Ari Katsoulas
Barrister
Ari was called to the Bar in 2014 and specialises in Commercial, Equity & Estate disputes and litigation. He has been named in the Doyles Guide as a leading New South Wales Wills & Estate Litigation Junior Counsel.
Select Cases
Published judgments include:
Appeared for the successful plainitff in a family provision claim - dispute as to eligibility (de facto)
Appeared for the plaintiff in a family provision claim (adult child) - consideration of "special circumstances" for out of time notional estate claims
Appeared for the successful Defendants resisting a claim in proprietary estoppel - promise to buy a house
Appeared for 5 successful plaintiffs (and one unsuccessful) in a misleading and deceptive conduct claim based on oral representations in connection with a large residential apartment development – judgment of approximately $3,000,000. (And appeared as junior counsel for the successful Respondents on appeal in Lin v Zheng [2023] NSWCA 174)
Appeared led for the successful respondent on an appeal concerning knowing assistance of breach of director duties and fiduciary duties.
Appeared for the (initially unsuccessful) plaintiffs in a building and construction case - estoppel in commercial contracts. The first instance decision was overtuned on appeal in favour of my clients ([2022] NSWCA 269) and special leave refused by the High Court of Australia ([2023] HCATrans 102)
Appeared for the successful Defendant resisting a claim against her for approximately $35million arising from knowing assistance to a breach of director duties/fiduciary dutiesas part of a dishonest and fraudulent design.
Appeared for the successful plainitff in winding up application
Appeared for the successful plaintiff - application for possession of human reproductive tissue and ancilliary orders.
Admissibility of transcripts obtained of compulsory ATO interviews pursuant to s 353-10 of the Taxation Administration Act 1953 (Cth).
Resisting application for security for costs where it is alleged that the Plaintiff’s impecuniosity resulted from the breach of duty and misappropriation of the defendants.
Summons by Mortgagee to remove caveat – prima facie priority dispute.
Proceedings concerning personal property rights in human tissue.
Application to Set Aside Default Judgment after final hearing of substantive matter against other defendants.
Interest under the Insurance Contracts Act 1984 (Cth).
Payment of Funds out of Court to Equitable Mortgagee/Chargee.
Security for Costs.
The leading authority in New South Wales on Personal Property Rights in Human Tissue and Gametes.
Appeared for the successful Respondent in the New South Wales Court of Appeal – a leading authority on “dependency” in family provision claims.
Declarations of Trust – Replacement of Trustees
Acted for the independent Administrator.
Summary judgment application
Urgent Relief -Personal Property Rights in Human Tissue.
Appointment of Provisional Liquidator in Shareholder Oppression Case.
Security for Costs.
Acted for the successful defendant in proceedings to set aside Statutory Demand.
Redemption of Mortgage.
Cross vesting Application from Supreme Court to Family Court.
Proprietary Estoppel and Encroachment of Building Act.
Admissions
- Admitted to the Bar (New South Wales) in 2014.
Professional Memberships
- Member, New South Wales Bar Association
- Member, Commercial Law Association of Australia
- Member, Bar Association of Queensland
- JADE Expert Panel, Consumer Protection Law
Qualifications
- Bachelor of Arts, Macquarie University
- Bachelor of Laws, Macquarie University
Speaking Engagements
- Preparing and Defending Family Provisions Claims: A Practical Guide for Practitioners Succession Law Confence March 2024
- Contentious Probate Proceedings & The Role of the Will Drafting Solicitor: Testamentary Capacity – Paper Delivered at the Succession Law Conference: March 2023
- Probate Disputes: Testamentary Capacity, Knowledge and Approval and Undue Influence Paper delivered at the Langham Legal Seminar: November 2021
- Director Duties in Statute and Equity: Recent Cases Paper delivered at the Langham Legal Seminar: November 2021
- Family Provisions Claims in New South Wales: An Overview Paper delivered to the Langham Legal Seminar: June 2015
- Preliminary Discovery for Online Piracy: Dallas Buyers Club LLC v iiNet Limited [2015] FCA 317 (2015) Paper delivered to the Langham Legal Seminar: April 2015
- Additional Damages for Infringement – Section 126(2) of the Trade Marks Act 1995 (Cth) Paper delivered to the Langham Legal Seminar: June 2015
- Discrimination, Harassment and Professional Responsibility Paper delivered at The Tilbury Group Legal Seminar, 2015 – 2019.
- Ari also publishes legal articles, posts and CPDs at his website.