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  • McCaffrey J. Paul

    Retired 2023

  • McCarthy Rebecca

    Rebecca practises in commercial law and has particular interest and expertise in insolvency, corporations, contract, equity and trusts disputes.

    Since joining the Victorian Bar, Rebecca has appeared both led and unled in trials and applications in the Supreme Court of Victoria, the Federal Court of Australia, the Federal Circuit and Family Court of Australia, the County Court of Victoria, the Magistrates’ Court of Victoria and the VCAT. Between November 2020 to March 2021, Rebecca acted as assistant to the Honourable Susan Crennan AC in the conduct of a private international arbitration.

    Before coming to the Bar, Rebecca was Associate to the Honourable Associate Justice Gardiner of the Supreme Court of Victoria, where Rebecca gained experience in interlocutory applications and trials brought under the Corporations Act 2001 (Cth). Before this, Rebecca worked as a solicitor in the commercial litigation team at Frenkel Partners Lawyers.

    Rebecca is regularly briefed in applications to set aside statutory demands, winding up applications, applications on behalf of liquidators for directions from the Court and to appear in public examinations and voidable transaction proceedings.

    Rebecca holds a Bachelor of Laws (Hons) from the University of Adelaide and is undertaking a Master of Laws at the University of Melbourne specialising in commercial subjects. Rebecca is also a sessional academic at Deakin University, teaching Evidence Law.

    Rebecca is a member of both the Law Council of Australia Young Lawyers Committee and of the Victorian Bar New Barristers’ Committee.

    Rebecca read with Peter Fary SC and her senior mentor is Penny Neskovcin KC.

    Selected Cases

    Harman v Coram Investments Pty Ltd [2023] VCC 1187 – Application for dismissal or permanent stay of proceeding, for the plaintiff, led by Andrew Meagher.

    Gountzos (as liquidator of GVE Hampton Pty Ltd) (In Liq) v Krok [2022] VSC 539 –Application by the liquidator for Court approval of a compromise, for the liquidator, led by Carl Moller SC.

    Saaticho Pty Ltd & Ors v EVR Group Pty Ltd & Ors [2022] VSC 45 – Injunction to restrain incursion into plaintiffs’ airspace, for the plaintiffs.

    Re Wynyard Victoria Pty Ltd [2022] VSC 81 – Application to set aside statutory demand, for the defendant.

    Shangri-La Construction Pty Ltd v GVE Hampton Pty Ltd (In Liq) [2021] VSC 161 – Application for appointment of special purpose liquidator, for the respondent liquidator.

    Doxa Youth Foundation & Ors vs Doxa Community Club & Ors S ECI 2021 02968 – Oppression proceeding, led by Christopher Brown, settled prior to trial.

    In the matter of SOCA Nominees Pty Ltd (In Liquidation) S ECI 2022 04842 – Application for appointment of receiver over trust assets and for relief from liability on part of Company pursuant to s 85 of the Trustee Act 1925 No 14 (NSW), for the liquidator.

    Official Trustee in Bankruptcy v Veitch MLG433/2022 – Application for declaration of vesting of beneficial ownership in Official Trustee and sale of land, for the Official Trustee, settled prior to trial.

    In the matter of Project Volar Creditors’ Trust established in the administration of Virgin Australia Holdings Ltd & Ors No. 2021/00247797 – Application for leave to file an amended proof of debt pursuant to s 81 of the Trustee Act 1925 (NSW), for the Applicant.

    W Capital 18 Pty Ltd v LWB Development Pty Ltd & Ors - Supreme Court of Victoria – breach of contract, estoppel, led by Peter Fary SC, settled prior to trial.

    DS & KCC Enterprises Pty Ltd v Jimmy and Jangs Enterprises Pty Ltd S ECI 2021 02490 – Oppression proceeding, for the plaintiff, settled prior to trial.

    Clear Logistics Australia Pty Ltd v Naracoopa Mineral Sands Pty Ltd VID578/2022 – Injunction for the delivery up of a Vessel, for the Respondent, led by Sam Rosewarne KC.

