STRAHAN, Anthony QC

Enquiry / Availability

STRAHAN, Anthony QC


Areas of Practice

  • Administrative Law
  • Banking and Finance
  • Bankruptcy and Insolvency
  • Commercial
  • Corporations
  • Defamation
  • Equity/Equitable Relief/Trusts
  • Insurance
  • Landlord and Tenant
  • Media
  • Professional Negligence
  • Property Law
  • Trade Practices
 

Anthony Strahan practises in a wide range of commercial and civil matters. He has acted in complex commercial trials for corporations involved in media, telecommunications, banking (including banking supervision), oil & gas and pharmaceuticals. He also acts regularly for private companies and individuals, including in respect of "civil penalty" proceedings by regulatory authorities. From 2001 to 2003 he was an associate with Freshfields Bruckhaus Deringer in London. Prior to that he worked for Minter Ellison in Melbourne. He regularly acts as mediator for court ordered mediations.

Selected cases:

Xiao Hui Ying v Perpetual Trustees Victoria Ltd [2015] VSCA 124 Transfer of land by husband to wife without monetary consideration — Where husband used wife’s name in fraudulent design to obtain finance on land in excess of its true value — Whether natural love and affection constitutes valuable consideration — Whether presumption of resulting trust arose — Whether presumption of advancement rebutted.

Perpetual Trustees Victoria Ltd v Xiao [2015] VSC 21 Whether registered mortgage secures amount owing under forged loan agreement — Resulting trust — Whether presumption of advancement rebutted — Whether husband authorised to sign wife’s name on mortgage and related loan agreements — Whether forged loan agreements capable of ratification.

ASIC v Australian Property Custodian Holdings Limited (Receivers and Managers appointed) (in liquidation) (Controllers appointed) [2014] FCA 1308 Corporations - Managed investemtent scheme - breach of duty by officers of Responsible Entity - penalties.

Setka v Abbott (2014) 44 VR 352 Defamation - Justification — Contextual truth — Whether Hore-Lacy wrongly decided — Whether justification defence pleaded in reliance upon Hore-Lacy part of “general law“ preserved by ss 6(2) or 24(1), Defamation Act — Whether imputations permissible variants of plaintiff’s imputations in accordance with Hore-Lacy — Whether justification defence should be struck out as bad in form.

TPI Enterprises Ltd v Poppy Growers Tasmania Inc [2014] VSC 518 Summary judgment application — Whether first defendant acting “in trade or commerce“ — Whether publication capable of giving rise to pleaded imputations — Section 18, Australian Consumer Law — Section 63, Civil Procedure Act 2010.

Brazis v Rosati [2014] VSC 385 Commercial arbitration - oppression application under the Corporations Act 2001 (Cth) and other claims under the Act — Application under s 8 of the Commercial Arbitration Act 2011 (Vic) for a stay of oppression application — Whether an oppression application under the Corporations Act was the subject of an arbitration agreement.Jaques v AIG Australia Ltd [2014] VSC 269 Insurance - Construction of policy — Investment management insurance policy — Special excess limit for non-executive directors — Whether plaintiff a non-executive director at relevant time.

Investec Bank (Aust) Ltd v Gadens Lawyers (a firm)[2014] VSCA 40 Bailment - What constitutes — Whether arrangement amounting to bailment of containers or merely licence — Whether bailment extending to contents of containers — Whether sufficient notification to occupier of general quality and value of contents.

Setka v Abbott (No 2) [2013] VSC 726 Defamation — Defences — Polly Peck imputations — Contextual truth imputations — Whether imputations bad in form — Whether Polly Peck defence a defence known to law - Defamation Act 2005, ss 6, 8, 24, 25 and 26.

ASIC v Australian Property Custodian Holdings Ltd (Receivers and Managers appointed) (in liq) (Controllers appointed) (No 3)[2013] FCA 1342 Corporations - Managed Investment Scheme - Duties of responsible entity under s 601FC — Duties of officers o under s 601FD — Meaning of “best interests of members” — Conflict of interests — Conflict of interest and duty — Duty to give priority to members’ interests — Care and caution required where conflicts exist.

