Borcsa has a commercial practice which centres around building & construction, contract, corporations & insolvency, insurance, professional negligence, resources and energy, tax, and competition and consumer law disputes.
Having previously practised in top and mid-tier law firms as well as in-house at a large insurer, Borcsa applies broad commercial insight to her advisory and litigation practice as a barrister.
With an academic background in international business and economics, Borcsa pairs commercial aptitude with a personal client approach to propose the most strategic and commercial course of action. Appreciating her technical strengths, responsiveness and diligence, clients who have benefited from Borcsa’s services include ASX 200 companies, government bodies and multi-national corporations.
Borcsa has amassed experience, both led and unled, in the State and Federal Courts and Tribunals, including the Supreme Court of Queensland and Court of Appeal. Her experience includes appearing unled against Queens Counsel and in multi-day trials and appeals.
Examples typical of Borcsa’s practice include:
Building & Construction
> Appearing unled on an application to cancel charges under section 21 of the Subcontractors Charges Act 1974 and to declare payment claims void under the Building and Construction Industry Payments Act 2004.
> Appearing in a number of applications of judicial review seeking to have adjudication decisions declared void.
> Acting on behalf of a respondent to an adjudication application under the Building Industry Fairness (Security of Payment) Act 2017 in relation to building works in QueensPlaza in Queen Street.
> Appearing on behalf of a builder in QCAT proceedings in which a decision by the QBCC to cancel the client’s builder’s licence was successfully set aside.
> Acting on behalf of a construction company in proceedings involving a quantum meruit claim and misleading and deceptive conduct.
> Acting on behalf of a developer in an arbitration concerning the construction of a residential development in the Sydney CBD.
> Acting on behalf of the owner of a port in relation to access and competition law issues.
> Advising a client on issues relating to exclusive dealing third-line forcing and misuse of market power.
> Advising a client on competition law issues relating to a most favoured nation clause of a contract.
> Appearing in the Queensland Court of Appeal in a matter involving issues of causation of loss, evidence of damage to the goodwill of a business and the quantification of damages for misleading or deceptive conduct.
> Appearing in a four-day trial in the Supreme Court of Queensland in proceedings involving breaches of a business sale contract, misleading and deceptive conduct and estoppel.
> Appearing unled in a four-day trial in the District Court involving allegations of breach of contract, estoppel and restitution.
> Appearing unled in a two-day trial in the District Court of Queensland in a matter involving issues of bailment, conversion, breach of contract and mitigation of loss.
> Appearing unled against Queens Counsel in a claim involving allegations of misleading and deceptive conduct and breach of contract.
Corporations & Insolvency
> Appearing in the Supreme, District and Magistrates Courts in various insolvency proceedings, including applications to set aside statutory demands and winding-up applications.
> Acting on behalf of a shareholder in oppression proceedings.
> Successfully defending a litigious matter for a client involving alleged breaches of directors’ duties, misuse of confidential information and breach of an employment contract.
> Advising a client on courses of action and prospects arising out of a flood event against multiple prospective defendants.
> Acting on behalf of insurers and insureds in a range of coverage-related disputes.
> Acting on behalf of real estate agents in proceedings alleging misleading and deceptive conduct and breach of contract.
> Acting on behalf of various landlords and tenants in a range of commercial leasing disputes.
> Acting on behalf of various vendors and purchasers of land in a range of disputes relating to contract terms, deposits and misleading and deceptive conduct.
> Appearing unled in a four-day trial prosecuting a charge of dishonestly causing a loss to the Commonwealth.
> Appearing unled in a committal hearing prosecuting charges relating to dishonestly influencing a public official in the course of investigations and creating a false commonwealth document.
> Acting for the Department of Natural Resources, Mines and Energy in proceedings relating to vegetation management.
> Acting for the Department of Agriculture and Fisheries in proceedings relating to biosecurity.
> Advising the Work Health Safety Prosecutor on prospects and charges for potential breaches of WHS Legislation.
> Advising an ASX 200 company on its land tax obligations.
> Acting on behalf of a high net worth individual challenging an assessment of income tax on various grounds including residency.
2018 Administrative Law Committee, Bar Association of Queensland
2017-2018 Women Lawyers Association of Queensland - Secretary, Executive Committee
2016-2018 QUT Career Mentor Scheme - Mentor
2016-2017 Women Lawyers Association of Queensland - Management Committee Member and Advocacy Chair
Bar Association of Queensland
Law Council of Australia – Business Law Section
Women Lawyers Association of Queensland
Bachelor of Laws (Hons 1)
Bachelor of International Business
Graduate Diploma of Legal Practice
2018 WLAQ Emergent Woman Lawyer of the Year Award, Finalist
2012 Griffith University Award for Academic Excellence
2011 Griffith University Award for Academic Excellence
2010 Griffith University Award for Academic Excellence