    ASIC v Arandez VID338/2022 – Application pursuant to section 1323(1)(k) of the Corporations Act 2001 (Cth), for the Respondent, led by Michael Gronow KC.

    Jackson v Edsall S ECI 2020 04574 – Application by executor of deceased estate for orders to allow sale of deceased’s property, for the plaintiff.



    Liability limited by a scheme approved under Professional Standards Legislation.

  • McComish James

    James practises mainly in commercial and public law. He has particular interests in equity and trusts, insurance, and in cross-border disputes.

    Before coming to the bar, James was an Associate at Allens, where he practised in commercial litigation with a focus on regulatory and insurance-related disputes.

    He graduated from the University of Melbourne with first class honours in law, history and art history, and from the University of Oxford with a doctorate in history.

    In 2007, he was Associate to Justice Gummow of the High Court of Australia. He is a past editor of the Melbourne University Law Review, and is a reporter for the Commonwealth Law Reports. He is the Honorary Correspondent for the Selden Society in Victoria.

    James teaches Trusts at the University of Melbourne. He formerly taught law at the University of Cambridge, where he was a fellow of Selwyn College.

    James read with Michael Rush KC. His senior mentor is Philip Solomon KC.

    Cases:

    High Court of Australia

    • GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32 (for the appellant, led by P D Herzfeld)
    • Binsaris v Northern Territory (2020) 270 CLR 549 (for the appellants, led by B W Walker SC and K E Foley)
    • Hocking v Director-General of the National Archives of Australia (2020) 271 CLR 1 (for the respondent, led by S P Donaghue QC, C L Lenehan SC and D M Forrester)
    • Mann v Paterson Constructions Pty Ltd (2019) 267 CLR 560 (for the respondent, led by J P Moore QC and A J Laird)
    • Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 268 CLR 524 (for the respondent, led by J P Moore QC)

    Victorian Court of Appeal

    • Melbourne Water Corporation v Vaughan Constructions Pty Ltd [2022] VSCA 241 (for the appellant, led by P H Solomon KC and R Andrew)
    • Lonergan v Sisters of St Joseph [2022] VSCA 208 (for the appellant, unled, with A Wharldall)
    • Butler v Kenny [2022] VSCA 102 (for the respondents, unled)
    • Willis v Crosland (No 2) [2021] VSCA 360 (for the appellant, led by P H Solomon QC)
    • Willis v Crosland (2021) 65 VR 1; [2021] VSCA 320 (for the appellant, led by P H Solomon QC)
    • Amcor v Barnes (No 2) [2021] VSCA 87 (for the first respondent, unled)
    • Amcor v Barnes [2021] VSCA 6 (for the first respondent, led by J P Moore QC)
    • Schmidt v AHRKalimpa Pty Ltd [2020] VSCA 193 (for the appellants, led by J P Moore QC and C R Northrop)
    • Noori v Topaz Fine Foods Pty Ltd [2018] VSCA 323 (for the respondent, led by J Ruskin QC)
    • McNab v Graham (No 2) [2018] VSCA 8 (for the respondents, led by M F Wheelahan QC)
    • McNab v Graham (2017) 53 VR 311; [2017] VSCA 352 (for the respondents, led by M F Wheelahan QC)
    • Royal Bank of Scotland PLC v Babcock & Brown DIF III Global Co-Investment Fund LP [2017] VSCA 138 (for the first appellant, led by M I Borsky QC)
    • Mitchell v Latrobe Regional Hospital (2016) 51 VR 581; [2016] VSCA 342 (for the plaintiff, led by M F Wheelahan QC)

    Full Federal Court

    • Mawhinney v Australian Securities and Investments Commission (No 2) [2022] FCAFC 205 (unled)
    • Mawhinney v Australian Securities and Investments Commission (2022) 405 ALR 292; [2022] FCAFC 159 (unled)
    • Campbell v Northern Territory of Australia (2022) 289 FCR 148 (for the appellant, unled)
    • TechnologyOne Ltd v Roohizadegan (2021) 309 IR 262; [2021] FCAFC 137 (for the appellants, led by S J Wood QC and B Jellis, with P J Jeffreys)