Setka v Abbott [2013] VSCA 345 Defamation - Interlocutory appeal — Leave to appeal — Defamation — Application to strike out defences — Application for leave to appeal dismissed.

Shearpond Pty Ltd v Atune Financial Solutions Pty Ltd (No 2) [2013] FCA 716 Civil procedure - Overarching obligations - Interlocutory application for preliminary determination of separate question dismissed by consent — Respondents failed to correct applicant’s erroneous assumption prior to application being made — Respondents should pay applicant’s costs.

ASIC v Australian Property Holdings Ltd (recs and mgrs apptd) (in liq) (controllers apptd) (No 2) 2013) 94 ACSR 492 - Corporations - Limitation of actions — Rule in Weldon v Neal — “Relation-back” principle — Limitations defence — No prejudice to defendants — (CTH) Corporations Act 2001 s 1317K — (CTH) Federal Court Act 1976 s 59(2B) — (CTH) Federal Court Rules 2011 Div 8.3, r 8.21, Div 16.5, rr 16.51, 16.53, 16.54 — (CTH) Federal Court Rules O13 r 3A.

Australian Property Custodian Holdings Ltd (in liq) (recs and mgrs apptd) (controllers appointed) v Woolridge (2013) 93 ACSR 382 Court exercising Federal jurisdiction — Section 79 of the Judiciary Act 1903 — Whether O 42 “picked up” by s 79 — Whether s 25 and other provisions of the Australian Securities and Investments Commission Act 2001 “otherwise provided” for the purposes of s 79 — Held that O 42 “picked up” and applicable to the proceeding.

ASIC v Ingleby [2013] VSCA 49 - Corporations - directors' duties contravention of s 180 of the Corporations Act 2001 (Cth) – agreement between ASIC and respondent that a pecuniary penalty of $40,000 be imposed with a disqualification for 15 months – Trial judge rejected agreed penalty – weight to be given to agreed penalty

Trkulja v Dobrijevic [2013] VSC 261 Defamation — Limitation of action — Extension of time application — Whether not reasonable in the circumstances for the plaintiff to have commenced proceeding within one year from date of publication — Limitation of Actions Act 1958, ss 5(1AAA) and 23B.

Xiao Hui Ying v Perpetual Trustees Victoria Ltd [2012] VSCA 316 - Appeal from order of trial judge refusing application to set aside judgment — Respondent mortgagee sought possession of residential property pursuant to an “all moneys” mortgage — Appellant raised defence that mortgage and loan documents tainted by fraud.

Trkulja v Google Inc LLC (No 5) [2012] VSC 533- Defamation - Whether Google a publisher - application for judgment non obstante veredicto

Setka v Abbott & Anor [2012] VSC 534- Defamation - Polly Peck imputations — Contextual truth imputations — Whether capable of arising — Whether imputations open to be pleaded by defendants — Whether Polly Peck imputations are permissible variants

Beerens v Bluescope Distribution Pty Ltd (2012) 39 VR 1 - Personal guarantee — Whether guarantee obtained under illegitimate pressure amounting to economic duress — Unconscionable conduct — Whether exercise of contractual rights was in contravention of implied obligation of good faith — Whether pressure analogous to knowing assistance in a breach of a fiduciary duty

Zhou v Kousal (2012) 35 VR 419 - Real property — Sale of land — Public auction — No reserve price- Equity — Unconscionable conduct — Judgments and orders — Writ of fieri facias — Obligations of sheriff

Groeneveld Australia Pty Ltd & Ors v Wouter Nolten & Ors (No 4) [2011] VSC 512 Res judicata — Allegation that plaintiffs entitled to an order that defaulting fiduciary account for profits made by companies by reason of fiduciary’s conduct — Right of the plaintiffs to an order that defaulting fiduciary jointly and severally liable to account for profits - Whether open to defaulting fiduciary after taking of accounts to dispute joint liability — Issue ought to have been raised at trial — Issue res judicata.

