Ms Raini Zambelli

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Raini specialises in complex insolvency, financial and cross-border disputes and has over 15 years' litigation experience in Australia and across multiple European jurisdictions, the Middle East, Asia, Russia and the Americas.  Before coming to the Bar, Raini practised as a solicitor with Pinsent Masons in London and with Lander & Rogers in Melbourne.

She holds a Masters of Law majoring in contentious insolvency and international arbitration, is a qualified and practising mediator and was dux of her year in ARITA’s Insolvency Education Program. She is admitted to the English Bar as a member of the Honourable Society of the Middle Temple.

Raini has conducted significant litigation involving large-scale corporate collapses in the Supreme Court of Victoria and in the High Court and the Court of Appeal of England and Wales. 

Raini is ranked as a 1st Tier Leader in the Field of Insolvency by Chambers & Partners 2017, and recognised for her technical excellence and client relationship skills.

She also has extensive experience in the financial services sector, having spent two years seconded as in-house counsel to Royal Sun Alliance and to the Royal Bank of Scotland.

Raini is a member of the Victorian Bar’s Alternative Dispute Resolution Committee, and is a monitor of the Commercial Bar Association’s Insolvency Section.  

Matters in which Raini has acted since coming to the Bar include:

Tasfoods Limited v Tasmanian Land Company Limited Appeal to the Court of Appeal from an injunction granted (then discharged) by Judd J restraining the sale of Australia’s largest dairy farm by the foreign owned Moonlake Investments Pty Ltd (led by David O’Callaghan QC, with Albert Dinelli).

Rebar Prefab Australia Pty Ltd (in liquidation) v Mesh & Bar Pty Ltd Defending the liquidators’ unfair preference proceedings in the Supreme Court of Victoria on the basis of enforceable Retention of Title securities and advising on rights under the Personal Property Securities Act 2009 (Cth) (led by Nicholas Pane QC).

Volunteer Fire Brigades Victoria v CFA [2016] VSC 573, Volunteer Fire Brigades Victoria v CFA (No. 2) [2016] VSC 613 Acting for the Country Fire Authority in proceedings seeking to restrain the approval of an enterprise bargaining agreement under the Fair Work Act 2009 (Cth) and interlocutory applications regarding discovery and privilege claims (led by Stephen Donaghue QC and Chris O’Grady QC, with Brendan Avallone and Olaf Ciolek).

Mair v Rhodes & Beckett Pty Ltd Shareholder oppression proceedings in the Supreme Court of Victoria including a claim for wrongful termination (led by Ian Upjohn QC, with Siobhan Kelly).

Complete Equipment Solutions Pty Ltd v Tesab Engineering Ltd [2016] VSC 253 Striking out an application to set aside a statutory demand for failure to serve on the address specified in the demand, failure to bring the application to the notice of the company’s responsible officer and failure to comply with the Service of Execution and Process Act 1992 (Cth).

United Petroleum Franchise Pty Ltd v Gold Fuels Pty Ltd [2016] VCC 292 Opposing a claim for indemnity costs against the unsuccessful defendant and its solicitors (with Adam Rollnik).

In the matter of Five Star United Food (Aust) Pty Ltd (R&M appointed) Public examinations in the Supreme Court of Victoria (led by Martin Scott QC).

Verdura v Cooper Real Estate Pty Ltd [2016] FCCA 1239 Application to set aside orders dismissing proceedings for failure to appear at the first return.

In the matter of Specialist Australian Security Group Pty Ltd (in liquidation) Shareholder oppression proceedings and a claim by the former voluntary administrators for remuneration approval in the Supreme Court of Victoria.

In the bankrupt estate of Andrew Leonard Dunner Defending the trustees’ proceedings against the bankrupt’s spouse for orders vesting matrimonial property in the bankrupt estate (with Oren Bigos).