    Supreme Court of Victoria

    • The Uniting Church in Australia Property Trust (Vic) v Attorney-General (Vic) (No 2) [2022] VSC 764 (for the plaintiff, unled)
    • The Uniting Church in Australia Property Trust (Vic) v Attorney-General (Vic) [2022] VSC 610 (for the plaintiff, unled)
    • Re HEST Australia Ltd (2021) 66 VR 338; [2021] VSC 809 (for the plaintiff, led by P H Solomon QC, with J R Wang)
    • Re Estate of Henry Brough Smith; Perpetual Trustee Company Ltd v Uniting (Victoria and Tasmania) Ltd (2020) 19 ASTLR 531; [2020] VSC 378 (for the first and second defendants, unled)
    • Re Coghlan; Merriman v Attorney-General (No 2) [2020] VSC 668 (for the plaintiff, unled)
    • Re Coghlan; Merriman v Attorney-General for the State of Victoria [2020] VSC 392 (for the plaintiff, unled)
    • Sheppard v Uniting Church in Australia Property Trust (Vic) [2020] VSC 12 (for the defendant, unled)
    • Chickabo Pty Ltd v Zphere Pty Ltd (No 2) [2019] VSC 580 (for the plaintiffs, led by J P Moore QC)
    • Re Wilson: Wilson v Dillon [2019] VSC 211 (for the plaintiff, unled)
    • Chickabo Pty Ltd v Zphere Pty Ltd (2019) 57 VR 406; [2019] VSC 73 (for the plaintiffs, led by J P Moore QC)
    • Re Milenkovich; State Trustees Ltd v Melbourne Health [2018] VSC 598 (for Melbourne Health, led by I J Hardingham QC)
    • Presbyterian Church of Victoria Trusts Corporation v Anstee (No 4) [2018] VSC 200 (for the sixth defendant, Board of Management of the Scots’ Church, unled)
    • Babcock & Brown DIF III Global Co-Investment Fund LP v Babcock & Brown International Pty Ltd (No 2) [2017] VSC 556 (for Royal Bank of Scotland, led by M I Borsky QC)
    • Presbyterian Church of Victoria Trusts Corporation v Anstee (No 2) [2017] VSC 102 (for the sixth defendant, Board of Management of the Scots’ Church, led by P H Solomon QC)
    • Re Ausinca Resources Limited [2017] VSC 129 (for the plaintiffs, unled)
    • Babcock & Brown DIF III Global Co-Investment Fund, LP v The Royal Bank of Scotland PLC [2016] VSC 769 (for the defendant / applicant, led by M I Borsky SC)

    Supreme Court of New South Wales

    • David v Kazal [2019] NSWSC 1763 (for the defendants, unled)
    • DIF III – Global Co-Investment Fund LP v Babcock & Brown International Pty Ltd [2019] NSWSC 527 (for Royal Bank of Scotland, led by P Zappia QC)

    Supreme Court of Western Australia

    • Cardaci v Cardaci [No 5] [2021] WASC 331 (for the plaintiff, led by M D Cuerden SC, G D Cobby SC, and L Pham)
    • Cardaci v Cardaci [No 2] [2019] WASC 274 (for the plaintiff, led by M D Cuerden SC)

    Federal Court of Australia

    • White (Trustee) v MWL Financial Group Pty Ltd [2018] FCA 2018 (for the applicants, led by J P Moore QC)

    Victorian Civil and Administrative Tribunal

    • Vaughan Constructions Pty Ltd v Melbourne Water Corporation (Building and Property) [2022] VCAT 821 (for Melbourne Water, led by P H Solomon QC and R Andrew)
    • Vaughan Constructions Pty Ltd v Melbourne Water Corporation (Building and Property) [2022] VCAT 633 (for Melbourne Water, led by P H Solomon QC and R Andrew)

    From 6th May 2016, liability limited by a scheme approved under Professional Standards legislation.

  • McDonald Ian

    Ian is a very experienced trial and appellate advocate. He practises predominantly in the areas of personal injury, insurance law, professional negligence and torts generally.

