WODAK, Tyson

Enquiry / Availability

WODAK, Tyson


 

Areas of Practice

  • Administrative
  • Bankruptcy & Insolvency
  • Commercial
  • Computers/IT
  • Contract
  • Corporations
  • Employment / Industrial
  • Equity/Equitable Relief/Trusts
  • Insurance
  • Intellectual Property
  • Partnerships
  • Professional Negligence
  • Securities
  • Trade Practices

 

Tyson was admitted to practice in Victoria in May 1998 and signed the Bar Roll in November 2005. He conducts a broad commercial litigation and advisory practice. Areas of particular interest include:

  • applications under the Corporations Act, particularly oppression proceedings and other shareholder/director disputes;
  • disputes arising from the intersection of intellectual property and commercial dealings. In recent years, this has included assisting numerous clients in respect of disputes involving:
    • allegations of the misuse of confidential information;
    • allegations that 'brands' have been misused. Frequently this will involve disputes in which questions of copyright infringement, trade mark infringement and passing off arise.
  • disputes involving allegations of misleading or deceptive conduct;
  • disputes arising out of restraint clauses - both in sale of business contexts and in the employment context.

A selection of matters in which Tyson has appeared are referred to below.

Tyson is a Graduate Member of the Australian Institute of Company Directors and is a member of the Bialik College school council. His post-graduate qualifications comprise a Masters Degree in Bioethics (Monash University), a Graduate Diploma in Applied Finance & Investment (Securities Institute of Australia) and completion of the Company Directors Course (Australian Institute of Company Directors).

Before coming to the Bar Tyson worked as a solicitor with Phillips Fox Lawyers (now DLA Piper), as a Senior Associate with Piper Alderman and as an executive in the technology industry. He was the co-founder of an Internet-based financial services company.

Tyson has a strong interest in medical and scientific ethics, and related issues. For more than 10 years he has been a member of the Ethics Committee of the Peter MacCallum Cancer Centre. In completing his Masters degree in Bioethics he earned high distinctions in the subjects ‘Ethical Issues in Professional Life’ and ‘Ethics’, and completed a short thesis on Ethical implications for the Australian Red Cross Blood Service of autologous blood donations. Tyson is available to advise on complex bioethical issues, for example to provide a reasoned ‘second opinion’ where difficult issues arise.

 

Banking Royal Commission - Dover Financial Advisers

Dover Financial Advisers - submission to the Royal Commission

Sole counsel for a party with leave to appear in response to the Round 2 hearings regarding financial advice.

Ekologix Australia

Supreme Court of Victoria. A substantial corporate oppression proceeding. Settled in May 2018 shortly before trial.

He & Ors v Huang and Top Union Business Pty Ltd (in liq)

[2017] VSCA 349

Victorian Court of Appeal (Santamaria, Beach and Kaye JJA). Conversion; identification of goods the subject of a claim in conversion; holding a party to its pleaded case. Also, see [2017] VSCA 102 (stay on appeal; security for costs on appeal) and [2017] VSCA 356 (costs on appeal; complex, lengthy proceedings; different parties to claim and counterclaim)

Whitehead ats BJ Bearings

Supreme Court of Victoria. Junior to Richard Attiwill, QC. A substantial dispute involving allegations that a restraint given in a hybrid sale of business / employment context had been breached, and including a claim in conspiracy. Settled in July 2017 shortly before trial. A decision of Hargrave J in relation to an application for preliminary discovery is at [2016] VSC 44

Barker & Ors v Barker & Ors

Supreme Court of Victoria. Junior to Philip Crutchfield, QC. A complex dispute among the owners of a business, involving a solvent liquidation and difficult issues in relation to the preparation of accounts. In-principle settlement reached in May 2017 shortly after the hearing commenced.

Owners Corporation Plan No. PS 409234V v Barouche & Ors

[2017] VSC 143

Supreme Court of Victoria (Bell J) . Appeal from VCAT; proportionate liability; scope of duty of care owed by solicitors

Knights Quest & Anor v Barokes & Anor

(2016) 113 ACSR 505; [2016] VSC 296

Supreme Court of Victoria (Sifris J), Junior to Greg Harris QC. An application by minority shareholders for leave to bring a derivative action on behalf of a company against its majority shareholder.

Daiwa Can Company v Barokes & Ors (No 3)

[2016] VSC 737

Supreme Court of Victoria (Sifris J), Junior to Greg Harris QC. Variation of an injunction and undertakings.

