Kieran Hickie

Kieran has acted for domestic and international clients across a range of industry sectors, including banking, professional services, property development, agriculture, manufacturing, retail, mining, education and construction. 

Kieran has appeared both unled and led in a range of matters in the Supreme Court of Victoria, the Federal Court of Australia, and lower courts and tribunals.

Prior to coming to the bar, Kieran was an associate to the Hon. Justice Croft AM SC of the Supreme Court of Victoria.  Prior to that, Kieran was an associate at Gadens Lawyers Melbourne in the litigation group, and a solicitor in the property group.  At Gadens, Kieran also worked as an in-house secondee lawyer at a major bank.

Kieran has a Master of Laws from the University of Melbourne, and a Bachelor of Laws (Honours) and a Bachelor of Commerce (major in Accounting) from Deakin University.  Kieran is a co-author of Australian Commercial Arbitration (published by LexisNexis). 

Recent and selected matters:

• Mondous & Ors v Mansfield & Ors (Supreme Court of Victoria, 2023, unled):  Acted for defendants in relation to claims of specific performance and damages arising under a heads of agreement.

• My Crazie Auntie’s Food Pty Ltd Pty Ltd (Recievers and Managers Appointed) v Selvam Holdings Pty Ltd (2023, Supreme Court of Victoria, unled):  Acted for the recievers and managers of a food manufacturing business in relation to a dispute concerning an option to purchase land and associated lease.

• Briefed to advise an international company in relation to a joint venture agreement with an Australian public company (2023, led by R Finkelstein AO KC).

• Briefed to advise a law practice in relation to trust issues and taxation matters (2022-23, led by E Wheelahan KC).

• Fife Core Logistics Sub III Pty Ltd v Advanced Circular Polymers Pty Ltd (2023, Supreme Court of Victoria, unled):  Acting for plaintiff in a commercial lease dispute in relation to the construction of lease; relief against forfeiture.

• Zhang v Jiang (2023, Supreme Court of Victoria, unled):  Acted for plaintiff seeking removal of caveat; caveat withdrawn.

• Archery Capital Pty Ltd v STC Management Pty Ltd & Ors (2022-23, Supreme Court of Victoria, unled):  Acting for plaintiff seeking the recovery of loans under disputed mortgages; mortgagee’s power of sale.

• Page v Meyers (2022, County Court of Victoria, unled):  Acted for defendant in application to set aside terms of settlement by reason of common mistake; claim made against former solicitors in professional negligence.

• Coonwarra Pty Ltd v CornoNero Pty Ltd & Ors; GJB Building Pty Ltd v AI & PB Property Pty Ltd & Ors (Supreme Court of Victoria, led by C Juebner, now KC): Acted for a number of defendant parties across two proceedings in relation to claims of breach of contract, misleading or deceptive conduct, and breach of directors duty in relation to a shopping centre development and the acquisition of a building company (judgment reserved following 49 day trial).

• Coonwarra Pty Ltd v CornoNero Pty Ltd; GJB Building Pty Ltd v AI & PB Property Ltd (Ruling No 2) [2021] VSC 59:  Ruling on application that two proceedings be joined and determined together.
• Coonwarra Pty Ltd v CornoNero Pty Ltd; GJB Building Pty Ltd v AI & PB Property Ltd (Ruling No 3) [2022] VSC 62:  Ruling on application to adopt a special referee report.
• Briefed to advise a legal practice in relation to matters concerning the receipt of settlement proceeds from an international class action (2022, led by L Hannon KC).
• Briefed to advise an international company in relation to a joint venture dispute concerning Australian assets (2022, led by J Twigg KC).
• In re Total Express Pty Ltd (in liquidation) (Supreme Court of Victoria, 2021, unled):  Acted for the liquidator in a claim involving insolvent trading and breach of directors duties; obtained freezing order in excess of $1M restraining disposal of assets (settled).
• In re Delaney Family Trust (Supreme Court of Victoria, 2020-21, led by J Moore KC):  Acted for beneficiaries in a dispute with trustee concerning the mistaken execution of trust documents and change of trustee, application for settlement approval (settled).
• ETV Developments Pty Ltd v Argyle Pty Ltd (Supreme Court of Victoria, 2021, unled):  Acted for a developer seeking judicial review of an adjudication determination under Security for Payment legislation (settled).
• In re Sallon Pty Ltd; Kanyon Pty Ltd v Hartwig (Supreme Court of Victoria, 2018-19, led by C Juebner SC):  Acted for defendant parties in relation to a dispute concerning the management and operation of a property development company and finance business, allegations of misleading or deceptive conduct and breaches of directors duties (settled at trial).
• Newland International (Vic) Pty Ltd v Maunder [2019] VSC 33 (Supreme Court of Victoria, unled):  Successfully acted for group of tenants under long term leases in a VCAT appeal concerning the interpretation of a rent review clause.
  • Maunder v Newland International (Vic) Pty Ltd (Civil Claims) [2018] VCAT 1843 (unled).

