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Patrick Tiernan

QUALIFICATIONS  BCom/LLB (Hons), MCommrclLaw
ADMITTED  2017    BAR  2020
CHAMBERS  ACK 2903

CLERK CONTACT  03 9225 7999
PHONE  9225 7999
EMAIL  patrick.tiernan@vicbar.com.au

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Patrick Tiernan, BCom/LLB (Hons), MCommrclLaw

AREAS OF PRACTICE

  • Magistrates Court
  • Banking and Finance
  • Bankruptcy and Insolvency
  • Building and Construction
  • Commercial Law
  • Common Law
  • Corporations
  • Employment / Industrial
  • Insurance
  • Personal Injuries
  • Probate / Wills / Part IV
  • Professional Negligence
  • Property Law
  • Sports Law
  • Torts (Other Than PI)
  • Trade Practices
  • Traffic Offences

ENQUIRIES: dever@vicbar.com.au

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Experience

Patrick maintains a broad civil litigation practice (with both trial and interlocutory experience – led and unled), focussing on:

  • Commercial Litigation;
  • Common Law Litigation (with particular experience in defending Institutional Liability List claims);
  • Sports Law, for example:
    • Anti-doping disputes;
    • Selection disputes;
    • Tribunal proceedings;
    • Member protection disputes;
    • Disrepute disputes;
    • Racing disputes;
    • Contract disputes;
    • Sitting on tribunals; and
    • Various sports including: AFL; cricket; horse racing; golf; gymnastics; basketball; aikido; motorsport; badminton;
  • Employment/Industrial Law.

Patrick has completed a Masters of Commercial Law at the University of Melbourne, with a focus on consumer law, insurance law, institutional liability law and sports law.

Patrick also holds a Bachelor of Laws (Hons) and a Bachelor of Commerce from Deakin University.

Prior to coming to the Bar, Patrick was an Associate Lawyer at T J Mulvany & Co, with predominant areas being Commercial Litigation and Common Law Litigation (namely Institutional Liability matters).

Patrick read with Jack Tracey SC.

Recent cases include:

Commercial Law

GJB Building Pty Ltd v AI&PB Property Pty Ltd [2023] VSC 782 (led by A T Strahan KC)
Coonwarra Pty Ltd v CornoNero Pty Ltd [2023] VSC 781 (led by A T Strahan KC)
GJB Building Pty Ltd v AI and PB Property Pty Ltd (Ruling No 3) [2022] VSC 62 (led by A T Strahan KC in proceeding – appearance unled)

(acting as Junior Counsel for Defendant in 49 day Supreme Court trial, defending various allegations including misleading and deceptive conduct, breach of director’s duties, breach of fiduciary duty, Barnes v Addy claims and contract claims)

Plunkett v Portier Pacific Pty Ltd (Civil Claims) [2024] VCAT 205 (unled in matter generally, led by A T Strahan KC in s 77 application) (acting for various Uber entities Respondent in defending allegations of misleading and deceptive conduct and unconscionable conduct regarding UberEats app; and s 77 application to transfer proceedings from VCAT to Supreme Court of Victoria)

Storage Depot Pty Ltd v Brooklyn Logistics Park Pty Ltd (Building and Property) [2022] VCAT 210 (unled) (acting for Respondent regarding Valuation Determination and s 37 of the Retail Leases Act 2003 (Vic))

Sports Law

Thornell v Cerberus Golf Club Inc (Human Rights) [2024] VCAT 20 (unled) (acting pro bono for female golfer alleging sex discrimination for not being allowed to play in the ‘men’s only’ golf competitions)

Michael Randall v Australian Football League and Sport Integrity Australia CEO [2023] NST NST-E22-334478 (unled) (acting for the AFL in regard to anti-doping suspension appeal)

Heath Thorpe v Gymnastics Australia [2023] NST NST-E23-173421 (unled) (acting for Applicant in selection dispute – drawing submissions and advice)

From 22 May 2020, liability limited by a scheme approved under Professional Standards legislation.