Matthew Harvey KC

Re Reliance Franchise Partners Pty Ltd (in liq) [2024] FCA 868: creditor priority application under s 564 Corporations Act;

In the matter of Vasco Trustees Ltd (VSC): currently acting for responsible entity in various proceedings as to disputes within a managed investment scheme;

Re Ausun Property CBD Pty Ltd (in liq) [2022] VSC 541: briefed for liquidator and for receiver and manager in relation to sale of corporate property;

Re NWEL Pty Ltd (in liq) [2018] VSC 634: briefed for creditor in preference action;

Re Mamounia Pty Ltd (in liquidation) (No. 3) [2018] VSC 65: briefed for liquidators seeking the Court’s advice whether funds held in solicitor’s trust account were subject to a lien and should be applied to payment of legal fees;

Equal 54 Pty Ltd v Galimberti [2016] VSC 588: briefed for the plaintiff in a claim in professional negligence against a solicitor;

Cato Brand Partners Pty Ltd v Air India Ltd [2016] VSC 28: briefed for the respondent in an application to wind up a foreign corporation, under Part 5.7 of the Corporations Act;

Babcock & Brown DIF III Global v Babcock & Brown International Pty Ltd & Ors [2015] VSC 453: briefed for a law firm in an application to enjoin it from acting for the plaintiffs.

Martino & Anna Pty Ltd v Marjames (SCV) – briefed for trustee of unit trust as to dispute with former trustee and unitholders;

PTD Nominees Pty Ltd v Deacon [2023] VSC 245: briefed for trustee seeking judicial advice to amend Trust Deed to remove appointor;

Macedonian Orthodox Church disputes: briefed in the Supreme Court in a dispute about property held on charitable trust;

Serbian Orthodox Church disputes: briefed in numerous, long running proceedings in the Supreme Court. Proceedings resolved by cy-près scheme under the Charities Act 1978;

Kelsall v Evans [2016] VSC 724: briefed for the executors in a dispute as to testamentary capacity and an informal codicil;

Daunt v Daunt [2015] VSCA 58: briefed for the appellant in proceeding involving constructive trust and fiduciary duties;

In Re Timbercorp Securities Pty Ltd [2012] VSC 590: briefed for the trustees seeking the Court’s approval to enter into a compromise in complex and protracted insolvency proceedings.

CSL Australia Pty Ltd v Tasmanian Ports Corporation (The “Goliath”) [2024] FCA 824: briefed for defendant in a wreck removal claim subject to the Limitation Convention;

Platinum Capital Partner Inc v The Star Entertainment International No 2 Pty Ltd (FCA): currently briefed for the plaintiff as to the sale of a luxury yacht;

Keri Lee Charters Pty Ltd v QBE Insurance (Australia) Ltd (FCA): briefed for an insurer in claims under the Marine Insurance Act for damage to charter vessel;

Karis v Digital CC Management Pty Ltd (No 3)[2024] FCA 738: briefed to defend summary judgment and strike out applications as to claims over bitcoin;

UIL (Singapore) Pte Ltd v Wollongong Coal Ltd (FCA): currently acting for applicant in commodities agreement dispute;

CSL Australia Pty Ltd v Tasmanian Ports Corporation (FCA): currently acting for TasPorts in various proceedings, including application to establish a limitation fund under the Convention on Limitation of Liability for Maritime Claims 1976;

Karis v Digital CC Management Pty Ltd [2022] FCA 685: briefed in application for anti-suit injunctions as to proceedings in United States;

The “APL England” (FCA): acted for and advised freight forwarders as to legal claims brought for containers lost overboard in heavy seas;

The MV “Royal Knight” (FCA): acted for and advised shipowners as to severe damage to ship by shiploader;

Manassen Foods Australia Pty Ltd v Seaway Logistics Pty Ltd [2020] VSC 835: briefed for importer in a claim for damage to cargo;

Williams v TT-Line Company Pty Ltd [2019] VSC 55: briefed to oppose application to cross-vest proceeding to Supreme Court of Tasmania;

Toll Holdings Ltd v Stewart (2016) 338 ALR 602: briefed for the carrier in a dispute over ownership of goods and stoppage in transitu;

Geraldton Port Authority v The Ship “Kim Heng 1888” (2012) 291 ALR 471: briefed for the port authority in a dispute over the interpretation of the Admiralty Act 1988.

Degroma Trading Inc v Viva Energy Australia Pty Ltd [2019] FCA 649: application to stay proceeding under s 7 of the International Arbitration Act 1974;

Emerald Grain Australia Pty Ltd v Agrocorp International Pte Ltd (2014) 314 ALR 299: application to set aside award on the basis that natural justice had been denied.

The breakdown of a ship loader which led to claims for damages (including lost profits and demurrage) and reliance on force majeure provisions in a services contract.

Disputes arising out of the winding up of a commercial partnership.

Disputes arising out of a contract for the supply of coal to a power station.

Disputes arising out of contracts for the sale of iron ore and related contracts of affreightment.

A contract for the provision of international shipping services which led to claims for payment for those services.

Matthew has given numerous awards including, on the merits (liability and damages), costs, interim measures, and disclosure of documents. He has been appointed to arbitrate disputes subject to Singaporean, English, Chinese, and Australian law. His appointments include:

-  Charterparty – challenge to jurisdiction and demurrage claims (SIAC appointment);

-  Air services agreement – proper interpretation of agreement (RI appointment);

-  Charterparty – challenge to jurisdiction, conflict of laws, termination (SCMA appointment)

-  Salvage agreement – whether owner in breach of agreement, whether there was misleading or deceptive conduct and, if so, the quantum of damages (MLAANZ);

-  Infrastructure agreement – whether terms incorporated and, if so, whether a breach of contract;

-  Finance agreement for the acquisition of commodities;

-  Grounding of vessels in foreign waters – whether charterers or owners liable;

-  Dissolution of a commercial partnership – involving real property interests, contract, and intellectual property;

-  Dispute between an employer and employee arising out of termination and a restraint of trade clause.