Kieren Mihaly

  • Barrister - victorian bar - Melbourne
  • Level 17, Room 21, Owen Dixon Chambers West
  • BAR ROLL: 2013 | ADMITTED: 2008
  • +61 3 9225 7541 | 0481 406 000
  • kmihaly@vicbar.com.au
Kieren Mihaly

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;
  • Leasing disputes;
  • Domestic building defects disputes;
  • Adverse possession claims;
  • Easement disputes;
  • Constructive and resulting trusts;
  • Disputes as to competing equitable interests in land, include caveat disputes and delaying registrations of mortgages; and
  • Fencing disputes.

Kieren also has experience in general contract claims, unfair dismissal and unlawful termination claims, and bankruptcy and insolvency proceedings. Kieren also 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;

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; 

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;

Recent reserved judgments include:

Cresswell & Anor v Cresswell (Court of Appeal, 19 May 2017), in which Kieren (led by M Bearman) appeared before the Court of Appeal to appeal against a finding that compelled two parents to transfer a property registered in their name to their son; and

Laming v Jennings (County Court, 5-20 June 2017), in which Kieren (unled) appeared for a defendant claiming the acquisition of title (by adverse possession) or an easement (by long use).

Kieren has published articles on topics including: adverse possession claims, owners corporation disputes, legal costs as a 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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