Fiona Forsyth KC

QUALIFICATIONS  LL.B (Hons) B.A. (Major in French)
ADMITTED  1999    BAR  2005

CLERK CONTACT  03 9225 7999
PHONE  9225 7591
MOBILE  0423 535 010

LOTE   French  

Fiona  Forsyth, LL.B (Hons) B.A. (Major in French)


  • Administrative Law
  • Class Actions
  • Commercial Law
  • Common Law
  • Competition Law
  • Constitutional
  • Contract
  • Corporations
  • Defamation
  • Human Rights
  • Intellectual Property
  • Media
  • Medical Negligence
  • Personal Injuries
  • Trade Practices




Fiona took silk in 2018. Prior to signing the Bar roll, Fiona was a senior associate in litigation at Allens Linklaters (where she also undertook her articles). Fiona is also admitted to the New York Bar and from 2001- 2003 worked as a litigator in New York (at Milbank Tweed Hadley & McCloy LLP and Morrison Cohen LLP) where she appeared in US State and Federal Courts.

Fiona's practice is largely in the areas of commercial law, competition and consumer law, media law, contempt of court and class actions. Fiona is currently briefed in a number of class actions in the Victorian Supreme Court. She recently appeared on behalf of the Plaintiff in the 5 month trial of a proceeding against Bayer Australia Ltd (and others) in relation to the female contraceptive device Essure. She successfully led her team in the G8 securities class action to obtain the first group costs order in Victoria. She was also appointed by the Federal Court as contradictor in the settlement of the Robodebt class action. Fiona acted for the Plaintiff in the Manus Island class action and in the Black Saturday bushfires class action (Murrindindi). She has also regularly acted for the ACCC in both consumer and competition matters. A sample of cases in which she has appeared in a variety of jurisdictions in a variety of practice areas is set out below. Fiona also has extensive experience undertaking regulators' examinations, as counsel assisting in inquiries and in advisory work.

Fiona was awarded a First Class Honours degree in law from the University of Melbourne in 1998. She also undertook a semester of her law degree with a scholarship to the Universite Jean Moulin in Lyon, France in 1995. She speaks fluent French.

In 2022 and 2023, Fiona was listed as one of the leading class actions senior counsel in Doyles Guide. In 2011 Fiona received the Victorian Bar Pro Bono Public Interest/Justice Innovation Award (with Ron Merkel QC and Kris Walker).

Commercial, Competition and Consumer Law

ACCC v Lactalis Australia Pty Ltd [2022] FCA 1087; [2023] FCA 839 (breaches of the Dairy Code)

ACCC v Uber B.V. [2022] FCA 1466 (false and misleading representations with respect to price and cancellation policies)

ACCC v Mercedes Benz Australia/Pacific Pty Ltd [2022] FCA 1059 (failure to comply with recall notice relating to Takata airbags)

ACCC v Sumo Power Pty Ltd [2021] FCA 712 (misleading and deceptive conduct in the sale of electricity retailing services)

ACCC v Informed Sources Pty Ltd (2017)(collation and dissemination of petrol pricing data)

ACCC v Coles Supermarkets Pty Ltd [2014] FCA 634(misleading and deceptive advertising - "Baked Today Sold Today")

ACCC v Singtel Optus Pty Ltd [2011] FCA 87 (misleading and deceptive advertising - "Unlimited" broadband)

ACCC v SMS Global Pty Ltd [2011] FCA 855 (misrepresentation of government endorsement)

Commissions of Inquiry / Investigations

Hotel Quarantine Inquiry (2020) - acting for Department of Transport

ACCC Petrol Pricing Inquiry (2007) - counsel assisting (with Neil Young QC and Simon Marks QC)

Independent Broad-based Anti-corruption Commission (various dates) - acting for various individuals in a number of confidential matters

ACCC Investigations (various dates) - briefed as counsel assisting in various ACCC investigations into proposed mergers and acquisitions

ASIC Investigations (various dates) - acting for various individuals in a number of confidential matters

Class Actions

Prygodicz v Commonwealth (no 2) [2021] FCA 634 (contradictor - settlement approval of claims relating to Robodebt scheme)

Turner v Bayer Australia Ltd (ongoing)(negligence and ACL claims relating to the Essure contraceptive device)

Allen v G8 Education Limited (ongoing)(securities class action - misleading and deceptive conduct and breach of continuous disclosure obligations)

Stallard Pty Ltd v Treasure Wine Estates Limited (ongoing)(securities class action - misleading and deceptive conduct and breach of continuous disclosure obligations)

Brown v State of Victoria (ongoing)(class action - claims of battery and assault and seeking declarations pursuant to the Victorian Charter of Human Rights and Responsibilities on behalf of environmental protestors sprayed with oleoresin capsicum spray by police officers)

Kamsaee v Commonwealth [2017] VSC 537 (claims of negligence and false imprisonment on behalf of persons detained on Manus Island)

Rowe v Ausnet Electricity Services Pty Ltd [2015] VSC 232 (claims of negligence in relation to the Murrindindi Black Saturday bushfire)

Pathway Investments Pty Ltd v National Australia Bank Ltd [2012] VSC 625 (securities class action - failure to disclose to market exposure to collateralised debt obligations)

Contempt of Court

R v Slaveski [2015] VSC 400

R v Derryn Hinch [2013] VSC 520 (sub judice contempt and suppression order)

Allen v R [2013] VSCA 44 (appeal - failure to give evidence)

R v Slaveski [2012] VSCA 48 (appeal - contempt in the face of the court)

Zukanovic v Magistrates' Court at Moorabbin (2011) 32 VR 216 (contempt in the face of the court)

R v ABC [2007] VSC 498 (suppression order)

R v Nationwide News Pty Ltd [2006] VSC 420 (sub judice contempt)

Whistleblower Cases

IOOF v Maurice Blackburn [2016] VSC 311 (privilege dispute - confidentiality in whistleblower documents)

Smith v Victoria Police [2012] VSC 374 (appeal- application of confidentiality provisions to whistleblower discovery)

Owens v University of Melbourne [2008] VSC 174 (interplay between Whistleblower Protection Act and Accident Compensation Act.


Roach v Electoral Commissioner (2007) 233 CLR 162 (Constitutional - prisoner voting)

Rowe v Electoral Commissioner (2010) 243 CLR 1 (Constitutional - closure of electoral roll)


Moriarty v Independent Commissioner Against Corruption (NT) [2022] NTSC 46 (judicial review of findings of the NT ICAC)

Setka v Dalton (2021) (malicious prosecution and false imprisonment in relation to events which took place in the course of an industrial dispute between the CFMEU and Boral Ltd)