TEHAN, Myles

Enquiry / Availability

TEHAN, Myles


Areas of Practice

  • Administrative Law
  • Banking & Finance
  • Commercial
  • Competition Law
  • Contract
  • Corporations
  • Defamation
  • Equity, Equitable Relief, Trusts
  • Media
  • Professional Negligence
  • Securities
  • Torts
  • Trade Practices
 

 

Myles Tehan practises primarily in commercial law.

He accepts briefs to advise and appear in all areas of commercial law, and has particular experience in matters involving contract, equity, corporations, class actions, trade practices (including competition and cartel matters), banking, insurance, property, and telecommunications.He also practises in matters involving media and defamation.

Myles also acts in administrative and regulatory matters, including acting for and against government departments and regulators, providing advice to private organisations concerning the operation of legislation, and conducting judicial review proceedings.

He has significant experience in sports law matters, including as acting as Counsel Assisting the AFL Tribunal in the Essendon supplements matter.He appears before domestic sporting tribunals, and sits as a tribunal member from time to time.

Some recent or significant matters in which he has appeared include the following:

Commercial

  • Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (2018, unled)
  • An application for leave to bring a derivative proceeding (unled): Li v Dao [2018] VSC 530
  • A dispute between the Liberal Party (Victorian Division) and its major donor (led by Allan Myers QC and Ian Hardingham QC, with Justin Graham): Alston v Cormack Foundation Pty Ltd [2018] FCA 895
  • A dispute concerning the sale and development of land, involving claims based on fiduciary duties, Barnes v Addy and trade practices (ongoing, led by Anthony Schlicht): see, for example, Coonwarra Pty Ltd v Cornonero Pty Ltd & Ors [2018] VSC 333
  • A matter concerning various claims arising from the administration of family trusts (led by Rodney Garratt QC): Guest v Guest (2016-2018, Supreme Court, settled prior to trial)
  • For various defendants in the Timbercorp and Great Southern debt recovery proceedings (ongoing, unled)
  • A matter involving contract, conspiracy, deceit, unconscionable conduct and statutory claims (led by Michael Wyles QC and Tim McEvoy QC): Whirlpool (Australia) Pty Ltd v Castel Electronics Pty Ltd (2017, Federal Court, matter settled during trial)
  • A matter concerning principles of contractual interpretation (led by Rodney Garratt QC): Apple & Pear Australia Ltd v Pink Lady America LLC [2015] VSC 617; [2016] VSCA 280; [2015] HCATrans 348; [2015] HCATrans 349; [2017] HCASL 83
  • An appeal concerning the application of Anshun estoppel to group proceedings (led by Alan Herskope, with Lucy Kirwan): Timbercorp Finance Pty Ltd v Collins & Tomes [2016] VSCA 128
  • A matter involving allegations of conspiracy against liquidators in the winding up of a business (led by Paul Hayes): see, for example, Bridge Bar Investments Pty Ltd v Dog At The Bridge Pty Ltd & ors [2016] VSC 224(Supreme Court, settled prior to trial)
  • A matter concerning constructive trusts and fiduciary duties (led by Ross Macaw QC in the Court of Appeal and later by Michael Borsky QC): see, for example, Feiglin v Ainsworth [2015] VSCA 326 (Supreme Court, settled prior to trial)

 

Administrative / regulatory

  • A statutory interpretation matter concerning forestry operations (led by Peter Hanks QC, with Julia Watson): Friends of Leadbeater’s Possum Inc v VicForests [2018] FCA 178
  • A contempt proceeding arising from breaches of an employment agreement and subsequent court orders (unled): Toll Transport Pty Ltd & Ors v Erikson (No.2) [2018] FCCA 308
  • Acting for a pharmacist facing disciplinary action (unled): Pharmacy Board of Australia v Balci (Review & Regulation) [2017] VCAT 1309
  • A proceeding before the Mining Warden on behalf of the relevant Victorian government department (unled): Hercules Mining v Department of Economic Development, Jobs, Transport and Resources (2017-2018)
  • Acting for a teacher facing disciplinary action in the Disciplinary Appeals Board (2015, unled)
  • A migration appeal concerning a visa cancellation (with Nick Wood): Contreras v Minister for Immigration and Border Protection [2014] FCA 1381; [2015] FCAFC 47

 

Sports / media / defamation

  • A proceeding involving claims for defamation and breach of contract (ongoing, unled): The School for Excellence Pty Ltd v Trendy Rhino Pty Ltd [2018] VSC 514
  • Various applications concerning suppression orders, both for parties and for media organisations, including appeals: see, for example, Chaarani & Mohamed v CDPP [2018] VSCA 299 (unled)
  • An application to extend a limitation period for a defamation proceeding (unled): Brott v FGD Pty Ltd [2018] VSC 182
  • Appearing on behalf of an interested party in a racing doping matter (unled): Kavanagh and O'Brien v Racing Victoria Limited [2017] VCAT 386
  • Counsel assisting the AFL Anti-Doping Tribunal in the Essendon supplements matter (2014-15)
  • Acting in a proceeding brought by a horse trainer against a disqualification for doping (Supreme Court of Queensland).
  • A more complete list of matters, or a CV, can be provided on request.
  • Before coming to the bar, Myles was a Senior Associate in the Dispute Resolution group at King & Wood Mallesons (previously Mallesons Stephen Jaques). He spent over seven years at Mallesons, and worked on a broad range of disputes in most Victorian and NSW courts, in the Federal Court, and in arbitrations.
  • Myles has authored various articles and book chapters on a range of topics, including on suppression orders and actions for damages arising from cartel conduct.He is regularly asked to speak at various seminars, and has presented on a wide range of topics, including contractual interpretation, pleadings, alternative dispute resolution and sports law. He is a reporter for the Victorian Reports.
  • Prior to undertaking his Articles, Myles spent a year as an Aide to two Governors of Victoria - John Landy AC MBE and Professor David de Kretser AC.

 


From 23 Oct 2014, liability limited by a scheme approved under Professional Standards legislation 

 

 

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