PROFILE

Full Name: Brenton P Devanny
Email: bdevanny@vicbar.com.au
Phone:+61 3 9225 7594
Fax:+61 3 9225 8480
Mobile:0407 525 875
Date of Admission: 11 Aug 2009
Called to the Bar: 1 May 2014
Qualifications: LLM; LLB (Hons); BCom
Previous Occupation: Solicitor

Profile

Brenton Devanny has a broad commercial practice. He has a focus on insolvency, banking and finance, commercial arbitration and corporations law.

Brenton appears both unled and as a junior in all jurisdictions.

Brenton holds a Master of Laws from the University of Melbourne (with a focus on International Insolvency and Arbitration) as well as a Bachelor of Laws (with Honours) and a Bachelor of Commerce.  

Experience

Before coming to the Bar, Brenton worked as a solicitor:

  1. at Russell Kennedy in the Dispute Resolution team;
  2. in the Part IVC team of the Legal Services Branch of the Australian Taxation Office; and
  3. at Forbes Dowling Lawyers.

At the Bar, Brenton has a broad commercial practice, including:

  • trustee claims under the Bankruptcy Act, in particular for sale of vested property, see here, here and here;
  • defending appeals to the Federal Court (unled) against orders for sale, including opposing applications for a stay pending appeal, see here and here;
  • successfully appealing in the Federal Court (unled) to the extent that a bankrupt's property was 'protected' under the Bankruptcy Act, see here;
  • applications for annulments of bankruptcy. both for and against;
  • disputes concerning Creditor’s Statutory Demands, see here;
  • antecedent transaction litigation such as unfair preference, uncommercial transaction and unreasonable director-related transaction litigation;
  • disputes over property secured under the Personal Property Securities Act, see here;
  • applications by liquidators and trustees for orders and directions;
  • civil appeals.

Brenton has also acted in a high profile recognition of a foreign bankruptcy under the UNCITRAL Model Law incorporated into the Cross-Border Insolvency Act, which involved a dispute over the location of the bankrupt's 'Centre of Main Interests'. See Kapila, in the matter of Edelsten [2014] FCA 1112.

Publications

Are you being served? , December 2015 89 (12) LIJ, p.08  

The importance of being direct "for the benefit of" unreasonable director-related transactions, (2014) 22 Insolv LJ 149

Brenton is also a contributing author to Lexis Nexis' Bankruptcy Law and Practice in the areas of:

  • Court's jurisdiction in bankruptcy;
  • Acts of bankruptcy;
  • Creditors' petitions;
  • Voluntary bankruptcy; and
  • Bankruptcy of deceased estates.

Brenton read with Peter Fary and his senior mentor was Garry Bigmore QC.

Areas of Practice

Commercial

  • Banking
  • Bankruptcy
  • Building and Construction
  • Consumer Protection Law
  • Contractual Disputes
  • Corporate Insolvency
  • Corporations Law
  • International Commercial Arbitration
  • Securities and Investments

Appellate

  • Civil Appeals

International Law

  • International Commercial Arbitration

Alternative Dispute Resolution

Areas of Mediation

Commercial

  • Banking
  • Bankruptcy
  • Consumer Protection Law
  • Corporate Insolvency
  • Corporations Law
  • Securities and Investments

Alternative Dispute Resolution

From 1 May 2014, liability limited by a scheme approved under Professional Standards Legislation.


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