

Aimee Kinda

BAR:
2012
ADMITTED:
2002

Douglas Menzies Chambers

Room 0806

180 William Street

Melbourne VIC 3000

  • Victorian Bar Profile
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Profile

Aimee Kinda is a commercial barrister at the Victorian Bar, where a significant part of her practice is in bankruptcy and corporate insolvency as well as other matters arising under the Corporations Act 2001.  She also practices in other areas of law including commercial litigation, probate/TFM, regulatory offences and matters involving incorporated associations.  She gives advice, drafts documents and appears.  On coming to the Bar, she read with Michael Galvin, QC. 

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. 
 
SELECTED CASES
Court of Appeal

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

Supreme Court of Victoria

  • Appeared for company opposing winding up proceeding on the grounds of solvency and that proceeding constituted an abuse of process: Pharmadeal International Pty Ltd v Global New Health Pty Ltd S ECI 2018 02380
  • Acted for members of incorporated association seeking relief under Association Incorporation Reform Act (Vic) 2012, led by J B Davies QC, Krstevski & Ors v Macedonian Orthodox Church Community ‘Saint Dimitrij Solunski’ Inc & Ors S ECI 2019 02718
  • Appeared for directors in applications to set aside orders placing company into liquidation: Dineamic Australia Pty Ltd v Kara Passionate Foodies Pty Ltd S CI 2018 2066; In the matter of E.M.A. Start Pty Ltd (In Liq) S CI 2012 4065
  • Acted for executor claiming commission: In the matter of the Will of William George Rayner (Deceased), Application by Anthony Peter Rayner SPRB 2018 7255 (settled)
  • Acted for director in claim alleging preferences / voidable transactions: Franklin & Vrsecky as Liquidators of Flute Nominees PL v Luhur S ECI 2018 068 (settled at mediation)
  • Acted for de facto partner in application to revoke grant of administration to parents: In the matter of the Estate of Damien Baranello (Deceased) S PRB 2018 11630 (settled)
  • Acted for liquidators claiming for preferences and unreasonable director related transactions: In the matter of FME Investments Pty Ltd (In Liq) S CI 2017 04755 (settled at mediation)
  • Appeared for director in application to terminate liquidation of a company: Truyen v Micheletto and Carrafa as Liquidators of T&N Super T1 PL (In Liq) S CI 2018 00865
  • Appeared for debtor in application to set aside statutory demand: MWB Accountants v Deputy Commissioner of Taxation S CI 2017 03190 (18/10/2017) (settled at hearing)
  • Appeared for Official Trustee in Bankruptcy seeking bankrupt’s share of funds held in Court following mortgagee sale: Perrin v Sandhurst Club Ltd & Ors S CI 2017 01665
  • Appeared for named executor in application under s15 of the Administration and Probate Act 1958 (Vic): In the matter of the Will and Estate of Gail Lillian Blundell (Deceased) S CI 2017 01081
  • Appeared for Council in appeal against Magistrates’ Court decision re recovery of rates and fire services levy: Awad and Anor v Greater Bendigo City Council [2017] VSC 36
  • Appeared for creditor in application to set aside statutory demand: Rescom Asia Pacific Pty Ltd v Reapfield Property Consultants Pte Ltd [2014] VSC 41
  • Appeared for mortgagee seeking summary judgment: Minkar v Toumbouras S CI 2014 03860
  • Acted for creditor bringing claims against directors for insolvent trading: In the matter of Wooltara Australia Pty Ltd (In Liq) S CI 7513 of 2010 (settled before trial)
  • Appeared for defendant seeking to vacate self-executing orders: ABL Nominees PL v Brakatselos & Ors S CI 2009 5451; Appeared in application for judicial review of AsJ's decision, led by Michael Galvin: ABL Nominees PL v Brakatselos & Ors [2012] VSC 265