He v Huang

[2016] VCC 1658

County Court of Victoria (Judge Macnamara). A lengthy trial involving the defence of claims of breaches of an oral contract, estoppel and conversion in a context of complicated and confusing oral dealings in the Chinese language. Issues arising included the admissiblity of transcripts of a secretly-recorded converation in Chinese; an application pursuant to section 49 of the Civil Procedure Act to curtail cross-examination and the costs orders which ought be made where there was mixed success and common representation.

Commissioner of State Revenue v Kimiora

(2016) 309 FLR 277; [2016] FCCA 1229

Federal Circuit Court of Australia (Judge Wilson), with Dimitri Ternovski. Bankruptcy; issues in the swearing of an affidavit; proper basis to calculate interest in respect of judgment debts arising under the Taxation Administration Act (Vic); principles of statutory interpretation.

Lo and Tan v Russell

[2016] VSCA 323

Court of Appeal (Warren CJ, Tate and McLeish JJA). Junior to Robert Hay QC. A dispute as to whether the purchasers of a property had validly exercised their right to 'cool off' from a purchase of property. The case involved the interpretation of section 31 of the Sale of Land Act, consideration of the extent of the agency of a real estate agent engaged to sell a property and construction of the standard-form contract of sale of land. Also [2017] VSCA 14 and [2016] VSC 93 (the trial before Cameron J)

Knight's Quest v Barokes

[2015] VSC 601

Supreme Court of Victoria (Efthim AsJ). Application by minority shareholders for leave to bring a derivative action on behalf of a company against its majority shareholder.

Prestige Lifting Services v Williams & Ors

(2015) 333 ALR 674; [2015] FCA 1063

Federal Court of Australia (Beach J). Breaches of statutory duty as director, officer and employee; breaches of employment contract; breaches of duty of fidelity and good faith; breaches of fiduciary duty; breaches of equitable duty of confidence; diversion of business opportunities; knowing assistance in breaches

Daiwa Can Company v Barokes & Ors

[2015] VSC 502

Supreme Court of Victoria (Sifris J). Junior to Noel Magee QC. Application for an interlocutory injunction restraining the continuation of foreign proceedings.

Frontlink Pty Ltd v Commissioner of State Revenue

Trial Division of the Supreme Court of Victoria (appeal before Judd J) and Associate Judge of the Supreme Court of Victoria (application) - oral judgments delivered on 16 and 21 July 2015. Application for leave to extend time for compliance with a statutory demand and an urgent appeal from a decision that time be extended on condition that moneys be paid into Court.

Land Management Holdings v Sherbourne Insurance Services

County Court of Victoria (Judge Bowman) A dispute between an insured and its insurance broker. Issues included the admissibility of expert evidence, causation and proof of loss.

Kennewell v Atkins (trading as Cardinia Waste & Recyclers)

[2015] FCA 716

Federal Court of Australia (Tracey J). A general protections (adverse action) application. Issues included whether the employee's complaints regarding his rate of pay were a substantial and operative reason for his dismissal; whether reinstatement was an appropriate remedy; how compensation ought be calculated; pecuniary penalties.

Commissioner of State Revenue v Carmrer Pty Ltd & Ors

[2014] VSC 571

Supreme Court of Victoria (Efthim AsJ). Application by the Commissioner for a personal costs order against a company director by reason of the director having caused delay in the course of an application to wind up companies of which he was sole director. Order granted pursuant to the Court's general discretion as to costs and also by reason of the director's breaches of the Civil Procedure Act.

Prestige Lifting Services v Wood

[2014] VSC 465

Supreme Court of Victoria (appeal from Magistrates Court) (Ginnane J). Solicitor's claim for fees; whether one director of a company is authorised to retain a solicitor on behalf of the company.

Sweeney and Australian Information Commissioner and APRA

[2014] AATA 539

Administrative Appeals Tribunal (Deputy President Constance) See also Re Sweeney and Australian Information Commissioner (2014) 64 AAR 186; [2014] AATA 531) Appeared for the Australian Prudential Regulation Authority in an appeal against a decision of the Australian Information Commissioner to declare Mr Sweeney a vexatious applicant pursuant to the Freedom of Information Act.

Whijohn & Anor v Coastzone

[2014] VCC 242

County Court of Victoria (Judge Cosgrave). Consumer law; admissibility of expert evidence; competing expert (engineering) evidence; credit of witnesses. Also [2014] VCC 1402.

