Jeremy Smith

  • Barrister - victorian bar
  • Castan Chambers, Room 1313, 460 Lonsdale Street, Melbourne VIC 3000
  • BAR ROLL: 2003 | ADMITTED: 1993
  • +61 3 9225 8240 | 0418 392 972
  • jeremysmith@vicbar.com.au
Jeremy Smith Barrister

Jeremy’s practice is predominantly concerned with disputes involving real property, deceased estates, trusts and elder abuse.

He has developed particular expertise in claims involving breach of fiduciary obligations by trustees, attorneys and company directors as well as unconscionable conduct & undue influence.

He is regularly briefed in claims pursuant to Part IV of the Administration and Probate Act 1958 and contested probate matters more generally.

In recent years he has also been briefed regularly as mediator in disputes touching upon his areas of expertise. 

A selection of proceedings in which Jeremy has appeared includes:

Ash v Ash (No 2) [2017] VSC 569 (breach of fiduciary duties)

Re Kumar [2017] VSC 81 (forfeiture rule)

Woollard v Woollard [2016] VCC 1999 (TFM)

Ash v Ash [2016] VSC 577 (breach of fiduciary duties - summary judgment)

Ruschinek v Tiernan [2016] VSC 197 (executors' duties)

Ruschinek v Tiernan [2016] VSCA 7 (expert evidence)

Edwards v State Trustees Limited [2016] VSCA 28 (forfeiture rule)

Re Parsons [2014] VSC 244 (contract)

Re Edwards; State Trustees Ltd v Edwards [2014] VSC 392 (forfeiture rule)  

Wood v Links Golf Tasmania Pty Ltd [2013] FCA 75 (application for leave to commence a derivative action pursuant to the Corporations Act 2001)

Wood v Links Golf Tasmania Pty Ltd (No 2) [2013] FCA 143 (application for extension of time to appeal)

Schweitzer v Schweitzer [2012] VSCA 260 (resulting trust)

Links Golf Tasmania Pty Ltd v Sattler (No 3) [2012] FCA 1418 (assessment of equitable compensation)

Saunders v Pedemont (No 2) [2012] VSC 601 (statutory will, costs)

Links Golf Tasmania Pty Ltd v Sattler (No 2) [2012] FCA 1271 (breach of fiduciary duties, costs)

Napolitano v State Trustees Limited [2012] VSC 345 (TFM)

Links Golf Tasmania Pty Ltd v Sattler [2012] FCA 634 (breach of fiduciary duties)

State Trustees Limited v Do & Nguyen [2011] VSC 45 (statutory will)

Schweitzer v Schweitzer [2010] VSC 543 (resulting trust)

Wood v Links Golf Tasmania Pty Ltd [2010] FCA 570 (application for leave to commence a derivative action pursuant to the Corporations Act 2001)

Mountain H2O Pty Ltd v HP Pet (Australia) Pty Ltd [2009] VSC 532 (interlocutory injunction)

Envirogrind Recycling Australia Pty Ltd v Devine Pty Ltd [2009] VSC 466 (interlocutory injunction)

Glover & Ors v Clark & Ors [2009] VCC 0764 (misleading and deceptive conduct)

Amongst other things Jeremy:

  • is chairman of the Children's Cancer Foundation and The Million Dollar Lunch committee
  • is a director of Gallerysmith, a contemporary commercial art gallery located in North Melbourne
  • is coach of the Flemington Colts under 12 football team
  • was employed as Federal Legal Officer of the Transport Workers' Union of Australia from 1996 to 2001
  • was employed by Slater & Gordon from 1993 to 1996

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

publications - presentations - seminars

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