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Brad Barr

QUALIFICATIONS  BA LL.B (Hons) LLM
ADMITTED  2010    BAR  2012
CHAMBERS  Level 29, Aickin Chambers

PHONE  9225 7215
EMAIL  bradbarr@vicbar.com.au

Brad Barr, BA LL.B (Hons) LLM

AREAS OF PRACTICE

  • Arbitration Mediation ADR
  • Building and Construction
  • Class Actions
  • Commercial Law
  • Common Law
  • Contract
  • Corporations
  • Employment / Industrial
  • Equity / Equitable Relief / Trusts
  • Franchising
  • Guarantees
  • Insurance
  • Landlord and Tenant
  • Mediators (Accredited)
  • Product Liability
  • Professional Negligence
  • Property Law
  • Rent
  • Sports Law
  • Superannuation
  • Torts (Other Than PI)
  • Trade Practices

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Experience

Brad specialises in commercial law disputes, with particular expertise in class actions, contract, insurance, construction, property, consumer law and corporations law proceedings. He also practises extensively in common law matters and has discrete practices in wills and estates, employment, dust diseases and sports law.

Brad appears regularly in trial, appellate and interlocutory hearings in all state and federal courts and tribunals. He also accepts briefs to appear at mediations and arbitrations, draft pleadings and other documents, advise and mediate.

Brad was previously a solicitor in the commercial litigation group at Allens. In 2009, he was an associate at the Supreme Court of Victoria in the Court of Appeal, where he worked on cases involving complex questions of contract law, equity, torts, civil procedure and property law.

Brad completed his Bachelor of Laws at Monash University and his Master of Laws at the University of Melbourne. He won a number of academic prizes during his studies.

A broad selection of matters in which Brad has acted includes:

COMMERCIAL LAW:

        • RNB Equities Pty Ltd v Regal Funds Management Pty Ltd (2018-2021, Federal Court, led by G Bigmore QC and M Goldblatt, briefed by Logie Smith Lanyon) (Market manipulation - ss 1041A, 1041B, 1317HA Corporations Act 2001 (Cth) - Derivative financial instrument - Algorithmic trading - Market microstructure)
        • Bachy Soletanche Australia Pty Ltd v Geotech Pty Ltd (2020, Supreme Court, led by R Craig QC, briefed by Ashurst) (Breach of trust - Breach of joint venture deed - Preservation of trust property pending arbitration - "Material adverse effect" and "material default" - Interim ex parte injunction - Interlocutory injunction - Mandatory injunction)
        • Acting for the State of Victoria in a dispute regarding the West Gate Tunnel Project (2019-2020, led by S Marks QC and R Craig QC, with B Slocum and S Mariole, briefed by Clayton Utz)
        • Mortgage Finance Options Pty Ltd v Uniq Finance Australia Pty Ltd [2019] VCC 2156 (Contract - Agreement between mortgage broker and finance broker as to trailing and override commission - Repudiation - Damages - Expectation damages - Assessment of damages - Taxation - Goods and services tax - Whether GST should be included in award for damages)
        • Acting for the respondent in a shareholder class action (2016, Federal Court, briefed by ABL)
        • Knowledge Pathways Pty Ltd v TBM Training Pty Ltd [2016] VSC 434 (led by P Corbett QC) (Contractual interpretation - Undertaking to preserve fund pending resolution of proceeding - Undertaking subject to an exception - Whether undertaking given by company and its CEO jointly, or only by the company - Whether fund paid to third party under terms of the exception)
        • McClernon v TAL Life Limited (2016, Supreme Court, led by T Wodak) (Life insurance - Superannuation trust - Whether breach of life insurance policy - Whether breach of insurer's duties - Whether breach of trust deed - Whether breach of trustee's duties)
        • Jones v Spriggs (2015, Supreme Court) (Employment agreement - Restraint of trade - Confidential information - Declarations - Injunctions)
        • DCWC Services Pty Ltd v Goves (2015, Federal Court, led by A Panna QC) (ss 182, 183 Corporations Act 2001 (Cth) - Enforceability of employment agreements and shareholder agreement - Breach of employment agreements and shareholder agreement - Breach of fiduciary duties - Confidential information - Declarations - Injunctions)
        • Singyang Pty Ltd v Nando's Australia Pty Ltd (2014, Supreme Court, led by N Hopkins QC, briefed by Norton Rose Fulbright) (Franchise agreement - Franchising Code - Consent to transfer of franchise)
        • Southlink Holdings Pty Ltd v Cullia (2013, Supreme Court, led by N Hopkins QC, briefed by Norton Rose Fulbright) (Breach of contract - Mutual mistake - Misleading or deceptive conduct - Lien - Caveat - Breach of guarantee - Estoppel)

        COMMON LAW:

