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Fiona Forsyth QC

QUALIFICATIONS  LL.B (Hons) B.A. (Major in French)
ADMITTED  1999    BAR  2005
YEAR APPOINTED SILK  2018
CHAMBERS  CAS 1512

PHONE  9225 7591
MOBILE  0423 535 010
EMAIL  fforsyth@vicbar.com.au

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

AREAS OF PRACTICE

  • Administrative Law
  • Class Actions
  • Commercial Law
  • Common Law
  • Competition Law
  • Constitutional
  • Contract
  • Corporations
  • Defamation
  • Human Rights
  • Intellectual Property
  • Media
  • Personal Injuries
  • Torts (Other Than PI)
  • Trade Practices

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Experience

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.

Since coming to the Victorian Bar in 2005, Fiona's practice has largely been in the areas of commercial law, competition and consumer law, media law, contempt of court and class actions. Fiona was most recently briefed in the Manus Island class action (settlement approved in 2017). She also appeared in the Murrindindi Bushfire class action (settlement approved in 2015). She has also appeared in securities class actions and has 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 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 Informed Sources Pty Ltd (collation and dissemination of petrol pricing data)(with Michael O'Bryan QC)

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

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

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

Counsel assisting the 2007 ACCC Petrol Pricing Inquiry (with Neil Young QC and Simon Marks QC)

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

Mecrus Pty Ltd v Industrial Energy Pty Ltd (Federal Court)(breach of contract issues arising from dispute involving briquette manufacturing plant)

Class Actions

Kamsaee v Commonwealth [2017] VSC 537 (approval of settlement - Manus Island class action)

Kamasaee v Commonwealth (no 10) [2017] VSC 272 (issues for trial ruling - Manus Island class action)

Kamasaee v Commonwealth (no 8) [2017] VSC 167 (Class closure ruling - Manus Island class action)

Rowe v Ausnet Electricity Services Pty Ltd [2015] VSC 8 (Murrindindi bushfire - strike out application)

Ausnet Electricity Services Pty Ltd v Liesfield [2014] VSC 474 (Murrindindi bushfire - privilege appeal)

Matthews v SPI Electricity Pty Ltd [2013] VSC 671 (Kilmore East bushfire - security for costs)(with Peter Collinson QC)

Pathway Investments Pty Ltd v National Australia Bank Ltd [2012] VSC 625(settlement approval - failure to disclose to market exposure to collateralised debt obligations)(with Michael Lee SC)

Pathway Investments Pty Ltd v National Australia Bank Ltd [2012] VSC 495 (antisuit injunction)(with Michael Lee SC)

Pathway Investments Pty Ltd v National Australia Bank Ltd [2012] VSCA 168 (appeal - application for group member discovery)(with Michael Lee SC)

Contempt of Court

R v Slaveski [2015] VSC 400 (with J Langmead QC)

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

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)(with J Langmead QC)

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)(with J Langmead QC)

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

Whistleblower Protection Act

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

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

Other matters

Roach v Electoral Commissioner (2007) 233 CLR 162 (Constitutional - prisoner voting)(with R Merkel QC)

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

Habashy v Relpar Australia Pty Ltd [2006] VCAT 1912 (Fair Trading Act - trade and commerce)

Mighell v Milne (Supreme Court - Injunction - Defamation)(with J Ruskin QC)

From 18/06/2009, Liability limited by a scheme approved under Professional Standards Legislation.