Anthony Desiderio

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Anthony DesiderioLL.B., BA., Dip Ed - Principal

Anthony obtained his Bachelor of Laws from Monash University in 1993 and was admitted to practice as a Barrister and Solicitor of the Supreme Court of Victoria in 1994.

Anthony adopts a lateral and commercial approach to his matters. In litigious matters, Anthony’s strategic approach regularly enables complex matters to be commercially resolved, thereby minimising the often substantial costs associated with litigation before the Courts/Tribunals. He has extensive experience across a broad range of commercial litigation and RTO law matters and has appeared and acted for clients in all Victorian Courts and Tribunals; Federal Court of Australia; Administrative Appeals Tribunal; and the Fair Work Commission.

Areas of Practice
Anthony’s areas of expertise include:
  • complex commercial litigation
  • injunctions and Anton Pillar Orders
  • merits review applications and stay applications in the AAT on behalf of Registered Training Organisations (“RTOs”)
  • judicial reviews in the Federal Court of Australia on behalf of RTOs
  • building and construction disputes (commercial + domestic)
  • insolvency (corporate + personal)
  • advising liquidators, administrators, receivers (including preparation of complex Deeds of Company Arrangement)
  • shareholder oppression actions
  • landlord and tenant disputes (commercial + retail)
  • property development shareholder disputes
  • removal of caveats
  • recoveries/finance and enforcement of securities on real and personal property
  • deceased estates and trusts disputes
  • Australian Consumer Law (ACL) trade practices disputes
  • contractual breaches
  • negotiable instruments
  • insurance litigation (professional indemnity)
  • executive employment contract disputes [unfair dismissal, unlawful termination and general protections (unlawful actions) claims]

In addition, Anthony has also acted for a large number of commercial clients in respect of:
  • joint venture agreements
  • shareholders agreements –
  • establishment of trusts – corporate structure advices
  • leasing agreements (commercial + retail) (including extensive and detailed negotiations)
  • acquisition and sale of commercial land
  • acquisition and sale of SME businesses

RTO law
Following the establishment of the Australian Skills Quality Authority (“ASQA”) and introduction of the National Vocational and Education Training Regulator Act 2011 (Cth) Anthony has developed considerable expertise in the field of RTO law. He has brought his wealth of experience to marshalls+dent+wilmoth where he heads the RTO law team. In November 2012, Anthony represented Pow Wow Training Pty Ltd (“Pow Wow”) in the landmark decision of Pow Wow Training Pty Ltd v Australian Skills Quality Authority [2012] FCA 1490 where the Honourable Justice Logan of the Federal Court of Australia quashed ASQA’s original decisions and ordered costs in favour of Pow Wow. Since the judgment in Pow Wow, Anthony has acted for numerous RTOs in a wide variety of matters and is recognised as one of the leaders in this field. He assists RTOs to navigate the often complex and intricate legal processes (whether through a Merits Review/Stay procedure in the Administrative Appeals Tribunal (“AAT”) or judicial review procedure in the Federal Court of Australia). Anthony’s knowledge and experience has enabled him to achieve outstanding results for numerous RTOs facing cancellation and/or suspension of their registration with ASQA. Anthony also represents and advises RTOs in relation to Department of Education (Commonwealth and State) VET FEE-HELP/VET Student Loan and VET Funding Contracts and ACPET issues and has assisted RTOs to achieve commercial resolution of matters with the Department so as to keep their VET Funding Contracts on foot.

Anthony is fluent in spoken and written Italian.
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