Sandip Mukerjea

ADMITTED  2005    BAR  2012

PHONE  9225 6231
MOBILE  0425 785 682

Sandip Mukerjea, LLB.(HONS), BA


  • Administrative Law
  • Commercial Law
  • Common Law
  • Contract
  • Coronial Inquests
  • Defamation
  • Disciplinary Tribunals
  • Insurance
  • Media
  • Personal Injuries
  • Product Liability
  • Professional Negligence
  • Public Law
  • Sports Law
  • Torts (Other Than PI)
  • Trade Practices

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Sandip has appeared and advised (both led and unled) in a range of common law, media, insurance and administrative law matters, including trials, inquests and appeals. In each of the past 7 years (2014-20) he was recognised by his peers in the AFR's annual 'Best Lawyers' list for his expertise in Defamation and Media Law, including as Melbourne's defamation 'lawyer of the year' in 2017. In 2016 and 2020 he was ranked by Doyle's Guide in the area of Technology, Media and Communications and in 2020 was also ranked in the area of professional indemnity insurance.

He has extensive advocacy experience both on behalf of and against the press in defamation, breach of confidence, freedom of information and contempt of court matters, as well as in applications for non-publication orders in criminal and civil cases - where he is usually opposed to senior counsel. He has a sound knowledge of both civil and criminal procedure. He is currently one of two junior counsel briefed by over 30 media-respondents in a contempt of court prosecution brought by the DPP in relation to publicity which attended the jury verdict (since overturned on appeal) against Cardinal George Pell.

Between January 2019 and November 2020, Sandip was one of the counsel assisting the Victorian Royal Commission into the Managament of Police Informants, where he was briefed to advise and appear on questions concerning suppression orders, public interest immunity and privilege claims. In that capacity he appeared on behalf of the Commission on numerous occasions in the High Court and Victorian Court of Appeal.

Sandip also has specific expertise in relation to the Australian sports, racing and wagering industries, where he has advised or appeared for the Australian Football League and Racing Victoria Ltd in relation to commercial, regulatory and disciplinary matters. Notable cases include: acting for the Racing Stewards in the prosecution of jockey Danny Nikolic; acting for the AFL in the prosecution of Adelaide Football Club and others; acting for Mark 'Bomber' Thompson in the Essendon Football Club supplements prosecution; and acting for licensed horse trainers Danny O'Brien and Mark Kavanagh in the long running 'Cobalt' prosecutions.

Sandip is a member of the Common Law Bar Association and the Melbourne Press Club. He is also a reporter for the Victorian Reports and formerly edited the Defamation chapter of The Law Handbook.

Reported appearances include:

Morris v St Vincent's Health Australia Ltd & Anor [2020] VSC 690 (21 October 2020) (Defamation - led by Will Houghton QC)

Nine Network Australia Pty Ltd & Ors v Wagner & Ors [2020] QCA 221 (13 October 2020) (Defamation appeal - led by Sandy Dawson SC)

Lum v Kay & Burton (Brighton) [2020] VMC 19 (27 August 2020) (Access to court documents)

Gatto v Australian Broadcasting Corporation & Ors (No 1) [2020] VSC 420 (10 July 2020) (Defamation - application for trial by jury - led by Matt Collins QC)

Chairperson of the Royal Commission into the Management of Police Informants v DPP [2020] VSCA 184 (8 July 2020) (Application to vary suppression orders - led by Penelope Neskovcin QC)

AB (a pseudonym) v CD (a pseudonym); EF (a pseudonym) v CD (a pseudonym) [2019] HCA 6 (27 February 2019) (Suppression Order)

AB v CD & EF [2019] VSCA 28 (21 February 2019) (Suppression Order - led by Penelope Neskovcin QC)

Nikolic v Nationwide News Pty Ltd [2020] VSC 98 (9 April 2020) (Defamation / Injurious Falsehood - summary judgment application)