MA Pty Ltd v MB Pty Ltd Proceedings brought by a second ranking mortgagee for distribution of the surplus following possession and recovery of the secured property, including orders seeking the taking of accounts.

GA Pty Ltd v JB Pty Ltd Advising in relation to the question of whether impugned transactions were made “by” the company for the purpose of the unfair preference provisions of the Corporations Act 2001 (Cth) including detailed advice on the application of Re Emanuel (No 14) Pty Ltd (in liq); Macks v Blacklaw & Shadforth Pty Ltd (1997) 147 ALR 281 and Sheahan v Carrier Air Conditioning Pty Ltd & Campbell (1997) 189 CLR 407.

In the matter of PA Pty Ltd Advising a boutique dairy food producer in regarding its entitlement to continuous milk supply under dairy supply agreements.

Advice in professional negligence matters, including:

 - on remedies available against multiple advisors following the collapse of a major Managed Investment Scheme;

- against a homeowner’s former solicitor for loss of title and failure to register the property in her name; and

- for a director in relation to claims against his former solicitors and counsel for advice received prior to the collapse of a major r&d enterprise, and advice on action against the liquidator subsequently appointed.

A selection of reported matters follow in which Raini has appeared or instructed in the Supreme Court of Victoria, the Federal Court of Australia and the High Court of England and Wales as a solicitor advocate prior to joining the Bar.

In addition to these reported cases, Raini has extensive experience in international arbitration under LCIA, ICC and ad-hoc rules, including actions in Australia, Europe, the Middle East and the United States of America for the enforcement and resistance of arbitral awards.

Marme Inversiones 2007 S.L. v The Royal Bank of Scotland Plc [2015] EWHC 174 (Comm) Application for security for costs against the plaintiff (in voluntary administration).

Marme Inversiones 2007 S.L. v The Royal Bank of Scotland Plc [2015] EWHC 173 (Comm) Application seeking early disclosure of documents exchanged between RBS and the European commission in relation to LIBOR rigging brought by Marme in relation to its purchase of Santander’s headquarters and the GBP1.1bn loan, hedging and interest rate swap arrangements with the bank facilitating the acquisition.

McGraw-Hill International (UK) Ltd v Deutsche Apotheker -Und Arztebank EG & Ors [2014] EWHC 2436 (Comm) An application seeking a declaration the courts of England and Wales lacked jurisdiction to hear the claim pursuant to part 11 of the Civil Procedure Rules 1998 (UK) in relation to specialised credit derivatives (Constant Proportion Debt Obligations) positively rated AAA by Standard & Poors.  The matter was also litigated in the Netherlands and concerned similar claims to those brought in Australia in Bathurst Regional Council v Local Government Financial Services Pty Ltd (No 5) [2012] FCA 1200.

Aeroflot-Russian Airlines & Ors v Gudavadze & Ors [2014] EWCA Civ 431 (CoA), Aeroflot v Berezovsky [2013] EWHC 4348 (Ch) Wood v Gorbunova & Ors [2013] EWHC 1935 (Ch), Aeroflot-Russian Airlines & Anor v Berezovskaya & Anor [2014] EWHC 70 (Ch), [2014] EWCA Civ 20 (Ch), [2013] EWCA Civ 784, [2013] EWHC 1209 (Ch), [2013] EWHC 1210 (Ch), [2012] EWHC 3017 (Ch), [2012] EWHC 1610 (Ch) Proceedings in the High Court, and on appeal to the Court of Appeal in relation to Aeroflot’s claims against the late Boris Berezovsky, and his estate following the appointment of Grant Thornton as receivers of the deceased estate and subsequent declaration of insolvency.

Lombard North Central Plc & Anor v GATX Corporation [2012] EWHC 1067 (Comm) An application under section 67 of the Arbitration Act 1996 (UK) to challenge an award rendered by an arbitral panel appointed pursuant to LCIA rules on the basis it lacked substantive jurisdiction in a dispute regarding a train leasing agreement. 

