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Nancy Collins

About Nancy

Nancy Collins is a commercial litigation lawyer with a particular focus on will and trust disputes. She has acted in a broad range of matters involving wills and estates, family trust disputes, breaches of contract, misleading and deceptive conduct, contested trademark applications and breaches of copyright.

Recommended in ‘Leading Wills & Estates Litigation Lawyers – Victoria’

Doyles Guide, 2016 and 2017

Nancy graduated cum laude from the University of Ottawa with an Honours Bachelor of Social Sciences in criminology.  She later completed a Bachelor of Laws at Monash University with first class honours. Nancy joined Arnold Bloch Leibler in 2006 as an articled clerk and was admitted to practice in the Supreme Court of Victoria in 2007. Nancy was appointed to Special Counsel in July 2017. 

Practice focus

Nancy’s practice focuses on the following areas:
  • challenging and defending wills on the basis of testamentary capacity and undue influence;
  • family provision claims;
  • family trust disputes;
  • breaches of fiduciary duty;
  • guardianship and administration applications;
  • disputes between joint proprietors; and
  • commercial contract disputes.

Experience

Nancy predominately acts for high-net-wealth individuals, private companies and charities. Nancy’s matters have involved:

Wills/Trusts

  • Supreme Court of New South Wales proceedings successfully challenging on constitutional grounds the validity of Section 64 of the Succession Act 2006 (NSW) which purported to empower the New South Wales courts to make orders affecting the estates of non-resident deceased persons with no assets in New South Wales Hitchcock v Pratt [2010 NSWSC 1508;
  • Contested family provision claims on behalf of executors and plaintiffs;
  • Supreme Court of Victoria proceedings to remove an executor/trustee for breach of fiduciary duty;
  • Supreme Court of Victoria proceedings to set aside a will on the basis that the testator lacked testamentary capacity;
  • Court proceedings in the Supreme Court of Queensland involving international conflicts of law and the Hague convention on the law applicable to trusts and on their recognition;
  • Supreme Court of Western Australia proceedings in relation to the construction of wills;
  • Supreme Court of Western Australia proceedings in relation to whether a trust could be vested by the beneficiary under the rule in Saunders v Vautier;
  • Supreme Court of Tasmania proceedings involving a cy pres application;
  • VCAT applications for guardianship and administration orders;

 

  • New South Wales Supreme Court proceedings for orders that joint property be held on trust and sold;
  • VCAT proceedings for orders that joint property be divided; and
  • Supreme Court of Victoria proceedings to vary the terms of a trust.

Commercial

  • Fenridge Pty Ltd v Retirement Care Australia (Preston) Pty Ltd & Ors [2013] VSC 464: breach of a lease of an aged care facility by Retirement Care Australia (Preston) Pty Ltd and exemplary damages against its parent, Regis Group Ltd;
  • Artists Greg Johns, Bert Flugelman and Rudi Jass: litigation against a company that breached the artists' copyright;
  • Challenger Managed Investments Limited: defending a class action brought in the New South Wales Supreme Court in relation to alleged misleading and deceptive conduct claims;
  • DKSH Australia: in relation to a passing off and misrepresentation case brought by one of its competitors, Bodum Australia, in the Federal Court;
  • Breville: in Federal Court proceedings in which a competitor challenged Breville’s marketing claims for a new technology product; and
  • Industry Funds Services: in relation to the review of television commercials and print advertising regarding its “Compare the Pair” campaign.

Recognition & publications

Take a look at Insights & News articles referencing Nancy Collins.