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Tyson Wodak

QUALIFICATIONS  LL.B (Hons), BA, GDipAppFin, MBioeth
ADMITTED  1998    BAR  2005
CHAMBERS  ACK 3117

PHONE  9225 8615
MOBILE  0411 706 409
EMAIL  rtw@vicbar.com.au

Tyson Wodak, LL.B (Hons), BA, GDipAppFin, MBioeth

AREAS OF PRACTICE

  • Administrative Law
  • Bankruptcy and Insolvency
  • Commercial Law
  • Competition Law
  • Computers / IT
  • Contract
  • Corporations
  • Employment / Industrial
  • Equity / Equitable Relief / Trusts
  • Insurance
  • Intellectual Property
  • Partnerships
  • Professional Negligence
  • Securities
  • Torts (Other Than PI)
  • Trade Practices

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Experience

Tyson was admitted to practice in 1998 and signed the Bar Roll in 2005. He conducts a broad commercial litigation and advisory practice. Areas of particular interest include:

  • corporate oppression proceedings and other shareholder/director disputes;
  • disputes arising from the intersection of intellectual property and commercial dealings. In recent years he has been briefed in numerous disputes involving allegations:
    • of the misuse of confidential information;
    • that 'brands' have been misused. These disputes frequently involve questions of copyright infringement, trade mark infringement and passing off.
  • disputes involving allegations of misleading or deceptive conduct;
  • disputes arising out of restraint clauses - both in sale of business contexts and in the employment context.

A selection of matters in which Tyson has been briefed are referred to in the 'Cases' tab.

Tyson is a Graduate Member of the Australian Institute of Company Directors. His postgraduate qualifications comprise a Masters Degree in Bioethics, a Graduate Diploma in Applied Finance & Investment and completion of the Company Directors Course.

Outside his practice at the Bar, Tyson is the Vice President of Bialik College (an independent school with approximately 1,000 students spanning creche through to year 12), a director of its associated companies, Chair of its Governance Committee and former Chair of its Risk Management Committee. Additionally he is Chair of the Reid Malley Foundation (a Public Ancillary Fund) and has been a member of the Ethics Committee of the Peter MacCallum Cancer Centre since 2007.

Before coming to the Bar Tyson worked as a solicitor with Phillips Fox Lawyers (now DLA Piper), as a Senior Associate with Piper Alderman and as an executive in the technology industry. He was the co-founder of an Internet-based financial services company.

Tyson has a strong interest in medical and scientific ethics, and related issues. In completing his Masters degree in Bioethics he earned high distinctions in the subjects ‘Ethical Issues in Professional Life’ and ‘Ethics’, and completed a short thesis on Ethical implications for the Australian Red Cross Blood Service of autologous blood donations. Tyson is available to advise on complex bioethical issues; for example to provide a reasoned ‘second opinion’ where difficult issues arise.

Cases

Various corporate oppression proceedings

I am frequently briefed in corporate oppression proceedings. These range from relatively straightforward disputes between quasi-partners to complex disputes involving solvent liquidations and difficult issues in relation to the preparation of accounts and valuations. These disputes frequently resolve - either at an early stage, or at or following mediation.

Disputes involving real estate agents

In recent years I have acted for and against many firms of estate agents, including in many disputes between agencies and former salespeople involving allegations of breach of restraint and misuse of confidential information. I have also acted in many disputes involving allegations of misleading or deceptive conduct in the marketing and sale of properties.

Vaspip 2 v Thorn Group

[2020] VSC 700

Supreme Court of Victoria (Riordan J). Junior to Simon Wilson, QC. Validity of requisition for a general meeting of members pursuant to Section 249D of the Corporations Act; validation of deficiencies in the requisition pursuant to section 1322.

Nastas Investments v Think Partitions

[2020] VSC 653

Supreme Court of Victoria (Delaney J) Acted for the applicant in an application to appoint a receiver, alternatively new trustee, to a trust. The Court found that the grounds to appoint a receiver were made out and the situation justified the removal of the trustee. The trustee had engaged in significant misconduct, including by causing the trust to incur legal fees for the personal benefit of the trustee's sole director. His Honour, by his judgment, offered the trustee and its director an opportunity to give undertakings to the Court to avoid the necessity that a receiver be appointed.

KR Peters Real Estate v Hickey

[2020] VSC 531

Supreme Court of Victoria (Ierodiaconou AsJ) [2020] VSC 531 Application for an interlocutory injunction on behalf of a real estate agency against a former employee. Non-solicitation; restraint; return of company property; misuse of confidential information.

Makfam & Anor v CV Australia & Ors

[2020] VSC 296

Supreme Court of Victoria (Riordan J) Application to restrain the former solicitor for a company from acting for one group of shareholders in that company in an oppression claim against the other shareholders. This application took place in the course of a substantial, long-running dispute.