        • The Tailor Made Spirits Company Limited v Hall & Wilcox (2019, VCAT, briefed by Minter Ellison) (Professional negligence - Breach of retainer - Breach of the Australian Consumer Law - Jurisdiction of the Tribunal)
        • Williams v AusNet Electricity Services Pty Ltd (2017, Supreme Court, led by G Harris QC, with T Jeffrie, briefed by Collin Biggers & Paisley) (Negligence - Mickleham bushfire class action - Whether duty of care owed by consulting arborist - Scope and content of duty - Whether breach of duty in assessing tree that subsequently failed onto powerline - Whether legal and factual causation established - Apportionment - Contribution)
        • CSR Ltd v Amaca Pty Ltd [2016] VSCA 320 (led by B Quinn QC, briefed by Moray & Agnew) (Torts - Contribution claims between tortfeasors - Exposure - Inferences - Causation - Evidence - Hearsay - Exceptions to hearsay - Revival of memory - Reading aloud parts of a document - Limitation of Actions - Equity - Contribution - Partners - Coordinate liabilities - Defences - Laches)
        • Amaca Pty Ltd v CSR Ltd [2015] VSC 582 (led by B Quinn QC, briefed by Moray & Agnew) (Tort - 204 claims for contribution between tortfeasors - Whether plaintiff proved exposure of injured persons to asbestos manufactured or supplied by defendants - Equity - Recovery of contribution upon the discharge of a coordinate liability - Limitation of actions - Statutory construction of s 24(4) Wrongs Act 1958 (Vic) - Application of statutory limitation provisions to equitable actions for contribution by the doctrine of analogy - Equity - Defences of laches, acquiescence and waiver - Evidence - Whether statements made to doctors by unavailable witnesses were admissible to prove a person's exposure to asbestos - Hearsay - Exceptions to hearsay)
        • Younis v Varveri (2015, Supreme Court, led by P Jewell QC, briefed by Norton Rose Fulbright) (Negligence - Contribution proceedings - Occupiers' Liability - Duty of care - Scope and content of duty - Contractual indemnity)

        BUILDING AND CONSTRUCTION:

              • Acting for the State of Victoria in a dispute regarding the West Gate Tunnel Project (2019-2020, led by S Marks QC and R Craig QC, with B Slocum and S Mariole, briefed by Clayton Utz)
              • ACN 115 918 959 Pty Ltd v Moulieris (2018-2021, VCAT, led by R Craig QC, briefed by Gadens) (Domestic building contract - Prime cost items - Provisional sums - Variations - Repudiation - Quantum meruit - Unjust enrichment - Mann v Paterson Constructions Pty Ltd [2019] HCA 32 - Defects - Builder's warranties - Misleading and deceptive conduct)
              • A&B Earthmoving Pty Ltd v Shane Muir Consulting Engineers Pty Ltd (2018, VCAT) (Construction - Time for practical completion - Entitlement to extension)
              • RCTC v Knox City Council (2015, Supreme Court, led by N Hopkins QC, briefed by Rigby Cooke) (Negligence - Whether duty of care owed by local authority - Brookfield Multiplex v Owners - Strata Plan No 61288 [2014] HCA 36 - Breach of statutory duty - Breach of contract - Contribution and indemnity)

              PROPERTY LAW:

                    • Clarke Road Solar Pty Ltd v Greater Dandenong City Council [2021] VCAT 117 (led by J Forsyth SC) (Section 149(1)(a) of the Planning and Environment Act 1987 (Vic) - Application for declaration involving the interpretation of relevant s 173 agreement - Key historical plan missing and unable to be found)
                    • Chrisanthou v Chrisanthou [2020] VCAT 200 (Co-ownership - Property Law Act 1958 Part IV - Joint tenants - Application for sale of co-owned land)
                    • Haichkay Pty Ltd v Sacco [2019] VSC 196 (Summary judgment – Whether defendant has real prospect of success on her defence – Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd [2013] VSCA 158; (2013) 42 VR 27 – National Credit Code (Schedule 1 to the National Consumer Credit Protection Act 2009 (Cth)) does not apply – Jams 2 Pty Ltd & Ors v Stubbings (No 3) [2019] VSC 150 applied)
                    • Baird v Baird [2019] VSC 59 (Real Property – Application to remove caveats – Administration of estate – Caveats lodged by residuary beneficiary – No serious question to be tried – Commissioner of Stamp Duties (Qld) v Livingston (1964) 112 CLR 12 - Summary Recovery of Land – Application by executor of deceased estate under order 53 Supreme Court (General Civil Procedure) Rules 2015 for orders to allow sale of deceased’s property – Residuary beneficiary in possession as licensee – Order for possession made – Parker v Mielicki [2003] VSC 263 – Kempson v Davison [2016] VSC 366)
                    • Orlson Property Pty Ltd v Three Pillars Martha Cove Pty Ltd (2018, Supreme Court) (Property Law Act 1958 (Vic), s 49 - Purchase of property off the plan - Property not constructed in accordance with plans - Failure to settle)
                    • PT Earthworks Pty Ltd v Gijsen (2017, VCAT) (Injunctions - Declarations - Location of boundary wall - Reinstatement and maintenance of boundary wall)
                    • Emmanuel v Kalcic (2015, County Court) (Contract of sale of real estate - Construction of special condition - Whether entirely for the benefit of the purchaser - Whether purchaser entitled to waive special condition)
                    • Demasi v Demasi [2013] VSC 27 (Caveat - Order for removal of caveat)

