Edward Moon

Profile

Edward has a broad commercial and equity practice, with extensive experience in Corporations Act 2001 (Cth), Bankruptcy Act 1966 (Cth), real property, equity and trusts matters.

Edward’s commercial practice is principally focused on contractual disputes, including partnership disputes, tortious claims and real property disputes.  

In his insolvency practice, Edward acts for companies and individuals in relation to statutory demand, winding up and recovery proceedings, including insolvent trading claims, termination applications under section 482 and the conduct of public examinations for liquidators.  

Edward often acts in oppression proceedings brought under the Corporations Act 2001 (Cth).

Edward is regularly briefed in claims involving real property, including the sale of land, co-ownership disputes and the enforcement of mortgages and other securities.

Edward often advises in respect of deeds of trust and has experience in equitable claims, including unconscionable conduct, resulting and constructive trusts, proprietary estoppel and solicitors’ liens.

Edward appears regularly in the Supreme Court of Victoria, Federal Court of Australia and County Court of Victoria.

Prior to coming to the Bar, Edward was a Senior Associate at Allens Arthur Robinson.  

To discuss Edward's availability or for more information, please contact the Clerks at Greens List on +61 3 9225 7222.

Edward’s experience includes:

Corporations Act matters

• In the matter of Cullen Group Australia Pty Ltd (in liquidation) (Federal Court of Australia proceeding QUD 262/ 2020) – public examination into the affairs of Cullen Group Australia Pty Ltd (in liquidation).
• Re Queensland One Homes Pty L td (in liquidation) (Federal Court of Australia proceeding QUD262/ 2019) – public examination into the affairs of Queensland One Homes Pty Ltd (in liquidation).
• El-Saafin & Anor v Franek & Ors (No 3) [2019] VSC 155 – regarding the conduct of a second meeting of creditors under the Insolvency Practice Rules (Corporations) 2016. 
• Viking Group Holdings Pty Ltd (in liquidation) v BKA Practice Co Pty Ltd [2015] VSC 485 – an application for leave to amend an originating process outside of the limitation period set out in section 588FF(3); with Ted Woodward SC.
• Horne & Ors v Retirement Guide Management Pty Ltd [2015] VSC 327 – an application to set aside an order extending time for service of an originating process; with Ted Woodward SC.
• Hanks v Admiralty Resources NL [2011] FCA 891 – an application for inspection of company books by a member; with Michael Wyles QC.
• Burdett-Baker, in the matter of AFS Group Limited (in liquidation) v National Australia Bank Limited [2013] FCA 799 – an application for directions by administrators under sections 447A and 447D.
   

Applications to set aside statutory demands

• Eventcepts Pty Ltd v Creative Talent Management Pty Ltd [2017] VSC 457 – regarding the date of service of a creditor’s statutory demand and its impact on the 21 day period referred to in section 459G(2).
• Glenhawk Pty Ltd v Forty Second Maylux Pty Ltd [2016] VSC 270.
• Konig Constructions Pty Ltd v Moracom Furniture and Fit Out Pty Ltd [2010] VSC 659.

   

  
  

Winding up applications

• In the matter of American Gemstone Pty Ltd (in liquidation); Lemmen v Porcu [2013] FCA 1056.
• Look Property Group Pty Ltd v Gateway Developments (Vic) Pty Ltd [2011] VSC 237 – an application under section 440A to adjourn the hearing of an application for winding up.
• Deputy Commissioner of Taxation v S.J. Bambra Pty Ltd [2010] FCA 1245.
• Latham Moore & Associates (Vic) Pty Ltd v Funktion Enterprises Pty Ltd [2010] VSC 656.
   

Bankruptcy matters

• BKA Practice Co Pty Ltd v Nida [2021] FCCA 334 – application for review of Registrar’s order for sequestration of bankrupt’s estate
• Jacks v Jakimowicz [2015] VCC 1067 – enforcement of a bankrupt’s claim for breach of a declaration of trust.
• Jacks v Jakimowicz [2011] VCC 1409 – an application concerning the property of a bankrupt divisible amongst creditors; also see Jacks v Jakimowicz [2011] VSCA 312, where leave to appeal was granted. 
• Winn v Blueprint Instant Printing Pty Ltd (No 2) [2011] FCA 723 – an appeal from the making of a sequestration order.
• Winn v Blueprint Instant Printing Pty Ltd [2010] FCA 1513 – an application to stay a sequestration order.
   

