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Nicola McGrady

Senior Associate - Melbourne

Areas of Expertise

Dispute Resolution & Litigation

Expertise

Nicola advises and represents corporate and individual clients in complex commercial disputes. As a practitioner, Nicola draws on her extensive knowledge of relevant commercial law to develop strategies designed to protect and advance the rights and interests of her clients. Nicola has conducted matters in all relevant jurisdictions including the Federal Court of Australia and all Victorian Courts, including the Court of Appeal and Royal Commissions. 

Nicola’s relevant practice experience includes:

  • financial services
  • Corporations Law and insolvency
  • complex contractual disputes
  • Royal Commissions and government inquiries
  • property disputes 
  • consumer law
  • general commercial disputes

Nicola has substantial trial experience and a demonstrated ability to manage both large and small litigation matters. Nicola recognises the importance of identifying a client’s broader commercial needs and aims at the beginning of a matter, working with her clients to achieve those aims efficiently. This also allows Nicola to provide advice that is not purely reactive but includes a strategic approach to achieving the desired outcome.

Nicola's expertise has been recognised by clients and peers by being named as a Rising Star in the Australia wide 2019 Doyles Guide for Commercial Litigation, Dispute Resolution and Insolvency.

Experience

Royal Commission hearings

Since being admitted to practice in 2010, Nicola has been involved in a number of disputes for high-profile clients, and was part of the legal team acting for one of the five unions involved in the Royal Commission into Trade Union Governance and Corruption hearings. Nicola was involved in all aspects of preparation for the Royal Commission hearings, including the preparation of witnesses, witness statements and documentary evidence. Nicola was present for and instructed at the Royal Commission into Trade Union Governance and Corruption hearings before Mr Dyson Heydon.

Nicola was also a key member of the team acting in the union’s concurrent Federal Court proceedings against its former National Secretary, in respect of which the union was ultimately successful.

Other matters

Nicola has a keen interest in banking and finance matters, and was actively involved in the successful outcome of two multi-million dollar claims for monies owed to a global financial services group under a series of margin-loan agreements. Nicola has advised and acted in matters regarding the provision of financial planning advice, numerous insolvency disputes and has experience in matters of insolvent trading, unfair preference claims and the issuing of statutory demands. 

Nicola’s expertise also includes advising on complex contractual disputes, including contractual interpretation, and has successfully acted in a number of joint venture disputes, including two high-profile matters in the Supreme Court of Victoria. 

Nicola has a demonstrated ability to manage long and intricate dispute matters at trial, and had a key role in achieving a positive outcome for an individual client involved in ongoing litigation over a period of six years with respect to a series of family trusts and businesses.

Publications

27 June 2019 - Knowledge

Key case considers important trademark issues

#Dispute Resolution & Litigation

Trademarks are an important feature of many modern businesses, establishing a business’s presence in a market by assisting it to be recognisable to consumers in that market. The Trade Marks Act 1995 (Cth) (the Act) enables a person or business to protect, by way of registration, a sign that is used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person.

29 October 2018 - Knowledge

Decision confirms that shares can be transferred to third party without owner’s consent

#Dispute Resolution & Litigation

The NSW Supreme Court has handed down a decision approving an application by a deed administrator to transfer shares to a third party despite the absence of consent from the owners of the shares.

26 November 2013 - Knowledge

When the Meat Regulator comes knocking…

#Agribusiness

Many agribusinesses, both large and small, involved in the production or processing of meat for sale or consumption are subject to the control of their state based regulator...