                    PRACTICE AND PROCEDURE:

                          • Gomez v Carrafa [2021] VSCA 661 (Special federal matter – Transfer of proceeding to Federal Court of Australia under s 6 Jurisdiction of Courts (Cross-vesting) Act 1987 – Whether appeal competent – Section 13(a) precludes appeal from decision of court in relation to transfer of proceeding under Act – Whether decision confined to reasons for transfer and not antecedent reasons)
                          • Mortgage Finance Options Pty Ltd v Uniq Finance Australia Pty Ltd (No 2) [2020] VCC 555 (Costs - Offer of compromise - Calderbank offer - Costs on an indemnity basis)
                          • RNB Equities Pty Ltd v Credit Suisse Investment Services (Australia) Ltd [2019] FCA 760 (led by G Bigmore QC, briefed by Logie-Smith Lanyon) (Jurisdiction of Federal Court of Australia - Where federal claim of market manipulation against second respondent - Where separate claim against first respondent for breach of product disclosure statement - Whether "matter" arising under Corporations legislation or under any laws made by Commonwealth Parliament - Accrued jurisdiction - Whether common substratum of facts with federal claim - whether separate and disparate from federal claim)
                          • RNB Equities Pty Ltd v Credit Suisse Investment Services (Australia) Limited (No 2) [2019] FCA 1385 (led by M Goldblatt, briefed by Logie-Smith Lanyon) (Practice and procedure – Pleadings – Interlocutory application by first respondent seeking strike out of parts of the Amended Statement of Claim – Alternative claim for further and better particulars – Where respondents have not yet filed a defence)
                          • Amaca Pty Ltd v CSR Ltd [2018] VSC 67 (led by B Quinn QC, briefed by Moray & Agnew) (Costs - Proceeding settled on terms the defendants will pay the plaintiff's costs to be agreed or as determined by the Court - Application for indemnity costs)
                          • Williams v AusNet Electricity Services Pty Ltd (Ruling No 2) [2016] VSC 145 (led by G Harris QC, briefed by Collin Biggers & Paisley) (Evidence - View proposed in advance of trial - Decay of subject tree - Likely failure of subject tree imminent - Discretion to conduct view - Forensic disadvantage to party who have not yet engaged an expert - Preservation order - Evidence Act 2008 ss 53(1), 53(3))
                          • Amaca Pty Ltd v CSR Ltd (No 2) [2015] VSC 605 (led by B Quinn QC, briefed by Moray & Agnew) (Interest - Interest payable on contribution awarded pursuant to Part IV of the Wrongs Act 1958 (Vic) - Interest payable on contribution awarded by way of equitable remedy for the discharge of a coordinate liability - Whether interest should be awarded under s 58 or s 60 of the Supreme Court Act 1986 (Vic))
                          • Downes v Maxwell Richard Rhys & Co Pty Ltd (in liq.) [2014] VSCA 193 (led by R Kendall QC) (Procedural fairness - Self-represented defendants - Where prima facie proof of claim - Where invitation by judge to defendants to rely on submissions - Where no explanation of possible reasoning by reference to Jones v Dunkel (1959) 101 CLR 298 - Where affidavit used for purposes other than that for which it was admitted - Obligations of trial judge - Re Refugee Tribunal; Ex parte Aala (2000) 204 CLR 82 applied)

                          EQUITY AND TRUSTS:

                                • Re Estate of Henry Brough Smith; Perpetual Trustee Company Ltd v Uniting (Victoria and Tasmania) Ltd [2020] VSC 378 (briefed by HWL Ebsworth) (Equity and trusts - Charitable trust - Testamentary trust - Charitable institutions named in deceased's will no longer in existence - Whether charitable purpose of those institutions continued through defendant charitable institutions - Whether defendant charitable institutions successors to institutions named in the will)
                                • Defina v Matina [2017] VSC 106 (briefed by Madgwicks) (Costs — Where beneficiary seeks his costs be paid personally by trustees — Where trustees seek their costs be paid from the trust)
                                • Edwards v State Trustees Ltd [2016] VSCA 28 (briefed by Allens) (Wills and estates - Forfeiture rule - Appellant convicted of defensive homicide of husband - Appellant principal beneficiary under husband's will - Whether rule flexible in nature - Whether rule equitable in nature)
                                • Re Edwards; State Trustees Ltd v Edwards [2014] VSC 392 (led by A Ryan QC, briefed by Allens) (Wills and estates - Principal beneficiary under will convicted of defensive homicide of the deceased - Whether forfeiture rule applies - Whether discretion not to apply forfeiture rule - Whether constructive trust should be imposed - Whether gift over saved by the rule in Jones v Westcomb (1711) Prec Ch 316; 24 ER 149 applies - Supreme Court (General Civil Procedure) Rules 2005, r 54.02)


                                 

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