Nikolic v Twitter & Ors [2020] VSC 101 (9 April 2020) (Defamation - summary judgment application)

Khan v The Age Company Pty Ltd & Ors [2019] VSC 839 (6 December 2019) (Defamation - application to set aside judgment)

DPP v Pell (Review of Suppression Order) [2018] VCC 2125 (14 December 2018)

Macdonnell v State Sport Centres Trust (Review and Regulation) [2018] VCAT 1616 (17 October 2018) (Freedom of Information)

Linard v Wellington Shire Council & Anor [2018] VCC 1205 (20 August 2018) (Private nuisance - trial)

Dinh v Nine Network Australia Pty Ltd [2018] VSC 464 (15 August 2018) (Defamation - application to interim injunction)

Wilson v Bauer Media Pty Ltd & Anor [2018] HCATrans 238 (16 November 2018) (Defamation special leave application to High Court - led by David Jackson QC)

Bauer Media Pty Ltd v Wilson (No 2) [2018] VSCA 154 (14 June 2018) (Defamation Appeal - led by Michael Wheelahan QC)

Wilson v Bauer Media (Ruling No 6) [2017] VSC 356 (27 July 2017) (Defamation Trial - led by Georgina Schoff QC)

REA Group Limited v Fairfax Media Limited [2017] FCA 91 (13 February 2017) (Misleading and deceptive conduct - led by Tim McEvoy QC)

TrinityP3 Pty Ltd v WIP Consulting Pty Ltd [2016] VSC 735 (2 December 2016) (Breach of contract, breach of confidence, restraint of trade)

Racing Victoria Limited v Riley [2016] VSCA 230 (21 September 2016); Riley v Racing Victoria Ltd [2015] VSC 527 (1 October 2015) (Disciplinary Appeal - led by Patrick Tehan QC)

Barrow v Bolt & Anor [2015] VSCA 107 (21 May 2015) (Defamation Appeal - led by Matt Collins QC)

Barrow v Bolt & Anor [2014] VSC 599 (2 December 2014) (Defamation Trial - led by Matt Collins QC)

Fidge v Councillor Conduct Panel (Review and Regulation) [2014] VCAT 1477 (2 December 2014) (Disciplinary prosecution / Constitutional Law)

TPI Enterprises Ltd v Poppy Growers Tasmania Inc [2014] VSC 518 (24 October 2014) (Defamation, Misleading and Deceptive Conduct - led by Matt Collins QC)

Deitrich v Pulse Pharmacy Northcote Pty Ltd [2014] VSC 307 (7 August 2014) (Medical Panel Judicial Review - led by Robin Gorton QC)

Applebee v Monash CC (Review and Regulation) [2014] VCAT 257 (26 March 2014) (Statutory interpretation)

Barrow v Bolt & Anor (Ruling No 3) [2014] VSC 16 (7 February 2014) (Defamation)

Office of the Premier v Herald and Weekly Times [2013] VSCA 79 (12 April 2013) (Freedom of information Appeal - led by Matt Collins QC)

Nikolic v Racing Victoria Limited (Occupational and Business Regulation) [2012] VCAT 1954 (21 December 2012) (Disciplinary prosecution - led by Philip Dunn QC)

Crisp v Fairfax Media Ltd & Ors [2012] VSC 615 (19 December 2012) (Defamation Injunction Application - led by Matt Collins QC)

Norman South Pty Ltd & Anor v da Silva [2012] VSC 477 (18 October 2012) (Breach of Confidence Trial - led by Georgina Schoff QC)

DPP v Lawson & Ors (Ruling No. 2) [2012] VSC 469 (11 October 2012) (Suppression order)

R v Benbrika & Ors (Ruling No 32) [2008] VSC 485 (26 August 2008) (Suppression order)

R v Benbrika & Ors (Ruling No 13) [2007] VSC 543 (13 December 2007) (Suppression order)

From 03 May 2012, liability limited by a scheme approved under Professional Standards legislation.