Nunzio Lucarelli KC
Nunzio has practised as a barrister in large, complex commercial litigation for 35 years. He has been a King’s Counsel for 21 years. He focuses on commercial law, corporations law, international commercial arbitration, property law and equity, international law, torts, insolvency and administrative law. Nunzio is a Fellow of the Chartered Institute of Arbitrators and is a nationally-accredited mediator. In addition to being a member of the Victorian Bar, Nunzio is also a member of the Western Australian Bar. He holds chambers in Francis Burt Chambers in Perth, WA. Nunzio appears in international commercial arbitrations and frequently acts as a mediator in a wide range of matters.
Nunzio is experienced in all facets of trial and appellate advocacy in the Supreme Court of Victoria, the Supreme Court of Western Australia, the Supreme Courts of other States, the Federal Court of Australia, the High Court of Australia and in international commercial arbitrations. Nunzio has also acted for clients in Italy, Singapore, Japan and the United States.
Before coming to the Bar, Nunzio was Associate to the Hon. Justice Woodward of the Federal Court. Prior to this, he was a solicitor at Arthur Robinson & Co. (now Allens), practising in corporate reconstructions and takeovers.
To view the curriculum vitae of Nunzio Lucarelli KC please click here.
*Liability limited by a scheme approved under Professional Standards legislation
Areas of Practice
Cases
- Mongoo v Fiduciary Administration Services Pty Ltd (No 2) [2020] WASC 182
- Scalzo v Openpay Pty Ltd (2019 – 2020) (share allocation agreement, employment terms)
- Zhou & Anor v Cullia & Ors (2019)
- United Lifts Pty Ltd v Motion Elevators Pty Ltd (2018)
- Form 700 (NSW) Pty Ltd v Probuild Constructions (Aust) Pty Ltd (2018) (construction contracts, injunction)
- Middendorp Electric Co Pty Ltd v Garrisson & Ors [2017] VSC
- Mazzacca v S&I Enterprise Pty Ltd (2015 to 2017)
- Rabobank Australia Limited & Ors v Littore & Ors [2016] VSC 673
- Fazio Richards Pty Ltd & ors v Ibis Way Pty Ltd & ors (2016)
- Naumovski v Ugrinovski (2015)
- Wiggins Island Coal Export Terminal Pty Ltd v Monadelphous Engineering Pty Ltd, Muhibbah Construction Pty Ltd, Monadelphous Group Limited (2015)
- Guardian Storage Holdings Pty Ltd v Bryan Thomas, Stephen Kip, and Emily Mudge (sitting as the Building Appeals Board) (2014 to 2015)
- Mercier Rouse Street Pty Ltd v Paul Andrew Burness (in his capacity as liquidator of Zinc Port Melbourne Pty Ltd (in liq)) (2014) (trusts and joint venture agreements)
- DPP v Galloway [2014] VSCA 272
- Perfection Fresh Australia Pty Ltd & Ors v Melbourne Market Authority [2013] VSC 287
- Australia Securities Investments Commission v Goddard & ors (2013 to 2016)
Publications
- Nunzio Lucarelli KC – “The mortgagee’s power to appoint a receiver: does the power extend to an appointment to a natural person and, if so, what is the extent of the power?” 15 November 2023
- Nunzio Lucarelli KC – “Are You and Your Clients Ready? Unfair Contract Terms Turn into Pecuniary Penalties” 23 October 2023
- Nunzio Lucarelli KC – “Solicitors’ Duties as to the Preparation of Expert Reports: Recent Developments” 25 July 2023
- Nunzio Lucarelli KC – “Assignment of Causes of Action: Billabong Gold Pty Ltd v Vango Mining Ltd [No 2] [2023] WASCA 58″ 25 July 2023
- Nunzio Lucarelli KC – “Recent Developments in the Mortgagee’s Duties in Exercising a Power of Sale” 7 June 2023
- Nunzio Lucarelli KC – “Insolvency: Recent Developments in the Law of Unfair Preferences. The Recent Decisions of the High Court in Metal Manufacturers Pty Ltd v Morton and Bryant v Badenoch Integrated Logging Pty Ltd” 28 March 2023
- Nunzio Lucarelli KC – “Privacy Law: Data Breaches and Director’s Duties” 13 February 2023
- Nunzio Lucarelli KC – “A Refresher on the Law of Trusts: A Discussion Paper” 13 February 2023
- Nunzio Lucarelli KC – “Beneficiary Litigation for Breach of Trust (Paper also published)” 11 October 2022
- Nunzio Lucarelli KC – “The Principles of Pleadings: The Supreme Court of Western Australia; Statement of Claim: Simon the Likeable v Kaos Systems Pty Ltd” 31 August 2022
- Nunzio Lucarelli KC – “The New Commercial Morality – The Boundaries of the Law of Unconscionable Conduct in Australia after Stubbings v Jams 2 Pty Ltd” 29 April 2022
- Nunzio Lucarelli KC – “Breach of Directors’ Duties and Oppression Actions” 5 June 2020
- Nunzio Lucarelli KC – “The date for the assessment of damages for breach of contract” October 2020
- Nunzio Lucarelli KC – “The impact of COVID-19 on commercial leases in Victoria” September 2020
- Nunzio Lucarelli KC – “The impact of COVID-19 on commercial leases in Victoria” September 2020
- Nunzio Lucarelli KC – “Statutory unconscionable conduct after ASIC v Kobelt” October 2019
- Nunzio Lucarelli KC – “Equitable remedies for commercial transactions outside of contract” October 2018
- Nunzio Lucarelli KC – “Setting aside commercial arbitration awards for procedural unfairness under the Commercial Arbitration Act (2012) (WA)” June 2018
- Nunzio Lucarelli KC – “Mediations in Commercial Litigation: The Legislative and Common Law Framework for Legal Practitioners and Mediators” May 2017
- Nunzio Lucarelli KC – “The New Commercial Morality: The Boundaries of Unconscionable Conduct Under Section 21 of the Australian Consumer Law” – 2015
- Nunzio Lucarelli KC – “Opinion Evidence in Victoria: admissibility and the effects of the overarching obligations on experts” 2011.
