Mr Adam Rollnik

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Adam appears regularly in all Victorian State Courts, the Federal Court and VCAT in connection with various commercial disputes.  Adam has particular expertise in the areas of arbitration, building and construction (including security of payment and domestic building), contract disputes (including proportionate liability), owners corporations’ matters, franchising disputes, contract of employment disputes, retail tenancy, misleading conduct and tort. 

Adam is a former lecturer in Torts Law at Monash University and has taught advocacy at the Leo Cussen Centre for Law.  Adam has written papers or presented seminars on termination for breach of contract, security of payment, and proportionate liability.

Prior to coming to the Bar Adam was a Senior Associate at both King & Wood Mallesons and Ashurst in the UK, and he was also in-house counsel at Telstra.

See attached CV for further details.

Significant matters

Supreme Court – Construction: Acting for Aurecon Australia Pty Ltd (led by Jeff Gleeson SC) in connection with a dispute with Melbourne Water and others about the construction of the Eastern Treatment Plant. (Instructed by Gilchrist Connell).

Supreme Court – Insurance: Acted for an insurer in a successful subrogation claim brought by the insurer against the insured. (Instructed by Arnold Bloch Leibler).

Supreme Court – Corporations and Securities: Acted for a stockbroking firm (led by Philip Crutchfield) in relation to an alleged failure to sell shares when instructed and alleged subsequent loss.

Supreme Court – Legal Professional Privilege: Acted for property investment company in connection a dispute about legal professional privilege and waiver of privilege.

Supreme Court – Winding up application: Acting for directors of a company in opposition to a liquidator’s insolvent trading claim under s 588G of the Corporations Act.

Supreme Court – Breach of contract: Acting for crane hire company in dispute with supplier of a new crane.  (Instructed by Norton Gledhill).

Federal Court – Corporations and Securities: Acted for a company in opposition to a winding up application under section 459P of the Corporations Act 2001 (Cth). (Instructed by Atanaskovic Hartnell).

County Court – Franchise dispute: Acting for fast food company franchisor in connection with a dispute with a franchisee after the franchise agreement was terminated.  (Instructed by HWL Ebsworth).

County Court – Misleading conduct: Acted for a financial services firm defending an allegation of misleading or deceptive conduct.

County Court – Wills and estates: acted for children claiming maintenance under the Administration and Probate Act (Vic).

Federal Magistrates Court – employment law: acted for an employer company (led by Simone Bingham) in dispute with the Office of the Fair Work Building Industry Inspectorate about whether workers were independent contractors or employees.

Federal Magistrates Court – Bankruptcy: Acted for a bankrupt in the Federal Magistrates’ Court re: the validity of a sequestration order.

Magistrates Court – employment law: acted for an employee who successfully brought a claim for unpaid commissions against his former employer and successfully defendant allegations of misappropriation of intellectual property.  (Instructed by Rigby Cooke).

Magistrates’ Court – Corporations and Securities: Unfair preference claim brought by a liquidator. (Instructed by Sewel & Kettle).

International arbitration: Acted for an oil company (led by John Digby QC, prior to his Honour’s appointment to the Supreme Court) in an international arbitration concerning the alleged repudiation of a charter party contract.  (Instructed by King & Wood Mallesons).

Domestic arbitration: Acted for telecommunications and utility provider (led by John Digby QC) in dispute with a supplier of telecommunications goods and services.  (Instructed by Norton Gledhill).

VCAT – Domestic building dispute: Acted for an Owners Corporation in connection with defects in a residential apartment development. 

VCAT – Domestic building disputes: Acted for a number of builders in various disputes in connection with alleged construction defects at residential and commercial developments.

VCAT – Retail tenancy dispute: Acted for lessor of retail premises in 11- day trial at VCAT in connection with late payment of rent and alleged defects at the retail premises (instructed by HWL Ebsworth).

VCAT – Jurisdiction: Acted for Places Victoria in successfully arguing that VCAT did not have jurisdiction to hear a dispute about access to telecommunications infrastructure.  (Instructed by K&L Gates).

Tax: Prepared submissions for an investor in connection with his objection to the ATO’s excess contributions tax assessment. The ATO accepted the submissions and overturned the tax assessment. 

Publications

Adam has published a number of papers and has presented continuing legal education seminars to leading national and international law firms on arbitration law, contract law and legal professional privilege.

"Security of payment in Victoria: payment claims, adjudication & court intervention", paper presented to the Legalwise Building and Construction Law seminar in Melbourne on 7 March 2013 Click to view.

"Tic Tac box rejected as a trade mark: Ferrero S.p.A" AIPLB 25(7) Dec/Jan 2013 at 141 Click to view.

"Opposition to 'Dickie Peacock' trade mark rejected" AIPLB 25(6) Nov 2012 at 120 Click to view.

"Damages for breach of copyright – does the punishment fit the crime?" (2012) AIPLB May 2012 at 245 Click to view.

"Contracts and Restitution - Termination for Anticipatory Breach" (2011) 39 ABLR 362 Click to view.

“Contracts and Restitution” (2011) 39 ABLR136 Click to view.

“When is possession adverse” (2011) 85 ALJ71 Click to view.

“Termination for Breach of Contract” Mar-May 2009 CLQ 3 Click to view.

“Application of Victoria’s Proportionate Liability Regime to Settled Claims” BDPS News, Dec 2008 Click to view.

“No duty of care owed by draftsman to owner”BDPS News, June 2008 Click to view.

"Copying DVDs – is that legal?" AIPLB 15 (10) April 2003 Click to view.

“Patent Law Change – A New Grace Period”Australasian Biotechnology 13 (1) Feb/Mar 2003 Click to view.

Memberships

  • The Society of Construction Law
  • The Building Disputes Practitioner’s Society
  • The Commercial Bar Association of Victoria
  • The Tax Bar Association

Please click here for a link to my List G Barristers profile.

Liability limited by a scheme approved under Professional Standards legislation.

Formal Details 0

  • Admitted to Practice
    07 May 2001
  • First Signing Bar Roll
    18 November 2010
  • Qualifications
    LLM (Melb), LLB (Hons), B App Sc (Chem)

Areas of Speciality

  • Building & Construction
  • Corporations & Securities
  • Equity
  • Insolvency Law
  • Intellectual Property & Trade Practices