BARR, Brad

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BARR, Brad


Brad specialises in commercial law and common law matters. He has a particular interest in class actions, insurance, building, property and construction proceedings. He also has discrete practices in wills and estates, employment, dust diseases and sports law.

Brad appears regularly in all state and federal courts and tribunals, interlocutory applications and mediations. He accepts briefs to appear, advise and draft pleadings and other documents.

Brad was previously a solicitor at Allens. His practice included commercial litigation, insurance and professional negligence.

In 2009, Brad was an associate at the Supreme Court of Victoria in the Court of Appeal. He worked on cases involving complex questions of civil procedure, torts, contract law, equity and property law.

Brad completed his undergraduate Law degree at Monash University and is a Masters of Law graduand at the University of Melbourne, both with honours. He won a number of academic prizes during his studies.

Brad is a member of the Victorian Bar News Editorial Committee.

Selected cases:

2019:

  • RNB Equities Pty Ltd v Credit Suisse Investment Services (Australia) Ltd [2019] FCA 760 (led by G Bigmore QC) (Jurisdiction of Federal Court of Australia - Where federal claim of market manipulation against second respondent - Where separate claim against first respondent for breach of product disclosure statement - Whether "matter" arising under Corporations legislation or under any laws made by Commonwealth Parliament - Accrued jurisdiction - Whether common substratum of facts with federal claim - whether separate and disparate from federal claim)
  • Haichkay Pty Ltd v Sacco [2019] VSC 196 (Summary judgment – Whether defendant has real prospect of success on her defence – Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd [2013] VSCA 158; (2013) 42 VR 27 – National Credit Code (Schedule 1 to the National Consumer Credit Protection Act 2009 (Cth)) does not apply – Jams 2 Pty Ltd & Ors v Stubbings (No 3) [2019] VSC 150 applied)
  • Baird v Baird [2019] VSC 59 (Real Property – Application to remove caveats – Administration of estate – Caveats lodged by residuary beneficiary – No serious question to be tried – Commissioner of Stamp Duties (Qld) v Livingston (1964) 112 CLR 12 - Summary Recovery of Land – Application by executor of deceased estate under order 53 Supreme Court (General Civil Procedure) Rules 2015 for orders to allow sale of deceased’s property – Residuary beneficiary in possession as licensee – Order for possession made – Parker v Mielicki [2003] VSC 263 – Kempson v Davison [2016] VSC 366)

2018:

  • Amaca Pty Ltd v CSR Ltd [2018] VSC 67 (led by B Quinn QC) (Costs - Proceeding settled on terms the defendants will pay the plaintiff's costs to be agreed or as determined by the Court - Application for indemnity costs)
  • Orlson Property Pty Ltd v Three Pillars Martha Cove Pty Ltd (2018, Supreme Court, settled) (Property Law Act 1958 (Vic), s 49 - Purchase of property off the plan - Property not constructed in accordance with plans - Failure to settle)
  • After Care Investments Pty Ltd v T-Rain Enterprises Pty Ltd (2018, Supreme Court, settled) (Corporations Act 2001 (Cth), s 459H - Application to set aside statutory demand)
  • Bryar v Seltsam Pty Ltd (2018, Supreme Court, led by M Thompson QC, settled) (Torts - Exposure to asbestos dust and fibres - Contribution)
  • Howard v Seltsam Pty Ltd (2018, Supreme Court, led by S Keeling, settled) (Torts - Exposure to asbestos dust and fibres - Contribution)
  • A&B Earthmoving Pty Ltd v Shane Muir Consulting Engineers Pty Ltd (2018, VCAT, settled) (Construction - Time for practical completion - Entitlement to extension)
  • Gribble v Roveal Pty Ltd (2018, VCAT, settled) (Contract - Sale of vessel - Defects - Works - Associated costs - Australian Consumer Law, s 54)

2017:

  • Williams v AusNet Electricity Services Pty Ltd (2017, Supreme Court, led by G Harris QC and with T Jeffrie, settled) (Negligence - Mickleham bushfire class action - Whether duty of care owed by consulting arborist - Scope and content of duty - Whether breach of duty in assessing tree that subsequently failed onto powerline - Whether legal and factual causation established - Apportionment - Contribution)
  • Defina v Matina [2017] VSC 106 (Costs — Where beneficiary seeks his costs be paid personally by trustees — Where trustees seek their costs be paid from the trust)
  • PT Earthworks Pty Ltd v Gijsen (2017, VCAT, settled at hearing) (Injunctions - Declarations - Location of boundary wall - Reinstatement and maintenance of boundary wall)

2016:

  • Shareholder class action (2016, Federal Court, settled) (confidential preparatory work for a significant shareholder class action which settled prior to trial)
  • CSR Ltd v Amaca Pty Ltd [2016] VSCA 320 (led by B Quinn QC) (Torts - Contribution claims between tortfeasors - Exposure - Inferences - Causation - Evidence - Hearsay - Exceptions to hearsay - Revival of memory - Reading aloud parts of a document - Limitation of Actions - Equity - Contribution - Partners - Coordinate liabilities - Defences - Laches)
  • Edwards v State Trustees Ltd [2016] VSCA 28 (Wills and estates - Forfeiture rule - Appellant convicted of defensive homicide of husband - Appellant principal beneficiary under husband's will - Whether rule flexible in nature - Whether rule equitable in nature)
  • Knowledge Pathways Pty Ltd v TBM Training Pty Ltd [2016] VSC 434 (led by P Corbett QC) (Contractual interpretation - Undertaking to preserve fund pending resolution of proceeding - Undertaking subject to an exception - Whether undertaking given by company and its CEO jointly, or only by the company - Whether fund paid to third party under terms of the exception)
  • McClernon v TAL Life Limited (2016, Supreme Court, with T Wodak, settled) (Life insurance - Superannuation trust - Whether breach of life insurance policy - Whether breach of insurer's duties - Whether breach of trust deed - Whether breach of trustee's duties)

