Peter Agardy

Experience

Cases of significance

Peter has been briefed in a wide range of insolvency, bankruptcy and commercial matters in the Supreme, Federal and Family Courts, VCAT and the High Court. A selection appears below.

Insolvency and corporate

  • Monarch Tower Pty Ltd (in liquidation) [2025] FCAFC 137 — stay of proceedings by a liquidator where purported service was effected outside the time required by the rules (with Maryanne Loughnan KC)
  • Donchiod Pty Ltd (in liquidation) v Merrion B Pty Ltd [2024] VSCA 44 — application under s 459R of the Corporations Act 2001 to extend the time for making a winding-up order (with Michael Gronow KC)
  • St George's Development Company Pty Ltd (in liquidation) [2022] VSC 295 — whether funding by joint venturers was capital contribution or loan
  • Lee v Liang [2021] VSC 33 — winding up on the just and equitable ground
  • Goconnect Ltd v Sino Strategic International Ltd (in liquidation) [2016] VSCA 315 — application to set aside a statutory demand; genuine dispute; loan payable only when the borrower chose to repay
  • HC Legal Pty Ltd v Deputy Commissioner of Taxation [2013] FCA 45 — application to set aside a statutory demand
  • RAC Group Finance Pty Ltd (in liq) v Kasil Investments Pty Ltd (Supreme Court of Victoria, 9 July 2015, Judd J) — liquidator's rights in the winding up of an unregistered managed investment scheme; appeared as contradictor appointed by the liquidator
  • Re Mento Developments (Aust) Pty Ltd (in liquidation) (2009) 73 ACSR 622 — application by a liquidator for directions on disputed claims
  • Duncan v Commissioner of Taxation (2006) 58 ACSR 555 — claim by a liquidator for a preference; identification of the Commissioner by directors
  • Re Westgate Wool Co Pty Ltd (in liq) (2006) 206 FLR 90 — summons for examination; application for transfer of proceedings
  • Re Stockford (subject to deed of company arrangement) (2004) 52 ACSR 279 — fixing of an administrator's remuneration

Bankruptcy

  • Davidson v Official Receiver [2026] FCAFC 15 — application to set aside a notice under s 139ZQ of the Bankruptcy Act 1966 (with Michael Gronow KC)
  • Davidson v Official Receiver [2021] HCATrans 208 — application for special leave; limitation period for a notice under s 139ZQ of the Bankruptcy Act 1966 (led by Michael Gronow QC)
  • Ballantine v Commissioner of Taxation (AAT 2019/3085, decision 29 July 2021) — release from tax liability; serious hardship
  • Turner v Wallace [2017] FCCA 3044 — application by a trustee in bankruptcy to set aside transfers of property before a guarantee was signed; transactions to defeat potential creditors
  • ANZ v Shilton [2015] FCCA 1793 — application to set aside a composition
  • Growden v Committee under Pt VIII of the Bankruptcy Act [2008] AATA 604; (2008) 6 ABC(NS) 342 — review of a decision refusing registration as a trustee in bankruptcy
  • Bulic v Commonwealth Bank of Australia Ltd [2007] FCA 307 — application for annulment by a discharged bankrupt
  • Pattison v Hadjimouratis (2006) 236 ALR 1 — appeal to the Full Court of the Federal Court relating to annulment of bankruptcy

Trusts, family and other

  • [Family Court matter] [2019] FamCA 271 (Wilson J) — obtained an order that the liquidator of a family company prepare a report to the court on the company's accounts and certain transactions, including purported forgiveness of loans (details suppressed)
  • Owners Corporation v Carroll [2016] VCAT 1863 — owners corporation right of access over a balcony; claim for damages following refusal of access
  • VCAT Guardianship List [2011] VCAT 2442 — appeared for a party in a 12-day matter involving complex personal and financial issues
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