Nola Pearce

Acting (with James Bell KC) for a barrister at the suit of the Legal Services Commissioner in a case that received significant attention within the profession.  By the making of appropriate concessions, successfully obtaining orders for costs payable by the LSC and also for anonymity.

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Acting (with Paul McQuade KC) for the successful respondent to an appeal to the QCA from a decision of a trial justice of the Supreme Court.  The issues on appeal concerned the trial judge’s refusal to wind up an incorporated association on the just and equitable ground.  Nola also acted and appeared unled in the applications for stay of the judgment at first instance (successfully resisted) and security for costs of the appeal (successfully obtained).

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Representing a major insurer in the Federal Court (with John McKenna KC) in proceedings brought by ASIC for alleged breach of section 13 Insurance Contracts Act 1984 (Cth). The proceedings arose from events which emerged in the Hayne Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.  For the insurer, Nola and McKenna KC were able to limit the outcome of the proceedings to a single declaration. Together with McKenna KC, Nola previously had advised the insurer in respect of legal outcomes and strategic approach to the events and outcome of the Royal Commission.

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Acting successfully (both at trial, and on appeal) for the purchaser of a defective second-hand tower crane component, in a claim involving issues of breach of contract and breach of consumer guarantees and implied terms. The sums ordered by the Court exceeded a formal offer made many months before trial, resulting in a successful costs outcome for her client.

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Acting for the QLS (in its regulatory capacity) in resisting an application for review of its decision to refuse a practising certificate to a practitioner whom it was not satisfied was a “fit and proper person” as required by the Legal Profession Act 2007 (Qld).

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Acting for the third party, a luxury car manufacturer, in the defence of a claim by the defendant (a second hand car dealer) under the Australian Consumer Law (ACL).

Following a wholly successful defence (which, at trial, included securing orders to reject the evidence of the defendant’s purported expert witness), Nola also succeeded in obtaining an order for indemnity costs from the commencement of the third party claim.

Acting for the debtor to successfully amend an application to set aside a bankruptcy notice.

The application was a novel one, brought on the basis that where something required in (but omitted from) the originating material by the Bankruptcy legislation and Rules was one of which the creditor had notice (such that no prejudice accrued), the Federal Court Rules clearly countenanced the amendment.

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