Equity and Trusts

• Nieduziak v Nieduziak [2019] VCC 1277 – a claim under a resulting trust.
• Bornyan v Bornyan [2019] VCC 482 – various claims including unconscionable conduct and undue influence.
• Australia’s Residential Builder Pty Ltd (in liq) v Wiederstein [2018] VSC 37 and Re Australia’s Residential Builder Pty Ltd (in liquidation) [2019] VSC 115 – regarding a claim for equitable tracing; with Ian Upjohn CSC QC.
• Ryan v Ryan [2017] VSC 490 – regarding the duties of an attorney, administrator under the Guardianship and Administration Act 1986 and executor of a deceased estate.
• Porter v Bonarrigo [2009] VSC 500 – regarding equitable charges and alleged equitable lien.
   

Appeals

• Broughton v B & B Group Investments Pty Ltd [2017] VSCA 227 – with Jim Peters QC. 
• Jakimowicz v Jacks [2016] VSCA 42 – with Michael Galvin QC. 
• P’Auer AG v Polybuild Technologies International Pty Ltd [2015] VSCA 42 – with Michael Shand QC.
• Jacks v Jakimowicz [2014] VSCA 120 – determined on the papers; with Michael Galvin.
• Alabakis v Boyd [2010] VSC 472 – an appeal from a VCAT order.
• Wakefield v Ribbera [2008] VSC 124 – an appeal from a Master’s decision to grant summary judgment for the possession of real property.
   

Property

• BCA Asset Management Group Pty Ltd v Sand Solutions (Vic) Pty Ltd & Ors [2021] VSC 177 – caveat removal application. 
• Betts v Harman [2021] VCC 1349 – regarding s 137B(2) of the Building Act 1993 and a purchaser’s right to rescind a contract of sale.
• Lowery v Cousins [2021] VCAT 1462 – co-ownership dispute. 
• Kuipers v Harrington (No 2) [2019] VSC 190 – caveat removal application. 
• Kay Hadaway Pty Ltd v Stathopoulos, 26 July 2011 – an application for summary judgment for possession of real property.
   

Australian Consumer Law

• Keogh v Higgins [2014] VCAT 1256 – claim of misleading and deceptive conduct brought against vendors of a family home not in trade or commerce.
• Alabakis v Boyd No 2 [2011] VCAT 1090 – a claim under section 9 of the Fair Trading Act 1999 (Vic).
   

Other matters

• Badge v Smithdene Pty Ltd [2021] FCCA 1195 – lump sum costs assessment. 
• Liu v Resi Ventures Leakes Pty Ltd (No 2) [2019] VSC 638 – application for security for costs.
• ACME Properties Pty Ltd v Perpetual Corporate Trust Limited as Trustee for Braeside Trust [2019] FCA 1189 –intention to create legal relations regarding a commercial lease; with Michael Wyles QC.
• Braewoodland Pty Ltd v Gallop & Ors [2018] VCC 2050 – claim under a guarantee given in relation to a commercial lease.
• Christopoulos v Krishna [2017] VSC 154 – contract voided for illegality; with Ian Upjohn CSC QC. 
• Pizza Fellas Pty Ltd v Eat Now Pty Ltd [2017] VSC 226; [2017] VCAT 589 – application for summary dismissal of a VCAT proceeding  before Croft J as an acting member of the VCAT; with Edward Heerey QC.
• Donaldson v Natural Springs Australia Limited (No 2) [2015] FCA 1157 – successfully resisted an application for costs against a non-party.
• Polybuild Technologies International Pty Ltd v P’Auer AG[2014] VCC 1868 – enforcement of an agent’s claim for commission.
• Winn v Garland Hawthorn Brahe (a firm) [2007] VSC 360 – Kaye J held that a barrister representing herself is not entitled to claim costs incurred in the capacity of solicitor nor counsel’s fees.