Carrie is a commercial law barrister practising primarily in the areas of insolvency and corporations law as well as equity and trusts, bankruptcy, contract, restitution, and banking and finance. She is experienced in advocacy, pleadings and opinion work principally in the Supreme Court of Victoria, the Court of Appeal, and the Federal Court of Australia. A selection of recent cases in which Carrie has been briefed to appear is listed below.
Carrie has developed a substantial advice practice and has advised directors, liquidators, administrators and creditors in a range of insolvency law disputes and matters. One area of particular interest is taxation issues arising in the insolvency context. Carrie has advised and written on such matters including: third party preferences involving the ATO; post-liquidation garnishee notices; consolidated taxation groups and the impact of the “single entity rule” in insolvency absent a pooling order; CGT and the extent of a liquidator’s obligation to retain funds to pay it; statutory demands issued by the ATO; whether a taxable supply has occurred triggering a GST liability under contracts which have not completed at the time of appointment of an external administrator, and whether the GST liability falls upon the company itself or the external administrator; the extent to which a security interest in land is traceable into the GST portion of the proceeds of sale, and the relevance of identity of the vendor and timing of the sale as to the vendor’s ability to reimburse itself for the costs of realization including the GST from the proceeds. Carrie’s opinion has also been sought as to the operation of the PPSA including, for example, its interaction with taxation laws and the question of priority between a bank’s PPSR-registered security interest and ATO garnishee notices issued against company debtors.
Carrie’s publicly available articles and case reviews on such issues – and other topics including fraud, restitution and Barnes v Addy claims against third parties in cases of misuse of corporate or trust property - may be read at: www.carrieromesievers.com
Carrie’s other corporations law and commercial work has included shareholders oppression actions, directors duties, and professional negligence (accounting advice). Carrie’s work in equity and trusts has included a complex church property trust dispute, advising external administrators on issues such as the rules of tracing into mixed funds and a range of trust and property law issues, and advising a statutory body on issues of restitution and of legal and equitable assignment or transfer of assets.
Selection of recent cases
Attorney-General of Victoria and the Presbyterian Church of Victoria Trusts Corporation v the Trustees of the Scots’ Church Properties Trust – Supreme Court of Victoria proceeding (2013-2016) – a complex church property trust dispute. The trial ran for several weeks in 2015 and is part-heard. It has also involved several legal professional privilege disputes one of which may be found at The Presbyterian Church of Victoria Trusts Corporation v Anstee & Ors  VSC 426 (with Michael Shand QC)
Apollo General Engineering (Aust) Pty Ltd (in liq) & Ors v Culve Engineering Pty Ltd & Ors – County Court and Supreme Court of Victoria proceedings (2013-2016) – dispute involving issues of insolvent trading, uncommercial transactions, subrogation – pre-trial applications heard in the Supreme Court include to dismiss the proceeding for want of prosecution, to substitute the executrix of the deceased estate of the third defendant as a party in his place to defend the insolvent trading claims (presently on appeal) (with Jim Peters QC)
Nelson v Ji  FCCA 3573 – a bankruptcy dispute in which the client trustees in bankruptcy claimed an interest in the marital property by way of a Cummins v Cummins constructive or resulting trust, trial adjourned
Yeo v Weeden  VSC 156 – a bankruptcy dispute involving issues of trustees’ powers and alleged abuse of process (with the Hon Donnell M Ryan QC)
Rescom Asia Pacific Pty Ltd v Reapfield Property Consultants Pte Ltd  VSCA 92 – Court of Appeal - appeal from the dismissal of an application to set aside a statutory demand (leading A L Kinda)
Kazakhstan Potash Corporation Ltd (formerly known as Fortis Mining Ltd) v Arulampalam & Ors – Supreme Court of Victoria proceeding (2013-2014) – a dispute in contract law and restitution law (leading E Levine)
Australia and New Zealand Banking Group Ltd v Wal’s Bulk Meats Pty Ltd & Ors – Supreme Court of Tasmania proceeding (2013-2015) – a dispute involving issues of banking and securities law, the law of guarantees, estoppel, restitution, subrogation, and unconscionability under the general law and the ASIC Act
Money Choice Pty Ltd (in liq) & Rathner v Inertia Holdings Pty Ltd & Ors – Supreme Court of Victoria proceeding (2014) – dispute involving issues of unreasonable director-related transactions under s 588FDA of the Corporations Act, breaches of directors’ duties, constructive trusts (leading B Ryde)
Re Blackburne Pty Ltd (in liquidation) - Supreme Court of Victoria application (2014) by the liquidator of one of the Environinvest companies for approval of his remuneration as liquidator in a creditors’ voluntary winding up under ss 473(3) and 511 of the Corporations Act, and the Court’s inherent jurisdiction
SSRG Pty Ltd v Specialist Accounting Services Pty Ltd – Supreme Court of Victoria application to set aside a statutory demand (2014)
Appleyard and Ratten as the foreign representatives of Crawford Farms Ltd (Administrators appointed) v Crawford Farms Ltd (Administrators appointed) & Anor – Federal Court proceeding (2014) involving an application under section 6 of the Cross-Border Insolvency Act 2008 (Cth) and article 21(2) of the Model Law on Cross-Border Insolvency as to the distribution of monies released from sale of an asset
Deputy Commissioner of Taxation v ASIC  FCA 623 – a Federal Court s 35A application for review of a Registrar's decision to reinstate the registration of a company pursuant to s 601AH(2) of the Corporations Act. The company had been subject to a DOCA effectuated before it was deregistered; issues included whether the Deputy Commissioner was a contingent creditor and had standing as a “person aggrieved” by and at the time of the deregistration (with P Bick QC at first instance, and on appeal with E Woodward SC before Kenny J)
Weeden v Rambaldi & Yeo  FCAFC 12 – Full Federal Court appeal in bankruptcy case, concerning s 257 of the Bankruptcy Act and the evidentiary weight to be accorded minutes of a creditors' meeting recording the appointment of new trustees (with G Bigmore QC)
Weeden v Rambaldi & Yeo  FCA 552 – first instance decision the subject of the above-mentioned Full Federal Court appeal (with G Bigmore QC)
Lew v Priester  VSC 57 - Supreme Court of Victoria case between the Lew parents and trustee company and two ex-spouses of Lew children, on an application to stay or transfer the Lews’ Supreme Court application (seeking declarations of the existence of bare trusts) to the Family Court where property proceedings were already on foot.
Vickers, in the matter of York Street Mezzanine Pty Ltd (in liq)  FCA 1028 – Federal Court application by the liquidators of the Westpoint mezzanine companies for approval of entry into deeds under s 477(2B) of the Corporations Act 2001, and for directions under ss 479(3) and 511 of the Act (with E Woodward SC).
Re Blackburne Pty Ltd (in liquidation)  VSC 92 - Supreme Court of Victoria application by a liquidator of one of the Environinvest companies for approval of a deed under ss 477(2A) and 477 (2B) of the Corporations Act 2001, and for directions under s 511 of the Act.
Commercial Bar Association of Victoria.
Law Council of Australia – Insolvency and Reconstruction Law Committee
International Women's Insolvency and Restructuring Confederation (IWIRC)
Liability limited by a scheme approved under Professional Standards Legislation.