Expertise

Appellate | Commercial Law | Equity & Trusts Law | Industrial Relations Law & Employment Law | Property Law | Wills & Estates Law |

Profile

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;
• Owners Corporation disputes; 
• Disputes as to competing equitable interests in land, including caveat disputes and applications to delay dealings with land; and
• Fencing disputes.

Kieren has a mathematics degree and a Master of Laws, both of which he uses to aid complex claims for damages and compensation.

Kieren has published articles on topics including: adverse possession claims, owners corporation disputes, legal costs as a head of damages, misleading and deceptive conduct in the sale of land, section 9AC of the Sale of Land Act 1962, contract penalties, and testator family maintenance claims. In addition, Kieren has instructed 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.

Recent Cases

• 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/span>
• Brazenor & Ors v Vicprop OC Pty Ltd [2019] VCAT 1152 - in which Kieren (unled) appeared to successfully obtain injunctive relief to prevent the respondent from purporting to act as owners corporation manager/span>
• 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)/span>
• 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/span>
• 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/span>
• Harris v K7@Surry Hills Pty Ltd [2019] VSC 551 - in which Kieren (unled) appeared to successfully claim the return of a deposit from an off the sale plan - for both repudiation and a breach of s 9AC of the Sale of Land Act 1962/span>
• Laming v Jennings [2017] VCC 1223 (unled)/ Laming v Jennings [2018] VSCA 335 (led by R Hay QC)/ Jennings v Laming [2019] HCASL 120 (led by M Pearce QC) - in which Kieren appeared in relation to a claim for adverse possession and a prescriptive easement/span>
• Leonello Service Centre Pty Ltd v Rany Pty Ltd [2019] VCAT 1752 - in which Kieren appeared (unled) to successfully set aside a rental determination/span>
•  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/span>
• 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/span>
• 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/span>
• Tian Ci Australia Pty Ltd v Neilson & Wells [2017] VCC 1125 - in which Kieren (unled) appeared for a plaintiff to successfully obtain a possession order following a Sheriff's sale of land/span>

To get in touch with Kieren Mihaly | or for more information please contact the Clerk on:

+61 3 9225 7222

clerkb@greenslist.com.au

Liability limited by a scheme approved under Professional Standards legislation.