Nicholas Frenkel is an experienced commercial barrister, with particular expertise in contractual disputes, property and insolvency. His focus is on achieving the best possible commercial outcomes for his clients.
Nicholas has significant interlocutory, trial and appellate experience. He regularly appears in superior state and federal courts, tribunals and in commercial arbitrations. Nicholas often provides advice on commercial matters.
Prior to joining the Victorian Bar, Nicholas was a solicitor at Sly & Weigall (later, part of Norton Rose Fulbright). He was subsequently the associate to a judge of the Supreme Court of Victoria.
Nicholas is entitled to practise in all jurisdictions in Australia.
Appearances include:
2023
Hassan v Image Nominees Pty Ltd & Ors [2023] FCA 1645 (application by provisional liquidators for winding up order on just and equitable ground)
Stuart v Mordialloc Sporting Club Inc & Ors [2023] VSC 110 (application by plaintiff for judgment based on admissions)
Stuart v Mordialloc Sporting Club Inc & Ors (No 2) [2023] VSC 181 (application to set aside or strike out counterclaim)
Re Richstone Plumbing Pty Ltd [2023] VSC 112 (application by administrators for approval for sale of assets)
Christopher & Anor v Lemanda & Anor [2023] VCAT 1101 (application for rent review under Retail Leases Act)
2022
John Barr Investments Pty Ltd v Mordialloc Sporting Club Inc & Anor [2022] VSC 100 (application for leave to appeal under s 148 VCAT Act)
Hartman v Commissioner of State Revenue [2022] VCAT 28 (application for review of decision by Commissioner to disallow objection to assessment of duty)
Airmaster Corporation Pty Ltd v Mohtadi [2022] VSC 822 (application for interlocutory injunction to enforce restraint)
2021
Hazelwood v Mercurio & Ors [2021] VSC 362 (application to remove a caveat)
Stuart v Said [2021] VSCA 226 (application for leave to appeal against security for costs order)
National Paper Industries Pty Ltd & Anor v Sapountzis (Supreme Court of Victoria, 14 May 2021) (application for stay of civil proceeding until conclusion of criminal proceeding)
Stuart v Mordialloc Sporting Club Inc; John Barr Investments P/L v Mordialloc Sporting Club Inc [2021] VSC 244 (pleadings application and application for joinder)
2020
Brown v Commissioner of Taxation [2020] FCA 817 (administrative review under ADJR Act of decision in relation to director penalty notice)
In the Matter of C & D Recycling Pty Ltd (In Liq) (Supreme Court of Victoria, 13, 14 July 2020) (examinations under Part 5.9 of the Corporations Act)
Stuart v Mordialloc Sporting Club Inc [2020] VSC 658 (application for security for costs)
Stuart v Mordialloc Sporting Club Inc (No 2) [2020] VSC 744 (application for special costs order)
2019
Stuart v Mordialloc Sporting Club Inc [2019] VSC 847 (application for security for costs)
Oriental Merchant Pty Ltd v Nongshim Co Ltd & Anor (Supreme Court of Victoria, 8 November 2019) (application to set aside subpoenas)
John Barr Investments Pty Ltd v Mordialloc Sporting Club Inc (Supreme Court of Victoria, 30 April 2019) (application to set aside subpoenas)
2018
Arnott & Anor v Olszak & Ors (Supreme Court of Victoria, 13, 17 December 2018) (application for interlocutory injunction)
Livingston v Steel (Supreme Court of Victoria, 4 October 2018) (application to remove caveat)
Trojan Security (AU/NZ) Pty Ltd v Deputy Commissioner of Taxation (Federal Court of Australia, 23 November 2018) (application to set aside statutory demand)
Deputy Commissioner of Taxation v Match Play Management Pty Ltd (In Liq) (Supreme Court of Victoria, 31 August 2018) (application to terminate a winding up)
2017
