CURRICULUM VITAE PERSONAL DETAILS Name: Georgina Louise Jensz Telephone: 0402 344 609 Qualifications: Education: Bachelor of Laws, Bachelor of Arts (Monash University, 1996); Barrister and Solicitor of the Supreme Court of Victoria (1998) Melbourne Girls Grammar School (VCE 1990); Hamilton College EMPLOYMENT HISTORY February 2014 to date Principal- Kubed Legal Pty Ltd, Hawthorn East In February 2014, I commenced as Senior Counsel with Kubed Legal and was quickly offered a role as co-principal in October 2014. I have been a key driver in Kubed Legal establishing itself as a serious alternative to the traditional law firm, by giving clients a unique blend of savvy technical expertise with an in-house no-nonsense approach. I primarily act for Franchisors in relation to: Compliance with the Franchising Code of Conduct, Competition and Consumer Act and Unfair Contracts Act; Restructuring of franchise systems; Drafting, negotiating and reviewing commercial agreements, including Franchise Agreements, Disclosure Documents, Intellectual Property Licence Agreements and Sale of Business Agreements; Conducting franchise transactions, including new grants, renewals, surrenders and transfers and conversions of corporate stores to franchised businesses; Intellectual Property and Trade Mark Disputes, including drafting Breach/Default Notice and Dispute Notices, Termination Notices, representing parties at mediations, negotiating and documenting settlements; and Deeds of Variation; Deeds of Surrender and Release. I also act for a variety of property-related clients, ranging from Franchisors, SME s to one of Australia s largest public listed companies, in a variety of property related transactions, including: Drafting and negotiating Retail and Commercial Leases; Variation and Extensions; Assignments; and Property Licence Deeds. I also advise Franchisors on a variety of corporate advisory matters, including Share Sale Agreements, Shareholder Agreements, Unit Trust Deeds and Joint Ventures.
February 2011 to February 2014 Senior Associate - Commercial Dispute Resolution Herbert Geer, Melbourne My practice included various complex commercial matters ranging from contractual disputes and applications for urgent injunctive relief through to environmental and property disputes. Some experience included: Obtaining urgent injunctive relief in the Supreme Court for an Australian wide motor vehicle dealership against its insurer; Retail leasing disputes for both landlords and tenants before the Victorian Civil and Administrative Tribunal and the Victorian Small Business Commissioner. My experience specifically involved issuing urgent applications for injunctive relief to restrain the re-entry of retail premises (including relief against forfeiture) and providing advice in relation to rent reviews and the validity of re-entry notices. General property disputes including claims for specific performance of sale contracts, the removal of caveats, default and rescission notices and obtaining orders from VCAT compelling the sale of land between co-owners; Directors and shareholders disputes and sale of business disputes; and Advising administrators on the early termination of a deed of company arrangement. November 2009 to January 2011 Senior Associate - Commercial Litigation Group Kliger Partners, Melbourne Whilst my practice primarily focused on commercial and insurance litigation, I also handled prelitigation commercial transactions, including commercial and retail leases and general business, property and contractual matters. Some related experience included: Retail tenancies disputes before the Victorian Civil and Administrative Tribunal and the Victorian Small Business Commissioner; Injunctive relief to restrain the re-entry of commercial premises at the Crown Casino; Part IV claims, estate litigation and will disputes; Commercial business disputes involving the sale of businesses; Product liability claims, including a Supreme Court proceeding involving an alleged defective steam turbine; Workcover disputes, including claims for recovery of payments issued by the Victorian WorkCover Authority pursuant to section 138 of the Accident Compensation Act 1985 and common law claims for damages; Breach of contract claims, including a County Court trial involving a shipment of lamb for export to Libya; Property disputes, including Supreme Court proceedings involving breach of contract for the sale of real estate; Proceedings relating to the alleged conversion of the proceeds of sale of a Brett Whiteley painting; Defamation advice; 2
Insurance policy coverage claims and fraudulent claims; and Real estate agent commission claims. January 2001 to September 2009 Senior Associate - Commercial and Insurance Litigation Group - Hunt & Hunt Lawyers, Melbourne I acted in a wide range of commercial and insurance litigation matters for national and multinational corporations and represented Local Councils and Statutory Authorities in a variety of civil and criminal law matters. Being a keen advocate, I regularly appeared at interlocutory applications before the Supreme, County and Magistrates' Courts, including applications for summary judgment and general pleading and discovery disputes. I also appeared as in-house prosecution counsel for Roads Corporation (VicRoads) before the Magistrates' Court, mainly prosecuting heavy vehicle offences. I also regularly appeared before the Federal Court in bankruptcy and winding up applications for the Deputy Commissioner of Taxation. I also gained extensive experience in debt recovery, including conducting examinations of judgment debtors and enforcement procedures for recovery of debt. The coronial inquests in which I acted have involved a variety of occurrences, including the Burnley Tunnel fatalities in 2007. I