Lionel Wirth

Profile

Lionel has a broad, general commercial and public law practice, including as leading counsel.

His commercial practice has a focus on property disputes (including retail and non-retail commercial leases), corporations and insolvency matters and building and construction disputes, with a particular interest where these types of disputes overlap or give rise to complex issues. Other matters in which he has been briefed include matters concerning:

• contract disputes
• professional negligence claims
• banking and finance disputes
• directors' duties
• claims under the Australian Consumer Law and cognate legislation, particularly misleading or deceptive conduct and unconscionable conduct

His public law practice includes both advice and appearances in disciplinary, licensing and regulatory prosecutions, including matters brought by the Victorian Legal Services Commissioner. He also accepts briefs in matters of merits and judicial review of government decision-makers.

Lionel has appeared in the Court of Appeal and conducted appeals on questions of law in the Trial Division of the Supreme Court.

Lionel graduated with first-class honours in law from Monash University. He received the Peter Twining Prize for the Best Honours Thesis in Common Law, the topic of which concerned the law of restitution.

He maintains a blog at www.lionelwirth.com.au.

Court of Appeal

• Singh v Ozzie Homes Building & Construction Pty Ltd [2026] VSCA 25 (domestic building contract; quantum meruit)
• Chan v Liu [2020] VSCA 28 (removal of caveat)
• Bisognin v Hera Project Pty Ltd [2018] VSCA 93 (sale of land)
• Fraser v Sperling [2017] VSCA 53 (domestic building contract)
• Brirek Industries Pty Ltd v McKenzie Group Consulting (Vic) Pty Ltd (No 2) (2015) 48 VR 558; [2015] VSCA 185 (professional negligence; building permits; damages)
• P'Auer AG v Polybuild Technologies International Pty Ltd [2015] VSCA 42 (sale of business)

Supreme Court

• Re Smart Fencing Victoria Pty Ltd; Bath v Dillon [2026] VSC 126 (s 237 derivative action application)
• Bahl Enterprises Pty Ltd v Sikandar [2025] VSC 394 (appeal; construction of s 78 of VCAT Act)
• Rohan v Pavloff Family Investments Pty Ltd [2023] VSC 175 (freezing order; unconscionable conduct; ongoing)
• Re Life Springs Pty Ltd [2022] VSC 406 (statutory demand; building dispute; setting aside for some other reason)
• Re JSSP Holdings Pty Ltd; Lee v Liang [2021] VSC 33 (winding-up on just and equitable grounds)
• Alpine Valley Flour Mill Pty Ltd v Grainlink (NSW) Pty Ltd [2020] VSC 85 (statutory demand; genuine offsetting claim)
• Rowe v Crisp [2019] VSC 784 (liquidator's caveat; proprietary remedy for breach of fiduciary duties)
• Kahan v Strauss [2017] VSC 8 (pro bono amicus curiae; question of law under the Private Security Act 2004)
• HRF Nominees Pty Ltd (in liq) v MAN Civil Constructions Pty Ltd (preference claim; directors’ liability; phoenixing conduct; professional negligence of pre-insolvency advisers; settled prior to trial)
• Perpetual Trustees Victoria Ltd v Miller (unconscionable lending in relation to Storm Financial; professional negligence; settled prior to trial)

Federal Court

• ParcelTools Pty Ltd v Method Industries Pty Ltd [2026] FCA 322 (injunction; copyright in software and fiduciary duties)
• Zhao v Ausin Group Pty Ltd [No 2] [2023] FCA 498 (reversal of share reduction; costs)
• Whiteman v Deputy Commissioner of Taxation [2022] FCA 975 (bankruptcy; pro bono appeal from sequestration order)
• Modscape Holdings Pty Ltd v Caspaney [2019] FCA 2137 (meeting of creditors; interlocutory orders)
• Hoskin v Robert Balzola & Associates (Legal) Pty Ltd [2019] FCA 1353 (bankruptcy; appeal against sequestration order)
• Donaldson v Natural Springs Australia Ltd [2015] FCA 498 (oppressive conduct; interference withcontractual relations)
• Francis v Eggleston Mitchell Lawyers Pty Ltd [2013] FCA 564 (bankruptcy annulment; assignment of debt)
• Feiglin v National Australia Bank Ltd (bankruptcy annulment; unconscionable conduct; discontinued prior to trial)

County Court

• Rassale Francesco Pty Ltd v Resilium Pty Ltd [2026] VCC 88 (insurance indemnity)
• Aura S Kalra Pty Ltd v Zeine [2022] VCC 680 (sale of land and business; specific performance)
• Liden v Musumeci [2025] VCC 809 (orders in aid of enforcement of mandatory injunction; nuisance)
• Ozzie Homes Building & Construction Pty Ltd v Singh [2024] VCC 1337 (domestic builiding contract stage claim)
• Innovative Landscape Supplies Pty Ltd v Spachoice Pty Ltd [2024] VCC 1636 (sale of business; implied terms)
• Rajic v Ascenzo [2022] VCC 210 (claim of loan; defence of gift)
• Fisher v Fisher (2017-18) (family farming; water rights; unconscionable conduct and estoppel; settled prior to trial)
• Sportzcom Australia Pty Ltd v Ekera Dental Pty Ltd [2018] VCC 398 (employment)
• MW Accounting Pty Ltd v Tenni [2014] VCC 1541 (sale of business)
• Horne (as liquidator of Unikon Pty Ltd (in liq)) v Southeast Investment Holdings Pty Ltd (preference claim; complex transaction; accessorial and Barnes v Addy liability; settled prior to trial)

VCAT

• Sikander v Bahl Enterprises Pty Ltd [2023] VCAT 1222 (consequences for determination of proceeding under s 78; functus officio; jurisdictional error; subject to appeal (ongoing))
• Thomas v Eden Racing Cranbourne Pty Ltd [2021] VCAT 1505 (retail lease; subletting; adequacy of default notice; waiver and estoppel)
• Lewis v Volkswagen Group Australia Pty Ltd (2019) (consumer guarantees; major failure; settled prior to hearing)
• Weatherley v Weatherley [2019] VCAT 1393 (co-owned property; constructive or resulting trust)
• Victorian Legal Services Commissioner v Joseph [2018] VCAT 864 (professional discipline; trust money; breach of undertaking)
• Victorian Legal Services Commissioner v Johansson [2015] VCAT 2034 (professional discipline; costs agreements)
• Ross v Planet Platinum Limited [2012] VCAT 1670 (liquor licensing)
• Westside Real Estate Investments Pty Ltd v Nguyen [2011] VCAT 1830 (retail lease; right to renew)

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