Hastie Group Ltd (In Liq) & Ors v Bourne & Ors; Hastie Group Ltd (In Liq) & Ors v Moore & Ors [2017] NSWSC 709 (interlocutory applications in proceedings against directors and auditors)
In the Matter of CTM Training Solutions Pty Ltd (In Liq) (Supreme Court of Victoria, 3, 11, 31 October 2017) (examinations under Part 5.9 of the Corporations Act)
2016
In the Matter of Maxwell Property Group Pty Ltd (In Liq) (Supreme Court of Victoria, 29 November 2016) (examinations under Part 5.9 of the Corporations Act)
Crosbie, in the Matter of Hastie Group Ltd (In Liq) & Ors [2016] FCA 1289 (application by liquidator for approval of litigation funding agreement under s 477(2B) of the Corporations Act)
Liubinas & Anor v Vicport Fisheries Pty Ltd (No. 2) [2016] VCAT 1893 (hearing of preliminary question on construction of lease of retail premises)
Liubinas & Anor v Vicport Fisheries Pty Ltd [2016] VCAT 927 (hearing of preliminary question on ownership of fitout in retail premises)
2015
In the Matter of Hastie Group Ltd (In Liq) (Federal Court of Australia, 28 May, 4 June, 14, 22, 23, 29, 30 July, 4, 5, 20, 27 August, 16 September, 27 October 2015) (examinations under Part 5.9 of the Corporations Act)
Polytrade Pty Ltd v Glass Recovery Services Pty Ltd [2015] VSC 164 (application to set aside statutory demand)
2014
Jin Dun Pty Ltd v Di & Li Australia Pty Ltd [2014] VSC 562 (application for leave to appeal from orders made by VCAT)
In the Matter of Raphco Pty Ltd (In Liq) (Supreme Court of Victoria, 24 September, 17, 29 and 30 October 2014) (examinations under Part 5.9 of the Corporations Act)
Perpetual Nominees Ltd v McGoldrick & Anor [2014] VSC 152 (application for summary judgment)
Entwisle & Ors v Minken Pty Ltd & Ors (No. 2) [2014] VSC 14 (application for indemnity costs)
2013
Otter Group Pty Ltd v Wylaars & Anor [2013] VSC 98 (application by lessee for an interlocutory injunction in relation to a bank guarantee)
South Yarra Colonnade Pty Ltd v Designbuilt Industries Pty Ltd & Ors [2013] VCAT 266 (trial in the Retail Tenancies List)
Troutfarms Australia Pty Ltd v Perpetual Nominees Ltd [2013] VSCA 176 (application for leave to appeal)
Entwisle & Ors v Minken Pty Ltd & Ors [2013] VSC 709 (trial: winding up on just and equitable ground)
Colmax Glass Pty Ltd v Polytrade Pty Ltd [2013] VSC 311 (application for security for costs)
Troutfarms Australia Pty Ltd v Perpetual Nominees Ltd [2013] VSC 228 (application to set aside statutory demand)
2012
Ericsson Australia Pty Ltd v Service Stream Ltd (ICC Arbitration, 2010 - 2012) (building and construction dispute relating to the telecommunications industry)
Westland Property Group Pty Ltd & Ors v El Haouli (Supreme Court of Victoria (Croft J), 29 August 2012) (application to be released from undertaking)
Colmax Glass Pty Ltd v Polytrade Pty Ltd (Supreme Court of Victoria (Ferguson J), 23 July 2012) (application for an interlocutory injunction)
Westland Property Group Pty Ltd & Ors v El Haouli (Supreme Court of Victoria (Lansdowne AJ), 8 and 9 August 2012) (application for summary judgment)
In the Matter of Moteca Holdings Pty Ltd (In Liq) (Supreme Court of Victoria (Efthim AJ), 3 July 2012) (application for costs against examinee / non-party)
Westland Property Group Pty Ltd & Ors v El Haouli (Supreme Court of Victoria (Hargrave J), 16 May 2012) (application for a freezing order)
In the Matter of Moteca Holdings Pty Ltd (In Liq) (Supreme Court of Victoria (Efthim AJ), 16 April, 21 - 22 and 30 May 2012) (examinations under Part 5.9 of the Corporations Act)
2011
Andale Repetition Engineering Pty Ltd v Hoshizaki Lancer Pty Ltd [2011] VSC 496 (application for interlocutory injunction alleging contravention of s. 18 of the Australian Consumer Law (comparative advertising))