- Nunzio Lucarelli KC – “The development of unconscionable conduct under Part IVA of the Trade Practices Act 1974 (Cth)” 2008.
- Nunzio Lucarelli KC – “Contempt of Court: breach of the implied undertaking” 2007 (published in the Tasmanian Law Society Journal).
- Nunzio Lucarelli KC – “Making the most of equitable remedies in litigation” August 2006.
- Nunzio Lucarelli KC – “Maintenance and Champerty and recent developments in litigation funding” – June 2004.
QUALIFICATIONS
BA, LLB (Hons)
MEMBERSHIPS & ASSOCIATIONS
Member of the West Australian Bar;
Chartered Institute of Arbitrators – Fellow
Law Council of Australia - Member, Reconstruction and Insolvency Committee - Business Law Section (1998 to present);
Graduate of the Australian Institute of Company Directors, 2015;
Chair, Commercial Bar Association, Insolvency Law Section, 2000 - 2012
Nunzio Lucarelli KC
Profile
Nunzio has practised as a barrister in large, complex commercial litigation for 35 years. He has been a King’s Counsel for 21 years. He focuses on commercial law, corporations law, international commercial arbitration, property law and equity, international law, torts, insolvency and administrative law. Nunzio is a Fellow of the Chartered Institute of Arbitrators and is a nationally-accredited mediator. In addition to being a member of the Victorian Bar, Nunzio is also a member of the Western Australian Bar. He holds chambers in Francis Burt Chambers in Perth, WA. Nunzio appears in international commercial arbitrations and frequently acts as a mediator in a wide range of matters.
Nunzio is experienced in all facets of trial and appellate advocacy in the Supreme Court of Victoria, the Supreme Court of Western Australia, the Supreme Courts of other States, the Federal Court of Australia, the High Court of Australia and in international commercial arbitrations. Nunzio has also acted for clients in Italy, Singapore, Japan and the United States.
Before coming to the Bar, Nunzio was Associate to the Hon. Justice Woodward of the Federal Court. Prior to this, he was a solicitor at Arthur Robinson & Co. (now Allens), practising in corporate reconstructions and takeovers.
To view the curriculum vitae of Nunzio Lucarelli KC please click here.
