Faten Awad

Faten Awad is a commercial litigator with 20 years of experience across private practice and in-house roles.

Biography

Her experience includes 12 years in private practice and 8 years in-house.

She has a strong track record acting for corporations, private companies, property developers and investors, and individuals in commercial disputes in the Supreme Court of Victoria, Federal Court, VCAT and other Australian jurisdictions.

Her in-house experience gives her a direct understanding of how commercial decisions are made and how litigation strategy, cost and resolution are assessed from within a business.

Faten’s particular areas of expertise include:

• General commercial and contract disputes
• Corporate governance, partnerships and business disputes
• Property and leasing disputes
• Building and construction disputes (domestic and commercial), including property damage claims
• Wills and estates litigation
• Debt recovery

EXAMPLES OF WORK – FEDERAL JURISDICTION

• Patent-related proceedings and third-party objections to discovery in ACCC enforcement litigation, including ACCC v Australian Egg Corporation Ltd & Ors.
• Family law proceedings, including divorce applications, contested property and parenting disputes, and subpoena objections.

EXAMPLES OF WORK – SUPREME COURT AND COURT OF APPEAL

• Property recovery and defective building works claims.
• Complex civil and commercial litigation, including applications for leave to proceed against companies in liquidation.
• Trust, estate and property disputes, including opposing Order 54 applications, removal of trustees for breach of trust, rectification of wills, fraud and conspiracy claims, and warrant of seizure and sale matters.
• Historical abuse claims.
• Conversion, detinue, loan agreement, mortgagee in possession and debt recovery proceedings.
• Appeals from VCAT in planning and property matters, including acting for the permit applicants in Iuele v Melton City Council.
• Court of Appeal proceedings concerning trustee duties and costs, including Wales & Ors v Wales & Ors [2014] VSCA 101, Wales v Wales [2015] VSCA 345, Wales v Wales (No 2) [2015] VSCA 365, and Talacko v Talacko.

EXAMPLES OF WORK – COUNTY COURT OF VICTORIA

• Property recovery claims arising from defective building and plumbing works, against private contractors and builders.
• Historical abuse claims.
• Property and constructive trust disputes, including Florence v Powell & Powell.
• Property disputes under the Relationships Act 2008 (Vic).

EXAMPLES OF WORK – MAGISTRATES’ COURT OF VICTORIA

• Debt recovery and breach of contract claims, including default judgment applications, oral examinations, warrants of seizure and sale, and pre-hearing conferences.
• Traffic offence matters, including negotiations with informants and police prosecutors, mentions and plea hearings.
• Commercial litigation and regulatory advice for an import/export business, including debt recovery and compliance requirements for imported food products.

EXAMPLES OF WORK – VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

• Domestic Building List claims for both property owners and builders, including directions hearings, mediations and final hearings.
• Water disputes arising from the unreasonable flow of water under the Water Act 1989 (Vic), including a strategic project involving more than 18 related matters.
• Residential Tenancies List and Guardianship List matters, including Alphonso v P & J M De Leo Pty Ltd and Application by Bunderla.
• Human Rights List (formerly Anti-Discrimination List) proceedings, including acting for the successful applicant in the sexual harassment claim GLS v PLP [2013] VCAT 221.