• Bendigo & Adelaide Bank Limited v The Estate of McLean [2018] VSC 215 (Supreme Court of Victoria, unled):  Acted for the Bendigo Bank in an application for leave to proceed against an unrepresented deceased estate, followed by successful summary judgment application.

• Coady Family Investments Pty Ltd v Pitard & Ors; Multitude Pty Ltd v Tim & Tam Bathrooms Pty Ltd & Ors (Supreme Court of Victoria, 2017, led by C Juebner, now KC):  Acted for a shareholder in a corporations law dispute involving the sale of a business, allegations of corporate oppression and misleading or deceptive conduct.

• Loughran v Hasham [2017] VCAT 2067 (unled):  Successfully acted for a tenant in a retail lease dispute concerning building defects and the repudiation of the lease by the landlord.
  • Loughran v Hasham [2018] VCAT 586 (unled):  Successful application for indemnity costs against the landlord (in no costs jurisdiction).

• Adventure Set Productions Pty Ltd v GM Holden (VCAT, 2017, unled):  Acted for GM Holden in relation to a dispute over a sponsorship agreement and allegations of unconscionable conduct.

• In re Venture Capital Group (Supreme Court of Victoria, 2015-18, led):  Acted for a shareholder in relation to a contract dispute concerning the repudiation of a dispute resolution agreement:
  • Re Venture Capital Group (No 3) [2018] VSC 513 (remitter) (led by M Osborne KC).
  • Alphater Consulting v Rozman [2016] VSCA 111 (appeal) (led by R Heath KC).
  • Re Venture Capital Group (No 2) [2015] VSC 319 (trial) (led by R Heath KC).

• Wilson & Anor v Richards & Anor (County Court of Victoria, 2017, led by J Evans KC):  Acted for a shareholder in relation to a dispute concerning the sale of shares involving allegations of misleading or deceptive conduct and breach of fiduciary duties.

• Tamis v La Trobe University (Federal Court of Australia, 2016, led by P O’Grady KC):  Acted for the University in relation to claims of misleading or deceptive conduct concerning the termination of a honorary professorial appointment.

• Helti (Australia) Pty Ltd v Vulcan Steel Pty Ltd [2015] VSC 192 (unled):  Successful application on behalf of company to set aside a statutory demand.

• Mercier Rouse Street Pty Ltd v Burgess & Ors [2015] VSCA 8: Dispute between joint venture partners in relation to the construction of residential apartments (led by M Osborne KC).

• MedHealth Pty Ltd v D’Costa & Anor (County Court of Victoria, 2014, led by N Green KC):  Acted for an employer in relation to claims of misuse of confidential information and restraint of trade.

• Re Annesley Plant Hire Pty Ltd (No 2) [2014] VSC 350: Amendment of pleadings in relation to claims under the Corporations Act 2001 (Cth) (led by M Osborne KC).

• Isai v Registrar of Titles & Ors [2014] VCC 325:  Dispute concerning allegations of fraud and forgery of loan and mortgage documents; application for an injunction restraining execution of warrant of seizure and sale (pro bono counsel led E. W. Alstergren KC (now Alstegren CJ of the Federal Circuit and Family Court of Australia) and later by M. Clarke KC).