El Rashidy v El Rashidy & Anor

[2020] FamCAFC 40

Full Court of the Family Court of Australia (Ainslie-Wallace, Aldridge and Watts JJ) Interlocutory appeal in relation to legal professional privilege in documents produced to the Court by the husband's lawyers and accountants.

Sox Holdings v South East Developments & Anor

[2018] VCC 1864

County Court of Victoria (Judge Dean). A 15 day trial. The principal issues were the construction of a commercial contract, the implication of a good faith term and whether the termination of a contract involved the breach of that term. The proceeding also involved complex causation issues, issues as to the credit of witnesses, waiver of client legal privilege and a freezing order

Knights Quest v Daiwa Can & Anor

[2018] VSC 426

Supreme Court of Victoria (Sifris J). Junior to Noel Magee, QC A substantial corporate oppression proceeding involving an express contractual obligation to act in good faith and use reasonable endeavours. Winding up on the just and equitable ground. See also [2018] VSC 551 (dispensation with compliance with section 465A of the Corporations Act; final orders; stay pending appeal; costs in circumstances of multiple proceeding with varying parties)

Banking Royal Commission - Dover Financial Advisers

Dover Financial Advisers - submission to the Royal Commission

Sole counsel for a party with leave to appear in the financial advice part of the Commission.

He & Ors v Huang and Top Union Business Pty Ltd (in liq)

[2017] VSCA 349

Victorian Court of Appeal (Santamaria, Beach and Kaye JJA). Conversion; identification of goods the subject of a claim in conversion; holding a party to its pleaded case. Also, see [2017] VSCA 102 (stay on appeal; security for costs on appeal) and [2017] VSCA 356 (costs on appeal; complex, lengthy proceedings; different parties to claim and counterclaim)

Whitehead ats BJ Bearings

Supreme Court of Victoria. Junior to Richard Attiwill, QC. A substantial dispute involving allegations that a restraint given in a hybrid sale of business / employment context had been breached, and including a claim in conspiracy. Settled in July 2017 shortly before trial. A decision of Hargrave J in relation to an application for preliminary discovery is at [2016] VSC 44

Owners Corporation Plan No. PS 409234V v Barouche & Ors

[2017] VSC 143

Supreme Court of Victoria (Bell J) . Appeal from VCAT; proportionate liability; scope of duty of care owed by solicitors

Knights Quest & Anor v Barokes & Anor

(2016) 51 VR 540; (2016) 113 ACSR 505; [2016] VSC 296

Supreme Court of Victoria (Sifris J), Junior to Greg Harris QC. An application by minority shareholders for leave to bring a derivative action on behalf of a company against its majority shareholder. See also [2016] VSC 737 (variation of an injunction and undertakings) and [2015] VSC 601 (Application for leave to bring a derivative action).

He v Huang

[2016] VCC 1658

County Court of Victoria (Judge Macnamara). A lengthy trial involving the defence of claims of breaches of an oral contract, estoppel and conversion in a context of complicated and confusing oral dealings in the Mandarin language. Issues arising included the admissiblity of transcripts of a secretly-recorded converation in Chinese; an application pursuant to section 49 of the Civil Procedure Act to curtail cross-examination and the costs orders which ought be made where there was mixed success and common representation.

Commissioner of State Revenue v Kimiora

(2016) 309 FLR 277; [2016] FCCA 1229

Federal Circuit Court of Australia (Judge Wilson), with Dimitri Ternovski. Bankruptcy; issues in the swearing of an affidavit; proper basis to calculate interest in respect of judgment debts arising under the Taxation Administration Act (Vic); principles of statutory interpretation.

Lo and Tan v Russell

[2016] VSCA 323

Court of Appeal (Warren CJ, Tate and McLeish JJA). Junior to Robert Hay QC. A dispute as to whether the purchasers of a property had validly exercised their right to 'cool off' from a purchase of property. The case involved the interpretation of section 31 of the Sale of Land Act, consideration of the extent of the agency of a real estate agent engaged to sell a property and construction of the standard-form contract of sale of land. Also [2017] VSCA 14 and [2016] VSC 93 (the trial before Cameron J)

Prestige Lifting Services v Williams & Ors

(2015) 333 ALR 674; [2015] FCA 1063

Federal Court of Australia (Beach J). Breaches of statutory duty as director, officer and employee; breaches of employment contract; breaches of duty of fidelity and good faith; breaches of fiduciary duty; breaches of equitable duty of confidence; diversion of business opportunities; knowing assistance in breaches

Land Management Holdings v Sherbourne Insurance Services

County Court of Victoria (Judge Bowman) The trial of a dispute between an insured and its insurance broker. Issues included the admissibility of expert evidence, causation and proof of loss.

Kennewell v Atkins (trading as Cardinia Waste & Recyclers)

[2015] FCA 716

Federal Court of Australia (Tracey J). A general protections (adverse action) application. Issues included whether the employee's complaints regarding his rate of pay were a substantial and operative reason for his dismissal; whether reinstatement was an appropriate remedy; how compensation ought be calculated; pecuniary penalties.

