5 Wentworth

Professional career

Mr Kirby was admitted as a legal practitioner in New South Wales in 2004. In September 2009, Mr Kirby commenced practice at the NSW Bar. In the five years before coming to the Bar, Mr Kirby worked in Canada in insurance law and subsequently employment law. He practices primarily in the areas of commercial law, equity, competition and consumer law, defamation, trusts, wills and probate.

Recent cases

QBE Insurance (Australia) Limited v Hotchin [2011] NSWSC 681 – Successfully sought anti-suit injunction restraining proceedings in the U.S. (led Fagan SC).

Goodridge v Macquarie Bank Ltd [2011] HCATrans 154 – Application for special leave to appeal concerning margin calls and novation (led by Rayment QC and Kennett SC).

QBE Workers Compensation (NSW) Ltd v BAE Systems Regional Aircraft Ltd [2010] NSWSC 82 – Successfully sought summary dismissal of insurance recovery proceedings (led by R Williams QC).

Jammal v Emirates – Acted for Emirates in a personal injury suit under the Warsaw Convention (led by R Williams QC).

Re Hegarty [2011] NSWSC 1194 – Successfully argued over a gift over from a non-purpose charitable trust.

Smirski v Macander (No 2) [2011] NSWSC – Successfully argued for property entitlements under the Property (Relationships) Act.