CRAIG WILKINS KC

• Appellate
• Banking
• Commercial
• Corporate Insolvency & Bankruptcy
• Corporations
• Land Law & Property

• Call: 2000
• Silk: 2022

• Bachelor of Laws, with Honours, University of Queensland (1985 to 1988)

Barrister:

• Bracton Chambers (2001 to 2009)
• Level 10, Inns of Court (2009 to present)

Solicitor:

• Senior Associate at Clayton Utz (1993 to 2000)

Directorships

• Board member of Barristers Chambers Ltd (September 2018 – )

• Doyle’s Guide to the Australian Legal Profession – Leading Commercial Litigation & Dispute Resolution Senior Counsel – Queensland (2024)
• Doyle's Guide to the Australian Legal Profession – Leading Insolvency & Reconstruction Senior Counsel – Queensland (2023, 2024)
• Doyle’s Guide to the Australian Legal Profession – Leading Insolvency & Reconstruction Junior Counsel – Queensland (2012, 2013, 2016, 2017, 2018, 2019, 2020, 2021 and 2022)
• Doyle’s Guide to the Australian Legal Profession – Leading Insolvency & Reconstruction Junior Counsel – Australia (2019, 2020, 2021 and 2022)
• Doyle’s Guide to the Australian Legal Profession – Leading Commercial Litigation & Dispute Resolution Junior Counsel – Queensland (2016, 2017, 2018, 2019, 2020, 2021 and 2022)
• Doyle's Guide to the Australian Legal Profession – Leading Commercial Litigation & Dispute Resolution Junior Counsel - Australia (2021 and 2022)

• In 2009 he conducted a public examination for the liquidators of Storm Financial Limited into the affairs of that company
• From early 2012 he acted for the special purpose liquidator of Octaviar Limited in a preference claim against Fortress Credit Corporation (Australia) II Pty Ltd (the claim was settled shortly before trial, in April 2015, for a payment by Fortress of $12.35 million)
• Since 2010 he has acted in more than forty District and Supreme Court claims of negligence against financial planners, most of which have been successfully resolved by mediation
• In 2019 he conducted a 22 day public examination in the Federal Court for the liquidators of the J.M. Kelly Builders group of companies (leading Mr Psaltis of Counsel in the examinations which were held in Sydney)
• In 2020 and 2021 he acted for a financial services licensee defendant in a class action (led by Mr Crowe QC)

