PROFILE

Full Name: Constantine Salpigtidis
Email: csal@vicbar.com.au
Phone:9229 5017
Chambers: Dawson Chambers
Room: 17
Date of Admission: 4 Sep 1989
Called to the Bar: 26 Nov 1992
Nationally Accredited Mediator: 3 Nov 2010
Accredited as Mediator: 29 Feb 1996

Profile

I practice in a wide range of commercial litigation matters. I am an accomplished pleader and have experience in all facets of interlocutory and trial work. I appear in the Supreme Court of Victoria, the County Court of Victoria and on occasions in major Magistrate Court matters. I also appear in the Federal Court of Australia and at the VCAT.

I often appear on behalf of clients at mediations. I also have experience mediating disputes and accept briefs as Mediator.

My clients include listed public companies and other major corporations. I have acted for clients in Italy, the United Kingdom and in Greece.

I have also sat as a member of the Appeals Tribunal for a national sporting body.

I frequently appear as junior to several senior counsel. They have included the President of the Court of Appeal Justice Maxwell, the Honourable Justice Robson, Mr Meagher QC, Mr Kendall QC, Mr Lucarelli QC and Mr Garantziotis SC.

My major areas of practice may be summarised as follows.

Commercial Law:

I have a broad range of experience in the following areas:
• contract law: construction of contracts, claims for breach of contract and the application of vitiating factors;
• trade practices: misleading and deceptive conduct, unconscionability and aiding and abetting;
• banking and finance law: securitisation, cheques and negotiable instruments;
• property law: sale and purchase, leases, mortgages, priorities, adverse possession and misleading and deceptive conduct;
• product liability;
• guarantees: enforceability, charges, indemnity;
• equity;
• trusts;
• partnerships; and
• restraint of trade.

Insolvency Law:

The key insolvency areas that I work in include:
• winding up;
• insolvent trading;
• external administrations;
• enforcement of securities, and
• preferences.

Corporations Law:

My experience in this area includes:
• statutory duties of directors and officers (including fiduciary duties);
• shareholders’ minority oppression actions;
• continuous disclosure requirements;
• managed investment schemes;
• reinstatement of corporation; and
• rectification of share registry.

Professional Negligence/Insurance:

In this field I have a broad range of experience in professional indemnity and insurance cases. These cases have dealt with a wide range of professional disciplines including: solicitors, accountants, stock brokers, insurance brokers, estate agents and architects. I have also conducted a number of insurance cases and have acted and advised on the construction of numerous insurance policies and claims in respect of: property damage (fire, storm and other causative events); business interruption claims and income protection claims.

MAJOR MATTERS

Major matters in which I have undertaken work and/or appeared since 2004 include the following:

