Kellie Van Munster
As a Senior Associate in the Insolvency and litigation team at Swaab my responsibilities include the day-to-day carriage of litigious matters and providing advice to clients regarding their legal rights and strategies to achieve timely and commercial outcomes.
Since my admission as a solicitor in 2007 I have always focused on assisting clients resolve their disputes in a commercial and timely manner.
Commercial and corporate litigation:
- Assignments of debt, enforcement of guarantees and security interests in real and personal property.
- Conveyancing disputes.
- Damages claims, debt recovery and enforcement of judgments.
- Directors’ and officeholders’ statutory liability and breaches of fiduciary duties.
- Injunctions and freezing orders.
- Joint ventures, constructive and resulting trusts, including over interests in real property.
- Trusts, shareholder and partnership disputes.
For insolvency, both corporate and personal — acting for Administrators, Liquidators and Receivers in all types of disputes in numerous industries, and for Trustees in Bankruptcy and Trustees appointed under section 66G of the Conveyancing Act. In overview:
- In Administrations — extensions of convening periods, validation of appointments and in Bankruptcy — defending removal applications.
- Applications to the Court (contested) for approval of remuneration of Liquidators, Receivers and Section 66G Trustees.
- Applications to the Court for directions (judicial advice)
- Deeds of Company Arrangement and Creditors’ Schemes of Arrangement.
- Orders for possession of real property in Bankrupt Estates.
- Public examinations in Bankruptcy and winding ups, including appearing at times without Counsel.
- Replacement of Liquidators by application to the Court.
- Tracing, seizing and realising assets of various kinds.
- Terminations of winding ups for Liquidators and also for shareholders.
- Voidable transactions in personal and corporate insolvency.
- General commercial litigation and dispute resolution
- Contractual disputes
- Property disputes
- Estate disputes
- Trust disputes
- Corporations law
- Debt recovery
- Corporate insolvency
Roles, memberships and education
- Bachelor of Arts (major in Psychology) – University of Western Sydney
- Bachelor of Laws (LLB) – University of Western Sydney
- Admitted to practise as a solicitor in News South Wales in December 2007
- Member of the Law Society of NSW