Re Mischel & Co Pty Ltd (in liq)

(2014) 284 FLR 320; (2014) 100 ACSR 125; [2014] VSC 140

Supreme Court of Victoria (Robson J) Inspection of books and records of a company in liquidation

Vendor Advocacy Australia Pty Ltd v Seitanidis

(2013) 103 IPR 1;[2013] FCA 971

Federal Court (Middleton J) Misleading conduct, passing off, breach of the Copyright Act; copyright in a real estate listing authority and in the text of a website; misleading conduct and passing off in the context of descriptive names and phrases (used particularly in domain names, in website text and in Internet advertising); the relevance of proof of reputation in misleading conduct claims; relevance and proof of the respondent's intent to take advantage of the applicant's reputation in a misleading conduct claim.

VAA v Seitanidis (No 2)

[2013] FCA 1390

Injunctions; declarations; indemnity costs; costs where nominal damages are awarded on a claim for copyright infringement; an application for damages for loss sustained by reason of an injunction.

Wyman v R T Edgar Bellarine

[2013] VCC 567

County Court of Victoria (Judge Anderson) Negligence; real estate agents; proportionate liability

CBA v Suckling

[2013] VSC 182

Supreme Court of Victoria (Ferguson J) Injunction restraining a bank from selling a property as mortgagee; application to set aside default judgment.

Pathway Investments v National Australia Bank

[2012] VSC 429

Supreme Court of Victoria (Pagone J) Junior to Richard Niall, SC. Appearing for the Australian Prudential Regulation Authority on an objection by APRA to the production of 'protected documents' pursuant to a subpoena for production.

ACCC v TPG Internet (No 2)

[2012] ATPR ¶42-402; [2012] FCA 629

Federal Court (Murphy J). Junior to Peter Riordan, SC and with Marcus Hoyne. A hearing to determine the penalties to which TPG Internet ought be subject under the Trade Practices Act and Australian Consumer Law, it having been found in an earlier trial to have engaged in misleading or deceptive conduct.

Giacobbe v Giacobbe

[2012] VSC 285

Supreme Court of Victoria (Ferguson J). An application to wind up a trustee company on the just and equitable ground in the context of a total breakdown in the relationship between the people involved in the trust. Also Re Inon Nominees (in liquidation) [2013] VSC 211.

McLean Delmo v GEO Corporation & Georgiou

[2012] VCC 511

County Court of Victoria (Judge Ginnane) A dispute between an accounting firm and a former salaried partner involving allegations of breach of a restraint of trade clause, misuse of confidential information and breaches of fiduciary duty. Equitable defences were raised.

Gibbins Investments Pty Ltd v Savage

(2011) 84 ACSR 1; [2011] FCA 527

Federal Court (Gordon J) With Anthony Rodbard-Bean Interpretation of a company’s Constitution, breaches of contract, estoppel.

Nexus Adhesives & Ors ats RLA Polymers

(2012) 97 IPR 160; [2012] FCAFC 135

Full Federal Court (with Travis Mitchell). Misuse of confidential information, trade secrets; the springboard doctrine and a misleading conduct claim in the context of a new business set up by former employees in competition with their former employer.

Nexus Adhesives & Ors ats RLA Polymers

(2011) 280 ALR 125; [2011] FCA 423

Federal Court (Ryan J). Junior to Josh Wilson, SC. The trial of the appeal referred to immediately above. See also [2011] FCA 606

JSM Management v QBE

[2011] VSC 339

Supreme Court of Victoria (Osborn J) Junior to Peter Riordan, SC. Insurance dispute. Interpretation of an insurance contract. Interpretation of 'wear and tear' and an exclusion for failure to take reasonable precautions. See also [2010] VCAT 1243.

Taylor v Gosling & Ors

[2010] VSC 75

Supreme Court of Victoria (Hargrave J) Misleading conduct, proportionate liability.

Vigliaroni v CPS Investment Holdings Pty Ltd

(2009) 74 ACSR 282; 27 ACLC 1527; [2009] VSC 428

Supreme Court of Victoria (Davies J). Junior to Noel Magee, QC A substantial corporate oppression proceeding. The Court found that Mr Vigliaroni had been oppressed, and ordered that he buy out the oppressor. Related proceedings involved the misuse of confidential information and the validity of a caveat.


 

 

 

From 07 Aug 2008, liability limited by a scheme approved under Professional Standards legislation.


 


 


 


 

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