• ACCC v World Netsafe Pty Ltd (2003) 127 FCR 542; (2003) 133 FCR 279 (contempt)
• ASIC v Edwards (2004) 22 ACLC 1469 (corporations; winding up)
• Barton v Atlantic 3 Financial (Australia) Pty Ltd (2004) 212 ALR 348 (corporations; set-off)
• Ensham Coal Sales Pty Ltd v Electric Power Development Co Ltd [2005] QSC 236 (pleadings; striking out) (led by Mr Webb SC)
• ASIC v Green Pacific Energy Ltd (2006) 59 ACSR 142 (corporations; winding up; corporate governance)
• Lang Parade Pty Ltd v Peluso [2006] 1 Qd.R 42 (real property; statutory rights of user) (led by Mr Stewart SC)
• Sunnyville Pty Ltd v ADIG (Australia Development & Investment Group) Pty Ltd (in liq) [2006] QSC 249 (equitable liens) (led by Mr Bain QC)
• AMCI Investments Pty Ltd v Rio Doce Australia Pty Ltd [2008] QCA 387 (contracts) (led by Mr Gotterson QC, as his Honour then was)
• DCT v PM Developments Pty Ltd (2008) 173 FCR 247 (tax; insolvency) (led by Mr Stewart SC)
• Jadewell Pty Ltd v Shelley [2008] QSC 336 (contracts; joint ventures) (led by Mr Savage SC)
• Gold Coast Commerce Club Inc v Body Corporate for Surfers Plaza Resort [2008] QSC 323; [2009] QCA 238 (leases; recovery of possession of land; views) (led by Mr Morris QC)
• Maclag (No. 11) Pty Ltd v Chantay Too Pty Ltd [2010] QSC 299; [2010] QSC 396 (partnership dispute) (led by Mr Savage SC)
• Northbuild Construction Pty Ltd v Discovery Beach Project Pty Ltd [2011] QSC 174 (issue estoppel; arbitration) (led by Mr Savage SC)
• Anglo Coal (Dawson Management) Pty Ltd v Greig [2011] FCA 941 (pre-action discovery)
• Northbuild Construction Pty Ltd v Discovery Beach Project Pty Ltd (No. 4) [2011] 1 Qd.R 145 (discovery; implied undertaking) (led by Mr Savage SC)
• Street v Ladini [2012] QSC 9 (contracts; option to purchase real property; unconscionability)
• Re ACN 103 753 484 Pty Ltd (in liq), formerly Blue Chip Development Corp Pty Ltd [2012] 2 Qd R 504 (disclaimer by liquidators of an agreement to arbitrate) (led by Mr Savage SC)
• Chan v First Strategic Development Corp Ltd (in liq) [2015] QCA 28 (insolvent trading; whether company insolvent) (led by Mr Martin QC)
• Jenkins v Bourke [2015] QDC 249 (contract; identity of contracting parties; admissibility of extrinsic evidence)
• Re Octaviar Ltd (in liq) [2015] NSWSC 1621; (2015) 110 ACSR 72 (litigation funding agreement; application for directions by special purpose liquidator) (led by Mr Sheahan QC)
• Bank of Queensland Ltd v Ross Auto Auctions Pty Ltd (in liq) (recs and mgrs apptd) [2015] QSC 347 (removal of liquidator for reasonable apprehension of bias)
• Re Octaviar Ltd (in liq) [2016] NSWSC 16 (applications for directions by liquidators) (led by Mr Sheahan QC)
• Re Octaviar Administration Pty Ltd (in liq) [2017] NSWSC 1556 (directions sought by liquidators to settle claims between companies in group) (led by Mr Oakes SC)
• Khatri and Lane v McDonald [2018] FCA 543 (bankruptcy; transfers void as against trustees)
• Longley v Chief Executive, Department of Environment and Heritage Protection [2018] 3 Qd R 459 (disclaimer of contaminated land by liquidators; whether s.109 inconsistency with State legislation is avoided; admissions by State government and DEHP) (led by Mr Walker SC)
• Huda v Huda and Laham (2018) FLC 93-837; (2018) 58 Fam LR 387 (procedural unfairness; excessive interventions by the primary judge)
• McDonald v AMP Financial Planning Pty Ltd (2018) 129 ACSR 605 (financial services; right of licensee to terminate authorised representative for contraventions of the Corporations Act) (led by Mr Dunning QC)
• Bendigo and Adelaide Bank Ltd v Boothbuck International Pty Ltd [2019] QSC 153 (correction of freehold land register following registration of a transfer which was void and of no effect) (leading Mr Ferraro of Counsel)
• Queensland Quarry Group Pty Ltd (in liq) v Cosgrove [2019] QCA 220 (appeal from erroneous decision of a District Court judge concerning defence in claim by liquidator to recover preferences)
• Re Kerr (2019) 139 ACSR 192 (application for judicial advice by SPL) (led by Mr Leopold SC)
• Ruby Apartments Pty Ltd (in liq) v Ralan Paradise No.1 Pty Ltd [2020] 149 ACSR 205 (deemed service)
• Re Octaviar Ltd [2020] QSC 353 (judicial advice; compromise of substantial and complex claims between companies in liquidation) (led by Mr McKenna QC)
• JM Kelly Builders Pty Ltd (in liq) v Milton [2021] QSC 59 (formulation of claims for damages for professional negligence) (leading Mr Psaltis of Counsel)
• Manicaros v Commercial Images (Aust) Pty Ltd (2022) 10 QR 695 (costs against objector to liquidator's application for remuneration determination)

• Re Weststate Consortium Pty Ltd (in liq) [2023] FCA 458, [2023] FCA 775, [2023] FCA 1431 (applications to discharge examination summonses, costs, and leave to appeal)
• Re Westlink Pty Ltd (recs apptd) [2023] FCA 893 (application to discharge an examination summons)
• Manicaros v Commercial Images (Aust) Pty Ltd (in liq) [2024] QCA 40 (limitation periods, acknowledgment of debts)

• Bar Association of Queensland
• Bar Association of New South Wales
• Australian Restructuring Insolvency & Turnaround Association - Professional Member (following having been exempted by the board of ARITA under clause 6.4(d) of its Constitution from having to satisfy the prescribed eligibility criteria in view of demonstrated standing in the profession)

“A Pretty Unattractive Outcome” – Presented at North Queensland Law Association Conference (2017).

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