S E Vineyard Finance Pty Ltd (Receivers and Managers Appointed) v Casey [2011] VSC 403 - TRADE PRACTICES — Whether misleading and deceptive representations in prospectus for establishment of vineyard — Omissions — Whether credit provider knowingly concerned — Whether linked credit provider liable — Unconscionable conduct — Trade Practices Act 1974 (Cth)- fiduciary relationship — Equitable damages — Constructive trust.

Groeneveld Australia Pty Ltd v Wouter Nolten (No 3) (2010) 80 ACSR 562 Directors — Breach of duties — Equitable compensation appropriate — Whether calls for shares made in breach of duties — Misleading and deceptive conduct — Whether “good faith” implied term — Whether declaratory relief available.

Coastal Seafarms Holdings Pty Ltd and Anor v Port of Portland Pty Ltd [2010] VSC 167 - Apportionable claim — Concurrent wrongdoers — Application by defendant to join alleged concurrent wrongdoer as an additional party — Wrongs Act 1958 (Vic) Part IVAA.

AED Oil Ltd v Puffin FPSO Ltd (2010) 27 VR 22 - Arbitration — Application for stay of court proceedings — Enforcement of declarations made by arbitrators — International Arbitration Act 1974 (Cth).

Groeneveld Australia Pty Ltd and Ors v Nolten and Ors [2009] VSC 478 – Breach of fiduciary duty - Anti-suit Injunction — Contempt — Implied undertaking

VWA v Concept Hire Ltd (2009) 24 VR 695 – Insurance - Construction of terms — Indemnity given in respect of contractual claims, breaches of duty and Trade Practices Act claims

Soultanov v The Age Ltd & Anor (2009) 23 VR 182 – Defamation —Whether words capable of defamatory meaning pleaded by plaintiff — Defence of honest opinion.

Kennedy v Medical Practitioners Board of Victoria (2008) 21 VR 292 - Jurisdiction of Medical Practitioners Board to inquire into alleged unprofessional conduct of practitioner before commencement of Medical Practice Act 1994 (Vic)

Biota Scientific Management Pty Ltd & Anor v Glaxo Group Ltd & Ors [2008] VSC 110 – Breach of contract - Witness statements dealing with significant matters outside the pleadings.

Mobileworld Operating Pty Ltd v Telstra Corporation Limited [2006] FCA 743 – Trade Practices – Misleading and deceptive conduct

Mobileworld Operating P/L v Telstra Corporation Ltd [2006] VSC 164 - Construction of agreement — Declaration - whether matter hypothetical

Circuit Finance v Gardner [2006] VSC 70 - Lease – Partnership - Practice and procedure - unpaid costs — application to strike out defence to third party claim under r 63.03(3)

Li v Herald & Weekly Times Pty Ltd (2005) 13 VR 211 Libel — Request for particulars — Identity of prospective witness concerning justification defence — Request for identification of comment in fair comment defence

Robb and Dale v Chief Commissioner of Police [2005] VSC 310 Administrative law — judicial review — decision by Chief Commissioner of Police to dismiss officers — ultra vires — procedural fairness — apprehension of bias — relevant considerations.

Herald and Weekly Times Pty Ltd v A (2005) 160 A Crim R 299; [2005] VSCA 189 - Jurisdiction of Court of Appeal — Jurisdiction to entertain appeal from suppression order made by trial judge — Suppression order banning publication of details of accused awaiting trial

Re an Application by the Chief Commissioner of Police (Vic) (2005) 214 ALR 422; (2005) 79 ALJR 881; [2005] HCA 18 - Availability of appeal — Requirement of leave — Relevance of distinction between final and interlocutory orders — Denial of procedural fairness before Court of Appeal as ground of appeal to High Court.

Anthony Strahan also has experience in arbitrations, including a major international arbitration involving oil and gas interests in 2011.

 

 

'From 06/11/2008, Liability limited by a scheme approved under Professional Standards Legislation.'


 

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Excellent facilities in a bright and roomy environment. The McPhee Mediation Centre has been designed to create an environment conducive to obtaining successful mediation results. Its configuration allows you to bring parties together for mediation and then separate them from private consultation as required.

Phone: 9670 4003

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