BARR, Brad

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BARR, Brad


 

Brad has a commercial and common law practice. He has a particular interest in class actions, building and construction, insurance and property matters. 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:

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 - Where the defendants rejected the plaintiff's earlier offers of compromise - Where the settlement sum was significantly greater than the rejected offers - Whether a court can award indemnity costs after a 'no less favourable' settlement outcome - Supreme Court Act 1986, s 24(1) - Supreme Court (General Civil Procedure) Rules 2015, rr 63.28 and 63.31 - Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] VSCA 298 considered - Ugly Tribe Co Pty Ltd v Sikola [2001] VSC 189 considered - Application refused)

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 — National Trustees Executors & Agency Company of Australasia Ltd v Barns [1941] HCA 3; (1941) 64 CLR 268 — Nolan v Collie (2003) 7 VR 287 — Trustee Act 1958, s 36(2) — Supreme Court (General Civil Procedure) Rules 2015, r 63.26)

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 - Authorities on operation of rule to manslaughter reviewed - Nature and scope of rule discussed - Helton v Allen (1940) 63 CLR 691 and Troja v Troja (1994) 33 NSWLR 268 considered - Cases of manslaughter to be considered on case-by-case basis - In circumstances of this case, appellant not entitled to benefit from the death she caused - Rule applies to prevent appellant from inheriting - Appeal dismissed)
  • 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 allowing payment of the fund to a specified third party on request - 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) ('the Act') - Distinction between ss 58 and 60 of the Act - Whether good cause also shown why s 58 of the Act should not apply - Whether initial letters to defendants constitute demands for payment pursuant to s 58(1) - Interest awarded under s 60 of the Act)
  • 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.


 


 

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