Chris Twidale is a Barrister-at-Law and is a member of the Victorian Bar. He holds a Bachelor of Laws and a Bachelor of Business Information Systems degree from Monash University.
Prior to being admitted to practice in 2009, Chris worked for around five years in the banking and finance industry (ANZ Bank and National Australia Bank). After working as a solicitor for a commercial litigation firm and the Department of Human Services, in 2011 Chris signed the bar roll and read with Mr. Will Alstergren QC (now Chief Judge of the Federal Circuit and Family Court of Australia). Chris practices primarily in commercial litigation, professional negligence, property disputes (incl. trusts), banking/finance litigation and intellectual property matters. He also practices in arbitration.
Mr. Simon Bobko read with Chris in 2022.
Chris has considerable trial experience. His recent cases include:
Boom Parts and Repairs Pty Ltd v Allied Pinnacle NSW Pty Ltd [2023] VSC 340
- PRACTICE AND PROCEDURE – Application for summary dismissal – Previous proceeding – Settlement agreement – Whether real prospect of success – Court’s jurisdiction to set aside a settlement agreement for grave injustice – Extent of jurisdiction – Exercise of discretion – Delay – Whether proceeding should be tried – Civil Procedure Act 2010 (Vic) ss 62, 63 – Supreme Court (General Civil Procedure) Rules 2015 (Vic) rr 22.16, 23.01(b).
Bansal & Mathai [2023] FedCFamC2F 307
- FAMILY LAW – application to restrain a solicitor – change in the legal test while the judgment reserved – test now is “might conclude” – refinement not revolution – application granted.
Re Australian Organic Eggs Pty Ltd [2022] VSC 747
- CONTRACT – Formation – Whether the parties mutually assented to the essential elements of the bargain – Whether the parties intended to be legally bound – Where the plaintiffs are investors in egg farming and grading businesses – Where the dealings between the parties were informal – Where the agreements were not formalised in writing – Where the plaintiffs made multiple payments pursuant to the agreements – Parties agreed on essential terms of their bargain – Parties intended to be legally bound.
- CONTRACT – Formalities – Whether parol contracts for the issue of units in a unit trust holding land captured by requirements that certain contracts be in writing Where unit holders under the Trust Deed did not have an interest in real property held on trust – Writing requirements do not apply to the parol contracts in this case – Instruments Act 1958 (Vic) s 126 – Property Law Act 1958 (Vic) s 53.
- CORPORATIONS – Shares – Rectification – Where share registers failed to record plaintiffs as holding shares pursuant to agreements concluded with the defendants – Orders to be made for rectification of share registers – Corporations Act 2001 (Cth) s 175.
- CORPORATIONS – Shares – Whether transfers of shares should be declared null and void – Where no effective transfer documents were signed – Where ASIC form 484 is prima facie evidence of share transfer – Where there is no evidence of any underlying share transfer – Declaratory relief to be granted declaring share transfers void and of no effect.
Roma RV Pty Ltd v Mitchcap Pty Ltd [2022] VSC 715
- INTERLOCUTORY INJUNCTION – Secured loan agreement – Bailment of goods – Breaches of agreement – Notices of default – Appointment of receivers – Seizure of goods – Interlocutory application for delivery up of seized goods – Whether appointment of receivers in good faith – Awareness of breaches of agreement – Serious question to be tried – Balance of convenience – Adequacy of damages as a final remedy – Injunction granted on condition amount equating to secured principal debt be paid into court.
230V Harvest Home Road Pty Ltd v Joseph Salvo & Ors [2021] VSC 558
- Summary judgment – Whether plaintiff has real prospects of success on its statement of claim – Civil Procedure Act 2010 (Vic), ss 62 and 63 – Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd [2013] VSCA 158; (2013) 42 VR 27 – Application for summary judgment allowed.
Lee & Anor v MK Trading Co Aust Pty Ltd & Anor [2021] VSC 343
- LEGAL PRACTITIONERS — Application by defendants to restrain solicitor from acting for plaintiffs in the proceeding — Where solicitor (sole principal of the firm) was personally involved in some of the business activities the subject of the proceeding and has asserted a financial interest in the subject matter of the proceeding — Where solicitor might be a witness in the proceeding — Where defendants allege the solicitor has made threats to harm the second defendant and his family — Inherent jurisdiction of the Court to restrain solicitor from acting if it is in the interests of justice to do so — Relevant test to be applied — Whether fair-minded, reasonably informed member of the public would conclude that proper administration of justice requires that solicitor be restrained.
Williams v Nugara [2021] VSC 331
- DAMAGES – Assessment of damages following entry of judgment in default of appearance by two of the defendants – Claims for damages as a consequence of tortious deceit, misleading or deceptive conduct, and negligence – Specific compensatory damages awarded, inclusive of interest – General damages awarded, for mental anguish, stress, anxiety, personal insecurity and distress – Casaclang v WealthSure Pty Ltd [2015] FCA 761 – Newman v Financial Wisdom Ltd [2004] VSC 216 – Giller v Procopets [2008] VSCA 236 – McLennan v Meyer Vandenberg [2020] ACTCA 7.
Rowe v Crisp [2019] VSC 784
- REAL PROPERTY — Caveats — Liquidator personally, then by company, lodged caveats on plaintiff’s residence — Application by plaintiff to remove caveats — Liquidator consented to removal of caveats, provided payment into Court of nett proceeds of sale of residence — Application granted but with condition as to payment into Court of part nett proceeds of sale, if any, up to $250,000 — Transfer of Land Act 1958 (Vic), s 90(3).
Brady Queen Pty Ltd and 280 Queen Street Pty Ltd & Anor (No 1) [2018] VSC 334
- Subpoenas to produce documents – Subpoenas are oppressive, vague and too wide in scope – Documents are not relevant to issues in dispute and subpoenas serve no legitimate forensic purpose – Documents sought for the purpose of verifying second defendant’s expert’s assumptions, inputs and analysis – Misuse of jurisdiction to require production to assist the second defendant’s expert – Subpoenas set aside – r 42A.02 Supreme Court (General Civil Procedure) Rules 2015.
Course v Hannan & Ors [2018] VSC 401
- Leave to discontinue proceeding – Rule 63.15 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) – No adjudication on merits – Costs starting point on discontinuance – Civil Procedure Act 2010 (Vic).
Rajput v Gill & Anor (Ruling) [2022] VCC 314
- Defamation – application to stay proceeding.
Liability limited by a scheme approved under professional standards legislation.