    In particular he has expertise in:

    • Medical Negligence;
    • Industrial Accidents;
    • Dust Diseases;
    • Institutional Sexual Abuse;
    • Transport Accidents;
    • Recovery Proceedings
    • Accident Compensation;
    • Product Liability;
    • Disciplinary Tribunals & Coronial Inquests.

    Ian regularly appears in the County Court and Supreme Court in jury trials and causes, and as required in the Court of Appeal.

    Ian has particular experience and interest in the following areas:

    1. Medical Negligence;
    2. Liability for criminal acts of third parties (Modbury Triangle scenarios);
    3. Complex claims involving sub-contractors and host employers.

    Ian is happy to provide written Advice in complex matters in a timely fashion.

    For 16 years (2005-2020) Ian was the editor of the leading publication on personal injuries in Victoria, "Accident Compensation Victoria" published by Lexis Nexus.

    Professional memberships:

    • Common Law Bar Association.
    • Compensation Law Bar Association (Victorian Bar)


    From 28 Aug 2008, liability limited by a scheme approved under Professional Standards legislation.

  • McLachlan Banjo

    Before coming to the Bar, Banjo was a Senior Associate at Allens Arthur Robinson and the Associate to the Honourable Justice Middleton of the Federal Court of Australia. He graduated from the University of Adelaide with degrees in Law (with Honours) and Science, and undertook a year of his law degree in French at the Universite de Poitiers in France.

    Banjo practises in commercial litigation. Significant matters include the following:

    Acting for Honda Australia in proceedings brought by former dealers.

    Glideware Pty Ltd v Hadad [2024] VSC 34.

    Acting for Aveo Group Limited in the Federal Court class action (Luke v Aveo Group Limited (No 3) [2023] FCA 166) .

    Acting for Aveo Group Limited in the Federal Court class action

    Diversa Pty Ltd v Taiping Trustees Ltd [2022] FCA 316 (with Vanessa Whittaker SC and Nicholas Mirzai)

    McCallum, in the matter of Re Holdco Pty Ltd (No 2) [2021] FCA 377

    Ford (Administrator), Re The PAS Group [2020] FCA 1873

    Mentha v Epic Energy South Australia Pty Ltd (No 2) [2018] FCA 925

    SMEC Holdings Pty Ltd v Commissioner of the AFP [2018] FCA 609

    Acting for Bank of Queensland in the Financial Services (Banking) Royal Commission.

    Aftermarket Network Australia Pty Ltd v Certain Underwriters at Lloyd’s [2016] FCA 1402

    Mentha, in the matter of Arrium Limited (administrators appointed) [2016] FCA 1357

    State Street Australia Ltd v Retirement Villages Group Management Pty Ltd [2016] FCA 675

    Re Banksia Securities Ltd (in liq) (recs and mgrs apptd) [2016] NSWSC 357

    Re Donnelly and Ors (in their capacities as joint and several administrators of Carpenter International Pty Ltd (ACN 165 690 657) (admins apptd)) - (2016) 111 ACSR 477; [2016] VSC 118

    Lanka Graphite Limited (formerly Viculus Limited) [2015] FCA 798

    ASIC v Mariner Corporation Limited [2015] FCA 589

    Vaughan Super Pty Ltd v Becton Property Group Limited [2014] FCA 581 (successful application to strike out Federal Court claim in entirety, led by Peter Jopling AM QC)

    Banksia proceedings (acting for Banksia’s receivers in proceedings in the Supreme Court of Victoria, led by Philip Crutchfield QC and Jonathon Redwood)

    ASIC v Centro Directors (Civil Penalty Proceeding in the Federal Court, led by Alan Archibald QC and Philip Crutchfield QC)

    Centro Class Action (Federal Court, led by Philip Crutchfield QC for the former non-executive directors of Centro)

    Fairlight.au Pty Ltd v Peter Vogel Instruments Pty Ltd (trade mark and contract claim in Federal Court, led by Andrew Panna SC)

    Rod Investments (Vic) Pty Ltd v Adam Clark & Ors (Media World Shareholder Class Action in the Supreme Court, led by Bernie Quinn SC)

    Keller v LED Technologies Pty Ltd (No 2) (Full Federal Court, led by Peter Riordan SC)


    From 19/11/2009, Liability limited by a scheme approved under Professional Standards Legislation.

