Antony Berger

Profile

Antony has a broad commercial practice and appears in all jurisdictions.

He is regularly briefed to appear (whether led or unled), to draw pleadings, and to provide strategic and considered advice in all commercial matters. He is also regularly briefed to appear in and assist with the preparation of applications for; freezing orders, security for costs, injunctions, summary judgment and strike outs.

His specific experience includes:

• Commercial law: Corporations Act matters (eg oppression proceedings), contract disputes, Australian Consumer Law matters, loans, fund misappropriation and accessorial liability issues, sales of businesses, and restraint of trade; 
• Property: leasing, relief against forfeiture, sale of land, estate agents, planning and restrictive covenants, caveat removal, adverse possession, easements, owners corporations, recovery of land, and land rateability;
• Insolvency: set aside statutory demands, contested winding up applications, advice on voidable transactions, meetings proceedings, and personal bankruptcy; and
• Building and construction: Building and Construction Industry Security of Payment Act 2002, domestic building disputes, Building Act and BCA issues.

He is undertaking a Master of Laws at the University of Melbourne. He is also a lecturer at the Universtiy of Melbourne. He has previously tutored Ormond College at the university.

He read with Roslyn Kaye KC. His senior mentor is Philip Crutchfield KC.

As a solicitor, he practised in insurance law and commercial litigation across Victoria and NSW.

Selected Cases

• Brighton Foreshore Association Inc v Bayside City Council [2021] VSCA 284 (led by S Moloney – planning appeal)
• Sorbara v Prochilo [2022] VSC 225 (unled - costs - whether unreasonable to refuse Calderbank offer)
• Sorbara v Prochilo [2022] VSC 146 (led by D P Lloyd – easement by lost modern grant)
• Melbourne Roma Caravans & RV’s Pty Ltd v Cunningham [2022] VSC 25 (unled – appeal from VCAT– consumer guarantees)
• Shan v Zhang & Ors [2021] VSC 452 (led by I Upjohn QC and S Rubinstein – breaches of trust, misappropriation of funds, Barnes v Addy claims, statutory contribution, freezing orders, security for costs, summary judgment)
• TR Concrete Pty Ltd v Ciccone [2023] VCC 2255 (unled - contract, agency. limitations, account stated)
• A & C Reavin Pty Ltd v Plenty Australia Pty Ltd [2021] VCC 552 (unled – sale of business – contract interpretation – misleading or deceptive conduct)