AssetCo Plc v Shannon [2011] EWHC 816 (Ch) Application for an injunction to compel AssetCo’s CEO to vote in favour of a GBP16m equity placement pursuant to an alleged promise.

4Eng Ltd v Harper & Ors [2009] EWHC 2633 (Ch) An application under section 423 of the Insolvency Act 1986 (UK) to set aside certain transactions entered into by the defendant transferring property owned by him to his wife to evade creditors, including further application before the High Court of England & Wales to vary freezing orders obtained over the defendant’s assets.

Ansett Australia Ltd v Malaysian Airline System Berhad (2008) 217 FLR 376, Ansett Australia Ltd v Malaysian Airline System Berhad (No 2) [2008] VSC 156 Claims by Ansett’s administrators seeking recovery of amounts cleared through the International Airline Transport Authority’s clearing house for Malaysia Airlines’ carriage of cargo and passengers on behalf of Ansett Airlines prior to its collapse. 

BearingPoint Australia Pty Ltd v Hillard [2008] VSC 115 Expedited trial of an action brought by BearingPoint against its former Managing Director of Information Management arising from his move as part of Deloitte’s hostile take-over of BearingPoint’s Australian operations in which the MD’s post-employment restraints were declared invalid.

TNT Australia Pty Ltd v CMW Design & Construct Pty Ltd [2007] VSC 228 $80million claim for rectification costs relating to the failure of reinforced concrete slab foundations at TNT’s Altona distribution centre, including cross claims against the architects, project managers and concrete engineers.

State of Victoria v Ahn [2007] FMCA 1965 Contested sequestration order against a builder in respect of a liability owed to the Victorian Managed Insurance Authority following the collapse of HIH pursuant to the House Contracts Guarantee Act 1987 (Vic).

D'Souza v Pattison [2007] FMCA 116 Defending an application for removal of Bankrupt’s Trustee and subsequent recovery of assets transferred to the Bankrupt’s spouse during the relation back period.

Bunnings Group Limited v Laminex Group Limited (2006) 230 ALR 269 Claim against the manufacturer of defective reflective foil insulation installed in 41 Bunnings Warehouses throughout Australia.  The case remains leading authority on the question of whether goods are “of a kind ordinarily acquired for personal, domestic or household use or consumption” for the purpose of the Australian Consumer Law.

Tapoohi v Lewenberg (No 2) [2003] VSC 410 Leading authority on the question of mediators' liability, in this case following a late night settlement under alleged pressure resulting in terms of settlement which over looked capital gains tax consequences thus creating a multi million dollar liability for a party to the original dispute.  Proceedings on instructions from the Legal Practitioners Liability Committee against the party’s solicitor in which counsel and the mediator were joined (and failed to have the case dismissed on a strike out application).

 

Click here to view Raini's List A profile and detailed curriculum vitae


Victorian Bar Associations

  • Commercial Bar Association
  • Monitor - Commercial Bar Association - Insolvency
  • Women Barristers' Association

Professional Memberships

  • The Law Council of Australia
  • INSOL International (the International Association of Restructuring, Insolvency and Bankruptcy Professionals)
  • WIRV (Women in Insolvency and Restructuring Victoria - formerly IWIRC)

 

Liability limited by a scheme approved under Professional Standards legislation.

Formal Details 0

  • Admitted to Practice
    28 April 2003
  • First Signing Bar Roll
    22 October 2015
  • Qualifications
    BA, LLB, LLM

Areas of Speciality

  • Arbitration & ADR
  • Banking & Finance
  • Civil Procedure
  • Competition & Consumer Law
  • Corporations & Securities
  • Insolvency Law
  • Insurance & Professional Negligence
  • International Law

Areas of Mediation

  • Arbitration & ADR
  • Banking & Finance
  • Civil Procedure
  • Competition & Consumer Law
  • Corporations & Securities
  • Insolvency Law
  • Insurance & Professional Negligence
  • International Law