Greatland Investment Company Pty Ltd v Lewenberg & Lewenberg (A Firm) (Supreme Court of Victoria (Kyrou J), 29 July 2011) (trial of proceeding for an order requiring delivery up of files held by former solicitors)
Johnson & Ors v AED Oil Ltd & Ors [2011] VSC 94 (trial of proceeding for declarations in connection with terms of a settlement deed)
2010
Popal & Anor v Accounts Control Management Services Pty Ltd & Anor [2010] VSC 412 (application for extension of time for leave to appeal)
Procon Developments (Australia) Pty Ltd v Paras Bros Pty Ltd & Anor (Supreme Court of Victoria (Hargrave J), 16 September 2010) (application by builder for interlocutory injunction to restrain principal from calling upon bank guarantee)
Jasmine Management Services Pty Ltd v State & Ors (Federal Court of Australia (Dodds-Streeton J), 1 and 2 March 2010) (trial of proceeding for damages pursuant to s. 52/75B of the Trades Practices Act)
2009
Sargood (Vic) Pty Ltd v Switzerland Investments Pty Ltd & Anor [2009] VSC 577 (trial of proceeding in which purchaser of land sought relief against forfeiture/specific performance)
2008
Aussie Vic Plant Hire Pty Ltd (In Liq) v Esanda Finance Corporation Ltd (Supreme Court of Victoria (Court of Appeal: Warren CJ and Hargrave AJA), 14 October 2008) (application to Court of Appeal for appeal against winding up order to be struck out/security for costs)
1-5 Grantham Street Pty Ltd & Anor v Glenrich Builders Pty Ltd [2008] VSCA 228 (application to Court of Appeal for stay of execution and security for costs pending appeal - building and construction matter)
Aussie Vic Plant Hire Pty Ltd v Esanda Finance Corporation Ltd (2008) 232 CLR 314 (appeal to High Court on whether the period for compliance with a statutory demand could be extended after the period had expired (s. 459F of the Corporations Act)
Smith Lewis & Staff Pty Ltd v Stavreff & Anor (Supreme Court of Victoria (Smith J), 29 February 2008) (application for interlocutory injunction to enforce restraint of trade clause in an employment agreement)
Kay Group Holdings Pty Ltd & Ors v K & K Plastics Pty Ltd & Ors [2008] VSC 179 (application for leave to enforce an award pursuant to s. 33 of the Commercial Arbitration Act)
2007
Omnigon Pty Ltd v Ainscorp Pty Ltd (Federal Court of Australia (Gordon J), 21 December 2007) (application for interlocutory injunction to enforce restraint of trade clause in a shareholders agreement)
Lewis v Australian Olives Ltd (Federal Court of Australia (Gordon J), 7 November 2007) (application to inspect the register of members of a corporation (s. 173 Corporations Act)
Gatecall Pty Ltd v Beluga Developments Pty Ltd & Ors (Federal Court of Australia (North J), 31 August 2007) (application for a freezing order)
Arrow International Australia Ltd v Indevelco Pty Ltd [2007] VCAT 2239 (trial of proceeding in which a builder sought recovery from a financier pursuant to a Tripartite Deed and the financier sought to enforce a Guarantee and Indemnity)
Consolidated Property Services (Australia) Pty Ltd v Liquor Hospitality and Miscellaneous Union (Supreme Court of Victoria, 5 July 2007) (application to stay proceeding/strike out Statement of Claim)
Aussie Vic Plant Hire Pty Ltd v Esanda Finance Corporation Ltd (2007) 212 FLR 56 (appeal to Court of Appeal on whether the period for compliance with a statutory demand could be extended after the period had expired (s. 459F of the Corporations Act)
Construction Engineering (Aust) Pty Ltd v Victorian Managed Insurance Authority [2007] VCAT 69 (preliminary application/review of decision of VMIA pursuant to s. 44 of House Contracts Guarantee Act)