  • McLeod Fiona

    Fiona practises in commercial law including regulatory matters, consumer protection and financial services, common law including historical abuse claims and class actions, and public law matters including Royal Commissions appearing in jury and judge-alone trials and appeals. She has prosecuted and defended criminal maters including Work Health Safety and Commonwealth crimes including slavery charges.

    She represented the Commonwealth in major cases including leading the legal team in the Victorian Bushfires Royal Commission, Queensland Floods Commission and the Royal Commission into Institutional Child Sex Abuse and regularly appears for the Department of Defence and Home Affairs. She led the legal team representing the successful plaintiff in the Murrindindi bushfire class action and the plaintiffs in the Don Dale class action.

    Fiona is a leader of the national and international legal profession having led the Law Council of Australia, Australian Bar Association, Victorian Bar and Australian Women Lawyers. She is the Co-Chair of the Diversity and Inclusion Council and an officer of the Bar Issues Committee of the International Bar Association and a member of the Council of the Commonwealth Lawyers Association.

    She has been recognised as an outstanding advocate and leader of the profession and has chaired and contributed to numerous government Boards and Working Groups.

    She has been a champion for diversity and inclusion and has received numerous awards, including for her contribution to the advancement of women and human rights issues, in particular, human trafficking. She was appointed to the Victorian Honour Roll of Women in 2014 and was appointed an Officer of the Order of Australia in the 2020 Australia Day Honours for ‘distinguished service to the law, and to the legal profession, at the national and international level, and to women lawyers’ .

    Fiona graduated with Bachelor of Arts, Bachelor of Laws and Master of Public & International Law from the University of Melbourne. She completed the Australian Institute of Company Directors, Company Directors Course in 2017.

    Fiona is actively engaged in supporting government and institutional transparency and integrity. She is the Chair of the Accountability Round Table and a former Chair of Transparency International Australia and the Open Government Forum.

    Recent cases include:

    ASIC v RI Advice, Civil penalty proceedings against RI Advice concerning cyber security risk management for financial services advisors and licensees

    Pabai & Anor v Commonwealth, Landmark climate change class action on behalf of Torres Strait Islanders

    PCB v Geelong College, Negligence claims, record damages awarded to survivor of child sex abuse

    John XXIII College v SMA, Appeal against negligence for directing students off campus and response to assault claims

    CDPP v Defence Workhealth and Safety charges concerning death of a solider in training exercise

    CDPP v Defence Successful defence at trial of WHS charges, now on appeal, concerning electrocution of soldiers in training exercises

    Disability Royal Commission Appearing for service provider Aruma Disability Services

    McDonald v Commonwealth Class action claims for historic unpaid wages in the Northern Territory

    Various plaintiffs v Commonwealth Claims by various employees working in offshore detention facilities on Manus Island

    R v Kannan Slavery and domestic servitude

    Sheridan v Australian Pacific Airports and Australian Federal Police Airport licensing, allegations of assault and false imprisonment

    fionamcleodsc.com

    Liability limited by a scheme approved under Professional Standards Legislation.

  • McNaught Sarah

    Sarah practices in a wide range of civil litigation including commercial and common law. She has a particular interest in contractual disputes and personal injury law including worker's compensation, TAC, public liability and medical negligence claims.

    Since signing the Bar Roll in April 2015, Sarah has appeared in stautory benefits claims, interlocutory proceedings, serious injury applications and damages trials. She has experience drafting pleadings, interrogatories, serious injury documents and advices.

    Prior to coming to the bar, Sarah was Associate to Justice Tracey AM RFD at the Federal Court of Australia. She completed her articles in Maurice Blackburn. As a solicitor, Sarah worked in a range of areas, including medical negligence, workcover and comcare.

    Sarah holds a Bachelor of Arts (majoring in Japanese) and a Juris Doctor (with Honours). She read with James Nixon, and her Senior Mentor was Mary Anne Hartley QC.

    From 1st May 2015, liability limited by a scheme approved under Professional Standards legislation.



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