Commissioner of State Revenue v Carmrer Pty Ltd & Ors

[2014] VSC 571

Supreme Court of Victoria (Efthim AsJ). Appeared for the Commissioner to obtain a personal costs order against a company director on the basis he had caused delay in the course of an application to wind up companies of which he was sole director.

Prestige Lifting Services v Wood

[2014] VSC 465

Supreme Court of Victoria (appeal from Magistrates Court) (Ginnane J). Whether one director of a company is authorised to retain a solicitor on behalf of the company.

Sweeney and Australian Information Commissioner and APRA

[2014] AATA 539

Administrative Appeals Tribunal (Deputy President Constance) See also Re Sweeney and Australian Information Commissioner (2014) 64 AAR 186; [2014] AATA 531) Appeared for the Australian Prudential Regulation Authority (APRA) in an appeal against a decision of the Australian Information Commissioner to declare Mr Sweeney a vexatious applicant pursuant to the Freedom of Information Act.

Whijohn & Anor v Coastzone

[2014] VCC 242

County Court of Victoria (Judge Cosgrave). A lengthy trial involving consumer law; admissibility of expert evidence; competing expert (engineering) evidence; credit of witnesses. Also [2014] VCC 1402.

Re Mischel & Co Pty Ltd (in liq)

(2014) 284 FLR 320; (2014) 100 ACSR 125; [2014] VSC 140

Supreme Court of Victoria (Robson J) Inspection of books and records of a company in liquidation

Vendor Advocacy Australia Pty Ltd v Seitanidis

(2013) 103 IPR 1; [2013] FCA 971

Federal Court (Middleton J) Misleading conduct, passing off, breach of the Copyright Act; copyright in a real estate listing authority and in the text of a website; misleading conduct and passing off in the context of descriptive names and phrases; the relevance of proof of reputation in misleading conduct claims; relevance and proof of the respondent's intent to take advantage of the applicant's reputation in a misleading conduct claim. See also [2013] FCA 1390 (Injunctions; declarations; indemnity costs; costs where nominal damages are awarded on a claim for copyright infringement; an application for damages for loss sustained by reason of an injunction)

Wyman v R T Edgar Bellarine

[2013] VCC 567

County Court of Victoria (Judge Anderson) Negligence; real estate agents; proportionate liability

ACCC v TPG Internet (No 2)

[2012] ATPR ¶42-402; [2012] FCA 629

Federal Court (Murphy J). Junior to Peter Riordan, SC and with Marcus Hoyne. A hearing to determine the penalties to which TPG Internet ought be subject under the Trade Practices Act and Australian Consumer Law, it having been found in an earlier trial to have engaged in misleading or deceptive conduct.

Giacobbe v Giacobbe

[2012] VSC 285

Supreme Court of Victoria (Ferguson J). An application to wind up a trustee company on the just and equitable ground in the context of a total breakdown in the relationship between the people involved in the trust. Also Re Inon Nominees (in liquidation) [2013] VSC 211.

McLean Delmo v GEO Corporation & Georgiou

[2012] VCC 511

County Court of Victoria (Judge Ginnane) A dispute between an accounting firm and a former salaried partner involving allegations of breach of a restraint of trade clause, misuse of confidential information and breaches of fiduciary duty. Equitable defences were raised.

Gibbins Investments Pty Ltd v Savage

(2011) 84 ACSR 1; [2011] FCA 527

Federal Court (Gordon J) With Anthony Rodbard-Bean Interpretation of a company’s Constitution, breaches of contract, estoppel.

Nexus Adhesives & Ors ats RLA Polymers

(2012) 97 IPR 160; [2012] FCAFC 135

Full Federal Court (with Travis Mitchell). Misuse of confidential information, trade secrets; the springboard doctrine and a misleading conduct claim in the context of a new business set up by former employees in competition with their former employer. The trial was before Justice Ryan of the Federal Court. I appeared as Junior to Josh Wilson, SC. It was reported at (2011) 280 ALR 125; [2011] FCA 423. See also [2011] FCA 606

JSM Management v QBE

[2011] VSC 339

Supreme Court of Victoria (Osborn J) Junior to Peter Riordan, SC. Insurance dispute. Interpretation of an insurance contract. Interpretation of 'wear and tear' and an exclusion for failure to take reasonable precautions. See also [2010] VCAT 1243.

Vigliaroni v CPS Investment Holdings Pty Ltd

(2009) 74 ACSR 282; 27 ACLC 1527; [2009] VSC 428

Supreme Court of Victoria (Davies J). Junior to Noel Magee, QC A substantial corporate oppression proceeding. The Court found that Mr Vigliaroni had been oppressed, and ordered that he buy out the oppressor. Related proceedings involved the misuse of confidential information and the validity of a caveat.

From 07 Aug 2008, liability limited by a scheme approved under Professional Standards legislation.