Federal Court and Federal Circuit Court

  • Appeared for Trustee claiming contribution and orders re voidable transaction: Nelson as Trustee in bankruptcy of Brian Birch, Bankrupt v Susan Birch & Ors MLG 3316/2018
  • Acted for ASIC in application to terminate administration and appoint liquidators, led by Jonathon Moore QC: ASIC v Traditional Therapy Clinics Ltd (In Admin) VID 1640/2018
  • Appeared in Federal Circuit Court in 2018 for the Fair Work Ombudsman seeking oral examinations and enforcement of orders: FWO v Cardamone MLG 1019/2018, FWO v Rubee Enterprises PL & Ghazale SYG 3577/2014, FWO v Thomas MLG 706/2012
  • Appearances in Federal Court applications for company wind up
  • Appearances in Federal Circuit Court applications to set aside bankruptcy notices, creditor's petitions and other applications arising under the Bankruptcy Act 1966 eg Simon v Connell MLG38/2018 and Connell v Simon MLG1806/2018
County Court of Victoria
  • Acted for plaintiff in claim against solicitor for negligence: Kara Passionate Foodies Pty Ltd v Sleigh CI-18-04800 (settled)
  • Appearances in Commercial List directions hearings and interlocutory applications
Magistrates’ Court of Victoria
  • Appeared for Director of Consumer Affairs Victoria seeking declarations and pecuniary penalties for contraventions of the Domestic Building Contract Act 1995 (Vic) and Australian Consumer Law (Victoria): Director CAV v Arrow J12425380 (28/2/2019)
  • Advised, drafted documents and appeared for either incorporated associations (including churches, a mosque and a yacht club) or (former) members and applications under Associations Incorporation Reform Act 2012 (Vic) ), eg Krstevski & Ors v Macedonian Orthodox Church Community “Saint Dimitrij Solunski” Springvale Inc & Ors K10846855 (transferred to SC)
  • Appearances on behalf of council seeking recovery of rates, including where owners deceased and a representative was appointed: Bass Coast Shire v Kenyon & Ors H10812349
  • Acted for liquidators in claims for debt: JS Civil Works PL (In Liq) v Windermere View PL H13246254 (settled at mediation) and for recovery of preference payments: White and Michell as Liquidators of Merbau Timber PL v STS Timber Wholesale PL H11475264 (settled)
  • Appearances for plaintiffs in debt recovery claims, particularly on behalf of water authorities, councils and electricity suppliers, egs Murrindindi Shire Council v Mircevski H11604768 (29/11/2018), Southern Rural Water v Pateras D11960997 (26/2/2015), Lumo Energy Australia PL v Rainczuk D11887336 (11/2/2014)
  • Appearances for company in ATO regulatory prosecutions re failures to lodge BAS / income tax returns, eg Commissioner of Taxation v Flute Nominees Pty Ltd (3/12/2013)
  • Appearances for company / director in ASIC regulatory prosecutions re failures to provide books and records, lodge RATA, lodge annual return, egs ASIC v Fong (20/3/2015) and ASIC v GRG International Ltd (28/1/2016)
  • 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
VCAT
  • Appeared for attorney opposing application for compensation under Powers of Attorney Act 2015 (Vic) (settled at hearing): Vivian Dewes v Merrilyn Dewes G7949/01
  • Appeared on behalf of respondent tenant re breach of retail lease: Malvern Bayswater Properties v Tokyo Sushi Kitchen Franchising Pty Ltd BP750/2018
Building Appeals Board
  • Appeared for practitioner in appeal pursuant to s143(1) of the Building Act 1993 (Vic) relating to an inquiry into the conduct of registered building practitioner: Sivic v Building Practitioners Board, No 444772 (31/5/2013)
 
PUBLICATIONS, PAPERS AND PRESENTATIONS:
  • Presented CPDs for Greens List, at firms, at conferences and at Leo Cussen Centre for Law, on topics including Enforceable undertakings, Statutory demands and threatened corporate insolvency, Damages for breach of contract and Enforcing judgments and orders in Victoria
  • Author of Chapter “Bankruptcy and other proceedings under the Bankruptcy Act” in Lawyers Practice Manual Victoria, published by Thomson Reuters (from 2013, including updates)
  • Presenter of recent bankruptcy cases (Victorian Bankruptcy Discussion Group 2012-2014)
  • Reporter for the Victorian Reports (from 2013)

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

Liability limited by a scheme approved under Professional Standards legislation.