Kieren Mihaly

  • Barrister - victorian bar
  • Owen Dixon Chambers West, Room 1721, 525 Lonsdale Street, Melbourne VIC 3000
  • BAR ROLL: 2013 | ADMITTED: 2008
  • +61 3 9225 7541 | 0481 406 000
  • kmihaly@vicbar.com.au
Kieren Mihaly Barrister

Kieren specialises in property law as well as practising in general commercial law and testator family maintenance claims. Within property law, Kieren has expertise in:

  • The sale of land, including the Sale of Land Act 1962 and misleading and deceptive conduct;
  • Applications for possession orders;
  • Leasing disputes;
  • Domestic building defects disputes;
  • Adverse possession claims;
  • Easement disputes;
  • Constructive and resulting trusts;
  • Disputes as to competing equitable interests in land, including caveat disputes and applications to delay dealings with land; and
  • Fencing disputes.

Kieren also has experience in general contract claims, unfair dismissal and unlawful termination claims, and bankruptcy and insolvency proceedings. Kieren has a mathematics degree and a Master of Laws, both of which he uses to aid complex claims for damages and compensation.

Recent published judgments include:

Alan Sheppet & Associates v Zelmanovich & Anor [2016] VCC 1969, in which Kieren (unled) appeared to intervene on behalf of a law firm and successfully claim equitable liens;

Butler v Dickson & Dickson [2018] VCC 610, in which Kieren (unled) appeared to successfully claim adverse possession of a whole, unfenced, title and successfully oppose a prescriptive easement (that is, an easement through long use);

Carron Investments Pty Ltd v Lang & Anor [2016] VSCA 287, in which Kieren (led by J Davis, QC) appeared for a respondent to successfully oppose the granting of leave to appeal against the setting aside of an irregular default judgement; 

Cresswell & Anor v Cresswell [2017] VSCA 272, in which Kieren (led by M Bearman) appeared before the Court of Appeal to successfully appeal (and set aside) a judgment entered at trial without proper notice of the plaintiff's allegation;

Laming v Jennings [2017] VCC 1223, in which Kieren (unled) appeared for a defendant to successfully oppose a trespass claim by reason of a prescriptive easement;

Rigby v BMS Retail Group Pty Ltd [2016] FWC 6846, in which Kieren (unled) appeared for an employer to successfully oppose an application that an employee had been unfairly dismissed; 

Rigby v BMS Retail Group Pty Ltd [2016] FWCFB 5094, in which Kieren (unled) appeared before the Full Bench to successfully oppose an employee's appeal from the Commission's earlier decision to refuse her application that she had been unfairly dismissed; and

RJ & C Holdings Pty Ltd & Anor v Parkside Developments (Vic) Pty Ltd & Anor [2016] VCC 237, in which Kieren (unled) appeared for a defendant to successfully oppose the removal of an easement from title; and

Tian Ci Australia Pty Ltd v Neilson & Wells (Unreported, County Court, Cosgrave J, 17 August 2017), in which Kieren (unled) appeared for a plaintiff to successfully obtain a possession order following a Sheriff's sale of land.

Kieren has published articles on topics including: adverse possession claims, owners corporation disputes, legal costs as a head of damages and testator family maintenance claims. In addition, Kieren instructs legal trainees and junior lawyers in advocacy at the Leo Cussen Centre for Law and is a past Sir Charles Lowe prize winner for advocacy.

To get in touch with Kieren Mihaly | 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.

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