also provided pro bono legal advice for several years to a homeless clinic for the Public Law Interest Clearing House on issues such as crimes' compensation, enforcement orders, infringement notices and summary offences. Further litigation experience included: Supreme Court trial concerning business interruption and material damage claims arising from a defective papermaking machine at Paper Australia Pty Ltd's Maryvale paper mill. Judgment was delivered in favour of my clients, with costs awarded on an indemnity basis. See Paper Australia Pty Ltd v Ansell Ltd [2007] VSC 484 (23 November 2007); Statutory prosecutions for Local Councils and Statutory Authorities in a variety of matters including prosecuting property owners under the Country Fire Authority Act 1958 and Council's Local Laws for fire hazards; 6 concurrent Supreme Court proceedings for Lloyds' of London Syndicates for economic loss and personal injuries arising from the collapse of the Corio Overpass in 2001; Successfully defending a claim for common law damages issued against Alcoa Ltd. See Atkins v Wellam Brothers Pty Ltd & Anor [2002] VSC 254 (26 June 2002); Business interruption and material damage arising from a fire at Johnson Matthey s gold refinery in Thomastown; Significant commercial dispute for SingTel Optus Pty Limited relating to claims for lost benefit of the proceeds of sale of a business and its assets; Supreme Court trial concerning breach of lease covenants and Occupational Health & Safety Regulations caused by asbestos contamination of commercial premises. See AF Textile Printers Pty Ltd v Thalut Nominees Pty Ltd & Ors [2007] VSC 73 (26 March 2007); Subrogated recovery claims, included those brought pursuant to section 51 of the Insurance Contracts Act 1984; 3
Product liability claim involving the recall of Arnott s Snackfoods' potato chips due to undeclared allergens in the product; Successfully defending an application for special leave to appeal to the High Court of Australia for a Local Council; Determination of Freedom of Information applications for Local Councils, and defending applications for review of those determinations, before the Victorian Civil and Administrative Tribunal; Landmark decision for Alcoa Ltd before the Supreme Court which altered the entitlement of the Victorian WorkCover Authority to recover certain payments made to injured workers against selfinsurers. See Husson v Keppel Prince Engineering Pty Ltd [2006] VSC 412 (3 November 2006); Occupational asthma and carcinoma claims for Alcoa Ltd before the Supreme Court; and Cross border litigation, including applications for registration of foreign judgments and substituted service of proceedings out of the jurisdiction. 1999-2001 Solicitor Commercial Litigation and Commercial Property Group, Gadens Lawyers, Melbourne I provided alternative dispute resolution and litigation services in the areas of media and defamation law, commercial, property, insurance, insolvency, contract and trade practice disputes, intellectual property and copyright claims, building and construction disputes and employment law. Some related experience included: Successfully defending Federal Court proceedings issued against Boral Ltd for breach of contract and the Trade Practices Act 1974 relating to the sale of alpine ash at its timber mill in Tumbarumba, New South Wales. See Alpine Hardwood (Aust) Pty Ltd v Hardys Pty Ltd [2001] FCA 1876 (21 December 2001); A franchise dispute for Autobarn Pty Ltd before the Supreme Court; and Defending Seal Rocks Victoria Australia Pty Ltd in relation to various arbitrations and civil proceedings relating to consultancy services for the construction of the Seal Rocks Sea Life Centre at Phillip Island. I also acted in telecommunications law within the Commercial Property Group, representing Vodafone in its tenure negotiations for new base station facilities and drafting and negotiating its lease and licence agreements. 1999 Solicitor Banking & Finance, Henderson & Ball, Kew I managed the mortgage preparation department, being responsible for up to 2 mortgage clerks and handling up to 20 loan agreements and property settlements per day. I was also involved in commercial litigation and commercial and property law matters. 1997-1998 Solicitor General Practice, Jennifer Mairs & Associates (Plaza Legal), Doncaster East 4
I completed my articles of clerkship at Jennifer Mairs & Associates, acting in all areas of law including the sale and purchase of commercial businesses, conveyancing, criminal law, wills and probate and general litigation. I also undertook much advocacy work, including pleas before the Magistrates Courts for various summary offences and claims for wrongful dismissal of employment. PUBLICATIONS & SEMINARS Regular e-alerts to clients on emerging issues, mostly affecting the Franchise Industry; In-house training to key staff of Franchisor clients on a variety of compliance and operations issues; Author of paper entitled 'Policy Interpretation and Construction', published by the National Library of Australia 2007 (Bib ID 4280958); Guest speaker at the Insurance Law Update for the Leo Cussen Institute on Policy Interpretation (2007); Author of paper entitled 'Current Issues in Public Liability' published by the Law Institute of Victoria on 13 May 2003 and published in Volume 3 Number 4 of the Local Government Reporter; Speaker at industry related groups on topics including The duty of utmost good faith and 'Engaging expert witnesses'; and Guest speaker at quarterly internal training seminars for Vero Insurance Ltd on such topics as Understanding the Insurance Contracts Act and Contractual Principles in Insurance Contracts (2003 to 2009). INTERESTS Victoria Racing Club; running and swimming; Hawthorn Football Club; food and wine; and music. 5