Ari specialises in Commercial, Equity and Estate disputes and litigation.
He regularly appears as an advocate in most State and Federal Courts and Tribunals as well as at mediations and settlement conferences.
Primary Areas of Practice
- Commercial & Contract Law
- Corporation Law & Insolvency
- Equity & Trusts
- Real Property Law including Mortgage & Finance Law
- Restraint of Trade in Commercial and Employment Contracts
- Succession, Will & Estates / Family Provision Claims / Will Disputes
Succession & Estates
I have been instructed in all types of Succession and Estate matters including matters relating to family provision claims, construction disputes, rectification of wills, statutory wills, contested probate including lack of capacity as well as burial disputes and rights in human tissue.
- Spata v Tumino (2018) 95 NSWLR 706 – Appeared for the successful Respondent in the New South Wales Court of Appeal – leading Appeal authority on “dependency” in family provision claims.
- Chapman v South Eastern Sydney Local Health District (2018) 98 NSWLR 208 – Personal Property Rights in Human Tissue.
- In the matter of an Application by Vernon  NSWSC 608 – Personal Property Rights in Human Tissue.
- Gonzales v State Coroner of New South Wales  NSWSC 153 – Urgent Relief -Personal Property Rights in Human Tissue.
Corporations & Insolvency
I have been instructed in a variety of proceedings under the Corporations Act 2001 (Cth) including oppression proceedings, derivative actions against directors, breach of statutory and fiduciary duties by company officers, as well as applications arising from statutory demands and winding up (on insolvency as well as just and equitable grounds.).
- In the matters of Earth Civil Australia Pty Ltd, RCG CBD Pty Ltd, Bluemine Pty Ltd, Diamondwish Pty Ltd and Rackforce Pty Ltd (all in liq)  NSWSC 966 – Appeared for the successful Defendant in recovery proceedings seeking approximately $35million – director duties – fiduciary duties – Barnes v Addy – shadow directors – uncommercial transactions.
- In the matter of Ming Tian Real Property Pty Ltd  NSWSC 912 – Application by Administrators to adjourn winding up – costs order against administrators.
- In the matter of Beechworth Land Estates Pty Ltd (in liquidation) and Griffith Estates Pty Ltd (in liquidation)  NSWSC 1703 – Declarations of Trust – Replacement of Trustees.
- In the matter of Selin Australia Pty Limited  NSWSC 1908 – Application to set aside Statutory Demand
- In the matter of HCAFE Chatswood Pty Ltd  NSWSC 1828 – Appointment of Provisional Liquidator in Shareholder Oppression Case.
Equity, Trusts and Real Property
I am regularly instructed on all matters of disputes concerning real property, including caveats, mortgages, easements, trusts (including remedial trusts), equitable charges and the like.
- Wheatley v Salmon  NSWSC 395 – Claim in Proprietary Estoppel seeking declaration and vesting of title of real property.
- Ageist Pty Limited v More Than Skin Deep Pty Limited  NSWSC 698 – Summons by Mortgagee to remove caveat – prima facie priority dispute.
- Perpetual Trustee Company Ltd v Ankat Investment Pty Ltd  NSWSC 829 – Payment of Funds out of Court to Equitable Mortgagee/Chargee
- Mandile v Smith  NSWSC 1621 – Redemption of Mortgage
- Lord v McMahon  NSWSC 1619 – Proprietary Estoppel and Encroachment of Building Act
Other and Interlocutory Judgments
I am regularly instructed in a wide range of general civil matters (primarily commercial/contract/building disputes) as well as interlocutory applications of all varieties.
- Yisheng Construction Pty Ltd v City Garden Australia Pty Ltd  NSWSC 221 – Building and Construction Contracts – oral representations – estoppel.
- Union Steel Pty Ltd v Union Steel Investments Pty Ltd  NSWSC 1511 (led by M Ashhurst SC) – Resisting an application for security for costs where it is alleged that the Plaintiff’s impecuniosity resulted from misappropriation/breach of trust by the Defendants.
- Brown v Hannover Life Re of Australasia Ltd  FCA 1391 – Interest under the Insurance Contracts Act 1984 (Cth).
- In the matters of Earth Civil Australia Pty Ltd, RCG CBD Pty Ltd, Bluemine Pty Ltd, Diamondwish Pty Ltd and Rackforce Pty Ltd (all in liq)  NSWSC 293 – Admissibility of transcripts obtained of compulsory ATO interviews pursuant to s 353-10 of the Taxation Administration Act 1953 (Cth) – in the context of civil proceedings seeking approximately $35million for breach of statutory and fiduciary duties and/or knowing assistance.
- Hume Plasterboard Pty Ltd v Lin Betty Building Group Pty Ltd  NSWSC 89
- McDonagh v Huxley (No. 3)  NSWSC 1181 – Application to Set Aside Default Judgment after final hearing of substantive matter against other defendants
- ASIL Foundation (Lending) Pty Ltd v Langridge  NSWSC 1574 – Security for Costs
- Armstrong Scalisi Holdings Pty Ltd v Piscopo (Trustee), in the matter of Collins  FCA 423 – Security for Costs
- Glenella One Pty Limited v Duncan  NSWSC 165 – (led by G McGrath SC) Cross vesting Application from Supreme Court to Family Court
- Member at NSW Bar Association.
- Member at Commercial Law Association of Australia.
- Member (and board member) at Second Floor Wentworth Chambers.
- JADE Expert Panel, Consumer Protection Law.
- Committee Member, New South Wales Young Lawyers Civil Litigation (2014 – 2019).
- Committee Member, New South Wales Young Lawyers Communications, Entertainment & Technology Law (2014 – 2019).
- Entitlement to possession of reproductive tissue posthumously collected – Hosseini v Genea Limited  NSWSC 1568
- Re Earth Civil Australia Pty Ltd, RCG CBD Pty Ltd, Bluemine Pty Ltd, Diamondwish Pty Ltd and Rackforce Pty Ltd (all in liq)  NSWSC 966
- Application by Administrators to Adjourn Winding Up – Re Ming Tian Real Property Pty Ltd  NSWSC 912
- May 2021 Will & Estate Decisions (NSW)
- When can you Revoke a Grant of Probate? Case Note on James Justin O’Neill v Antony Patrick O’Neill  NSWSC 644