*Liability limited by a scheme approved under Professional Standards legislation
Areas of Practice
Cases
- Mongoo v Fiduciary Administration Services Pty Ltd (No 2) [2020] WASC 182
- Scalzo v Openpay Pty Ltd (2019 – 2020) (share allocation agreement, employment terms)
- Zhou & Anor v Cullia & Ors (2019)
- United Lifts Pty Ltd v Motion Elevators Pty Ltd (2018)
- Form 700 (NSW) Pty Ltd v Probuild Constructions (Aust) Pty Ltd (2018) (construction contracts, injunction)
- Middendorp Electric Co Pty Ltd v Garrisson & Ors [2017] VSC
- Mazzacca v S&I Enterprise Pty Ltd (2015 to 2017)
- Rabobank Australia Limited & Ors v Littore & Ors [2016] VSC 673
- Fazio Richards Pty Ltd & ors v Ibis Way Pty Ltd & ors (2016)
- Naumovski v Ugrinovski (2015)
- Wiggins Island Coal Export Terminal Pty Ltd v Monadelphous Engineering Pty Ltd, Muhibbah Construction Pty Ltd, Monadelphous Group Limited (2015)
- Guardian Storage Holdings Pty Ltd v Bryan Thomas, Stephen Kip, and Emily Mudge (sitting as the Building Appeals Board) (2014 to 2015)
- Mercier Rouse Street Pty Ltd v Paul Andrew Burness (in his capacity as liquidator of Zinc Port Melbourne Pty Ltd (in liq)) (2014) (trusts and joint venture agreements)
- DPP v Galloway [2014] VSCA 272
- Perfection Fresh Australia Pty Ltd & Ors v Melbourne Market Authority [2013] VSC 287
- Australia Securities Investments Commission v Goddard & ors (2013 to 2016)
Publication
- Nunzio Lucarelli KC – “The mortgagee’s power to appoint a receiver: does the power extend to an appointment to a natural person and, if so, what is the extent of the power?” 15 November 2023
- Nunzio Lucarelli KC – “Are You and Your Clients Ready? Unfair Contract Terms Turn into Pecuniary Penalties” 23 October 2023
- Nunzio Lucarelli KC – “Solicitors’ Duties as to the Preparation of Expert Reports: Recent Developments” 25 July 2023
- Nunzio Lucarelli KC – “Assignment of Causes of Action: Billabong Gold Pty Ltd v Vango Mining Ltd [No 2] [2023] WASCA 58″ 25 July 2023
- Nunzio Lucarelli KC – “Recent Developments in the Mortgagee’s Duties in Exercising a Power of Sale” 7 June 2023
- Nunzio Lucarelli KC – “Insolvency: Recent Developments in the Law of Unfair Preferences. The Recent Decisions of the High Court in Metal Manufacturers Pty Ltd v Morton and Bryant v Badenoch Integrated Logging Pty Ltd” 28 March 2023
- Nunzio Lucarelli KC – “Privacy Law: Data Breaches and Director’s Duties” 13 February 2023
- Nunzio Lucarelli KC – “A Refresher on the Law of Trusts: A Discussion Paper” 13 February 2023
- Nunzio Lucarelli KC – “Beneficiary Litigation for Breach of Trust (Paper also published)” 11 October 2022
- Nunzio Lucarelli KC – “The Principles of Pleadings: The Supreme Court of Western Australia; Statement of Claim: Simon the Likeable v Kaos Systems Pty Ltd” 31 August 2022
- Nunzio Lucarelli KC – “The New Commercial Morality – The Boundaries of the Law of Unconscionable Conduct in Australia after Stubbings v Jams 2 Pty Ltd” 29 April 2022
- Nunzio Lucarelli KC – “Breach of Directors’ Duties and Oppression Actions” 5 June 2020
- Nunzio Lucarelli KC – “The date for the assessment of damages for breach of contract” October 2020
- Nunzio Lucarelli KC – “The impact of COVID-19 on commercial leases in Victoria” September 2020
- Nunzio Lucarelli KC – “The impact of COVID-19 on commercial leases in Victoria” September 2020
- Nunzio Lucarelli KC – “Statutory unconscionable conduct after ASIC v Kobelt” October 2019
- Nunzio Lucarelli KC – “Equitable remedies for commercial transactions outside of contract” October 2018
- Nunzio Lucarelli KC – “Setting aside commercial arbitration awards for procedural unfairness under the Commercial Arbitration Act (2012) (WA)” June 2018
- Nunzio Lucarelli KC – “Mediations in Commercial Litigation: The Legislative and Common Law Framework for Legal Practitioners and Mediators” May 2017
- Nunzio Lucarelli KC – “The New Commercial Morality: The Boundaries of Unconscionable Conduct Under Section 21 of the Australian Consumer Law” – 2015
- Nunzio Lucarelli KC – “Opinion Evidence in Victoria: admissibility and the effects of the overarching obligations on experts” 2011.
- Nunzio Lucarelli KC – “The development of unconscionable conduct under Part IVA of the Trade Practices Act 1974 (Cth)” 2008.
- Nunzio Lucarelli KC – “Contempt of Court: breach of the implied undertaking” 2007 (published in the Tasmanian Law Society Journal).
- Nunzio Lucarelli KC – “Making the most of equitable remedies in litigation” August 2006.
- Nunzio Lucarelli KC – “Maintenance and Champerty and recent developments in litigation funding” – June 2004.
Qualifications & Memberships
QUALIFICATIONS
BA, LLB (Hons)
MEMBERSHIPS & ASSOCIATIONS
Member of the West Australian Bar;
Chartered Institute of Arbitrators – Fellow
Law Council of Australia - Member, Reconstruction and Insolvency Committee - Business Law Section (1998 to present);
Graduate of the Australian Institute of Company Directors, 2015;
Chair, Commercial Bar Association, Insolvency Law Section, 2000 - 2012