2015:

  • Amaca Pty Ltd v CSR Ltd [2015] VSC 582 (led by B Quinn QC) (Tort - 204 claims for contribution between tortfeasors - Whether plaintiff proved exposure of injured persons to asbestos manufactured or supplied by defendants - Equity - Recovery of contribution upon the discharge of a coordinate liability - Limitation of actions - Statutory construction of s 24(4) Wrongs Act 1958 (Vic) - Application of statutory limitation provisions to equitable actions for contribution by the doctrine of analogy - Equity - Defences of laches, acquiescence and waiver - Evidence - Whether statements made to doctors by unavailable witnesses were admissible to prove a person's exposure to asbestos - Hearsay - Exceptions to hearsay)
  • Amaca Pty Ltd v CSR Ltd (No 2) [2015] VSC 605 (led by B Quinn QC) (Interest - Interest payable on contribution awarded pursuant to Part IV of the Wrongs Act 1958 (Vic) - Interest payable on contribution awarded by way of equitable remedy for the discharge of a coordinate liability - Whether interest should be awarded under s 58 or s 60 of the Supreme Court Act 1986 (Vic))
  • RCTC v Knox City Council (2015, Supreme Court, led by N Hopkins QC, settled) (Negligence - Whether duty of care owed by local authority - Brookfield Multiplex v Owners - Strata Plan No 61288 [2014] HCA 36 - Breach of statutory duty - Breach of contract - Contribution and indemnity)
  • Younis v Varveri (2015, Supreme Court, led by P Jewell QC, settled) (Negligence - Contribution proceedings - Occupiers' Liability - Duty of care - Scope and content of duty - Contractual indemnity)
  • Jones v Spriggs (2015, Supreme Court, settled) (Employment agreement - Restraint of trade - Confidential information - Declarations - Injunctions)
  • DCWC Services Pty Ltd v Goves (2015, Federal Court, led by A Panna QC, settled) (ss 182, 183 Corporations Act 2001 (Cth) - Enforceability of employment agreements and shareholder agreement - Breach of employment agreements and shareholder agreement - Breach of fiduciary duties - Confidential information - Declarations - Injunctions)
  • TAC v Gotts [2015] VCC 1380 (led by P Rattray QC) (Transport Accident Act 1986 - TAC provided indemnity to defendant in earlier s 93 proceedings - Whether defendant has indemnity pursuant to s 94 of the Act in recovery proceedings brought by TAC pursuant to s 104(1) - In s 93 proceedings TAC provided defendant with indemnity by deed of release - Estoppel by deed of release - Whether principles of Anshun estoppel, estoppel and approbation and reprobation apply)
  • Emmanuel v Kalcic (2015, County Court, settled) (Contract of sale of real estate - Construction of special condition - Whether entirely for the benefit of the purchaser - Whether purchaser entitled to waive special condition)

2014:

  • Downes v Maxwell Richard Rhys & Co Pty Ltd (in liq.) [2014] VSCA 193 (led by R Kendall QC) (Procedural fairness - Self-represented defendants - Where prima facie proof of claim - Where invitation by judge to defendants to rely on submissions - Where no explanation of possible reasoning by reference to Jones v Dunkel(1959) 101 CLR 298 - Where affidavit used for purposes other than that for which it was admitted - Obligations of trial judge - Re Refugee Tribunal; Ex parte Aala (2000) 204 CLR 82 applied)
  • Downes v Maxwell Richard Rhys & Co Pty Ltd (in liq.) (2014, Court of Appeal, led by R Kendall QC, unreported) (Practice and procedure - Application for reinstatement - Granted)
  • Re Edwards; State Trustees Ltd v Edwards [2014] VSC 392 (led by A Ryan QC) (Wills and estates - Principal beneficiary under will convicted of defensive homicide of the deceased - Whether forfeiture rule applies - Whether discretion not to apply forfeiture rule - Whether constructive trust should be imposed - Whether gift over saved by the rule in Jones v Westcomb (1711) Prec Ch 316; 24 ER 149 applies - Supreme Court (General Civil Procedure) Rules 2005, r 54.02)
  • Singyang Pty Ltd v Nando's Australia Pty Ltd (2014, Supreme Court, led by N Hopkins QC, settled) (Franchise agreement - Franchising Code - Consent to transfer of franchise)
  • Parsons v Director of Housing & Management Maintenance and Development Pty Ltd [2014] VCC 2175(Practice and procedure - Want of prosecution - Failure to comply with orders)

2013:

  • Southlink Holdings Pty Ltd v Cullia (2013, Supreme Court, led by N Hopkins QC, settled) (Breach of contract - Mutual mistake - Misleading or deceptive conduct - Lien - Caveat - Breach of guarantee - Estoppel)
Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.

 


 

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