  • Counsel for plaintiff in Perpetual Trustees Vic Ltd v Schembri (2013 – current (Mortgage; recovery of possession; unconscionable conduct: Supreme Court of Victoria)
  • Counsel for respondent in Busby v National Australia Bank Ltd (2012 – current) (Guarantees: exercise of discretion: Court of Appeal)
  • Counsel for plaintiff in Eyre Tuna Pty Ltd v ETSA Utilities (Reg.) & Ors (2012 – current) (Fire; negligence; consequential loss: Supreme Court of South Australia)
  • Counsel for defendant in Montague Cold Storage & Ors v T. Fitzgerald Investments Pty Ltd (2012 – 2013) (Property: vendor’s statement; professional negligence: Supreme Court of Victoria)
  • Counsel for plaintiff in National Australia Bank Ltd v Kambouris (2012) (Mortgage: Supreme Court of Victoria)
  • Counsel for plaintiff in Bank of Queensland Limited v Bryan & Anor 2012) (Mortgage; guarantees: Supreme Court of Victoria)
  • Cousel for plaintiff in Feesty Pty Ltd & Anor v Freshwater Residential Ltd & Ors (2011) (Property; misleading and deceptive conduct; professional negligence of estate agent and solicitor: Supreme Court of Victoria)
  • Counsel for Plaintiff in Break Fast Investments Pty Ltd v Giannopolous & Ors (2011) (Unjust enrichment; tracing; restitution; Barnes v Addy claim: Supreme Court of New South Wales)
  • Counsel for defendants in Burke v CNH Australia Pty Ltd (2010 – 2012) (Product liability; fire; negligence; distributor’s liability: Supreme Court of Victoria)
  • Counsel for plaintiff in Kialla Homes Pty Ltd v Nicol & Nicol Pty Ltd & Ors (2011 – 2012) (Professional negligence of accountants; restitution; tracing; Barnes v Addy claim: Supreme Court of Victoria)
  • Counsel for plaintiff in Hackett v Bailesti Pty Ltd (2011 – 2012) (Motor racing insurance; racing collision; professional negligence of insurance broker: County Court of Victoria)
  • Counsel for plaintiff in National Australia Bank Ltd v Busby & Ors (2011 – 2012) (Guarantees: County Court of Victoria)
  • Counsel for defendant in Freshwater Residential Pty Ltd v Hwa Ling Kong (2010 – 2011) (Property; vendor’s statement; misleading and deceptive conduct; professional negligence of estate agent: Supreme Court of Victoria)
  • Counsel for plaintiff in Break Fast Investments Pty Ltd & Anor v Gravity Ventures Pty Ltd & Ors (2010 – 2011) (Unjust enrichment; tracing; restitution; Barnes v Addy claim: Supreme Court of Victoria)
  • Counsel for prospective plaintiff in Prixcar Services Pty Ltd v QBE Insurance (Australia) Limited (2009) (Industrial Special Risk Insurance Policy; storm damage)
  • Counsel for defendant in Owners Corporation Plan No. PS 414245L v Goldstar Appartments Pty Ltd (2009-2010) (Property; adverse possession: County Court of Victoria)
  • Counsel for the applicant in Dromana Estate Ltd v Gryst (2008) (Corporations law; winding up: Federal Court of Australia, South Australia)
  • Counsel for the plaintiff in GR Finance Ltd v Mitchell (2008) (Banking and finance; mortgages; recovery of possession: Supreme Court of Victoria)
  • Counsel for the plaintiff in North Hume Pty Ltd v Plasterboard Central Pty Ltd & Ors (2008) (Franchise agreements; representations; misleading and deceptive conduct; aiding and abetting pursuant to s. 75B of the Trade Practices Act: Supreme Court of Victoria)
  • Counsel for the defendants in Hermesdorf v Depace & Ors (2008) (Sale of real estate; rescission; condition subsequent; removal of caveat: Supreme Court of Victoria)
  • Counsel for the plaintiff in National Fresh Salad Pty Ltd & P. M. Burrell Pty Ltd & Ors (2008) (Leases; surrender; agreement; delay; water rights: County Court of Victoria)
  • Counsel for defendant in Muirfield Golf Maintenance Pty Ltd v Yarra Valley Golf Pty Ltd (2007-2010) (contract; repudiation; damages: Supreme Court of Victoria)
  • Counsel for applicant in Liberty Financial Pty Ltd v Bluestone Group Pty Ltd (2005) (Discovery; misleading and deceptive conduct; subpoenas; abuse of process: Federal Court of Australia)
  • Counsel for the appellant in Magill v Magill (2004-2006) (Fraudulent misrepresentation; paternity fraud: Court of Appeal Supreme Court of Victoria)
  • Counsel for defendants in Haimovici v Vexler & Ors (2004-2006) (Partnership; joint venture; trusts; equity: Supreme Court of Victoria)
  • Counsel for plaintiff in Liberty Financial Pty Ltd & Anor v Scott and Bluestone Group Pty Ltd (2004-2006) (Complex commercial dispute; confidential information; intellectual property; Corporations Law; equity; constructive trust; breach of contract; breach of fiduciary duty by employee: Supreme Court of Victoria)
  • Counsel for the defendant in G. Rechichi Nominees Pty Ltd v Radartech Pty Ltd (2003-2004) (Negligence; fire; insurance: Supreme Court of Victoria)
  • Counsel for the plaintiff in National Vintages Pty Ltd v Stephens & Ors (2003-2004) (Managed investment scheme; joint venture; rectification, breach: Supreme Court of Victoria)
  • Counsel for the plaintiff in Winter v Borazio (2008-2009) (Mortgage; variation of mortgage; repossession of property: Supreme Court of Victoria)

ACADEMIC QUALIFICATIONS

LL.B./B.Com. The University of Melbourne (1983-1987)

LANGUAGES (other than English)

Greek

Areas of Practice

Common Law/Personal Injury

  • Professional Negligence

Commercial

  • Banking
  • Bankruptcy
  • Competition
  • Contractual Disputes
  • Corporate Insolvency
  • Corporations Law
  • Insurance
  • Real Property
  • Securities and Investments

Equity

  • Trusts

Alternative Dispute Resolution

From 7 Oct 2010, liability limited by a scheme approved under Professional Standards Legislation.


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