MASON, Brian

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MASON, Brian



Brian’s practice primarily encompasses commercial law, administrative law, building and construction law and employment law matters.

Matters in which he has appeared include:

  • Kamasaee v Commonwealth (ongoing) – negligence and false imprisonment class action brought against the Commonwealth and others by a former detainee at the Manus Island Regional Detention Centre (led by Christopher Blanden QC)
  • V601 Developments Pty Ltd v Probuild Constructions (Aust) Pty Ltd (ongoing) –liquidated damages and delay claims regarding a multi-purpose development at Victoria Street, Abbotsford (led by Nick Hopkins QC)
  • Adaz Nominees Pty Ltd v Castleway Pty Ltd (ongoing) – regarding the interpretation and application of a services agreement (led by George Golvan QC)
  • Stirling v Minister for Finance – judicial review (led by Timothy McEvoy QC)
  • ‘Chess clock’ arbitration before Sir Vivian Ramsey regarding variations, provisional quantity items, latent conditions and delay claims in connection with a highway duplication project (led by Jeff Gleeson QC)
  • Arbitration before Paul Santamaria QC regarding variation and delay claims in connection with a gas pipeline project in Queensland (led by Nick Hopkins QC)
  • Façade Treatment Engineering Pty Ltd (in liquidation) v Brookfield Multiplex Constructions Pty Ltd [2016] VSCA 247 – recovery of amounts payable under the Building and Construction Industry Security of Payment Act 2002 by companies in liquidation (led by Ian Upjohn CSC QC)
  • BAO Engineering Pty Ltd v LWY Constructions Pty Ltd – application to set aside a statutory demand seeking to enforce an adjudicator’s determination purportedly issued under the Building and Construction Industry Security of Payment Act 2002, and award of indemnity costs
  • Orora Ltd v Lindsay Australia Ltd [2015] VSC 197 and [2015] VSC 215 – application for an interlocutory injunction and alleged breaches of a distribution agreement (led by Don Fraser QC and Stewart Anderson QC, respectively)
  • Auss Metals Pty Ltd v Express Mobile Services Australia Pty Ltd [2015] FCA 745 – application for costs against a legal practitioner (led by Tony Rodbard-Bean)
  • Small Business Commissioner reference for advisory opinion [2015] VCAT 478 – application for an advisory opinion regarding landlords and tenants’ liabilities in relation to essential safety measures (led by George Golvan QC)
  • Reasonda v Mardel Developments (Aust) Pty Ltd [2015] VCAT 231 – breach of warranties under the Domestic Building Contracts Act 1995
  • Chief Executive Officer of the Australian Sports Anti-Doping Authority v 34 players and one support person [2014] VSC 635 – subpoena application under the Commercial Arbitration Act 2011 (led by Tony Rodbard-Bean)
  • In re the estate of Geoffrey Campbell Barrow; Poole v Barrow [2014] VSC 576 – testator family maintenance application (led by Samantha Marks QC)
  • Hodder v Hamilton and Fitzpatrick [2014] VSCA 279 – appeal regarding the trial judge’s exercise of discretion to exclude evidence (led by Christopher Blanden QC)

Brian’s work on commercial and public law issues has been published in numerous Australian and international journals, including the Public Law Review, the Journal of Equity, the Lloyd’s Maritime and Commercial Law Quarterly and the International Construction Law Review.

He also contributed winning entries to the 2012 and 2013 Brooking Prize competitions conducted by the Society of Construction Law, Australia.

Brian’s experience before coming to the Bar included seven years as a solicitor at Minter Ellison and Mallesons Stephen Jaques (now King & Wood Mallesons) in Melbourne, and Herbert Smith (now Herbert Smith Freehills) in London, and as an in-house legal adviser at the Victorian Department of Premier and Cabinet.

He holds a Master of Laws (2016) from the University of Melbourne, and first class honours degrees in Commerce and Law from Monash University (2004).


“From 24 Oct 2013, liability limited by a scheme approved under Professional Standards legislation.”


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