Ed has a broad commercial practice, including financial services, international arbitration, professional negligence, civil fraud, class actions, corporations, insolvency, and regulatory matters. He also acts in media / defamation matters and disciplinary proceedings.
Ed has been recognised in Doyle's Guide as a leading commercial litigation and dispute resolution barrister since 2020.
Ed has also been called to the Bar of England and Wales and is a member of Essex Court Chambers, a leading international law and arbitration set.
Ed graduated with first class honours in law from Melbourne University and completed the BCL (Distinction) at the University of Oxford.
From 1st May 2015, liability limited by a scheme approved under Professional Standards legislation.
Chris appears at trial in civil juries and causes, on appeal, in class actions and before Royal Commissions and Inquiries. His primary area of interest is common law.
He also appears before both professional disciplinary and sporting tribunals and has a particular interest in motor racing related matters.
He is a former President of the Bar Council.
Some Recent Appearances
Class Actions
2017 Kamasee & ors v Cth of Australia & ors (Supreme Court)
Manus Island class action. Senior Counsel for the Commonwealth leading a team of 6 junior counsel
2016 Kilmore Bushfires Class action. Senior Assessor
2016 Murrindindi-Marysville Bushfires class action. Senior Assessor
Court of Appeal
Nillumbik Shire Council v YMCA [2016] VSCA 192
Calderbank offers – costs
YMCA v Nillumbick Shire Council [2014] VSCA 197
Public liability, Insurance
Hodder v Hamilton & anor [2014] VSCA 279
Occupiers Liability, Evidence
Trials
Anthony Parcel Services Pty Ltd ats Acciarito [2021] VSC 78
Transport accident, Duty of Care, Independent contractor
TAC ats Jefic [2020] VCC
First Jury e-trial in the County Court
Matthews v Amaca & Seltsam Dec 2019 J. Dixon J.
Dust diseases – asbestos
State of Victoria ats Ewins & Sukys Nov 2019 J. Dixon J.
Inflation Nightclub Shooting – injuries
GHD Pty Ltd & anor ats VWA [2019] VSC 607
Recovery – contribution
Greater Shepparton City Council ats Clarke [2016] VSC 542
Road Management Act, Duty, Public Liability
Floyd Industries Pty Ltd & anor ats Notman [2016] VSC 457
Public Liability, Duty of Care, Contribution
Addas Israel School ats Erlich [2015] VSC 499
Sexual Assault, Vicarious Liability
Other Appearances
Demeduik v Medical Board of Australia (2019)
VCAT Appeal
Eli Evans v CAMS (2018)
Disciplinary Tribunal determining the 2018 Australian Rally Champion
V8 Supercar Court of Appeal (2017)
Member of the Court determining protest from Bathurst 1000
Hazelwood Mine Fire Inquiry (2015)
Counsel for the Chief Medical Officer of Victoria
Examples of recent matters:
Daniel practises in:
(a) corporations law and general commercial disputes;
(b) common law, especially professional negligence and institutional liability; and
(c) inquiries and judicial review proceedings.
Before signing the Bar Roll, Daniel practised at the London office of the New York firm, Cleary Gottlieb Steen & Hamilton LLP. Prior to this, he was an associate to the Chief Justice of Victoria, the Honourable Justice Marilyn Warren AC.
Daniel is also admitted as an attorney in New York and to the roll of solicitors in England & Wales (non-practising). He completed postgraduate studies at Georgetown University, where he was awarded the prize for the most distinguished academic performance leading to a Master of Laws Degree (General Studies).
Representative and ongoing matters include:
Commercial / Corporations
Timeless Sunrise Pty Ltd v Big J Enterprises Pty Ltd (No 3) [2022] VSC 499; (No 7) [2022] VSC 549 (and several other rulings) (Delany J) – Victorian Supreme Court proceeding concerning fiduciary duties / insolvent trustee / fraud (leading L Molesworth)
Cargill Australia v Viterra Malt & Ors (No 28) [2022] VSC 13 (and several other rulings) (Elliott J) – Victorian Supreme Court proceeding concerning breach of warranty / misleading and deceptive conduct in connection with business acquisition agreement (junior to Michael Galvin QC)
Australian Securities and Investments Commission v Remedy Housing Pty Ltd [2021] FCA 673 (Moshinsky J) – Federal Court ex parte application for freezing orders, disclosure orders and travel ban orders (unled)
Col Crawford Pty Ltd v Nissan Motor Co (Australia) Pty Ltd [2020] NSWSC 87 (Stevenson J) – New South Wales Supreme Court proceeding concerning unconscionable conduct / breach of obligation of good faith by motor company franchisor (junior to Daryl Williams QC)
Unlockd v Google Asia Pacific & Anor [2018] FCA 826 (Moshinsky J) – Federal Court proceeding concerning anti-competitive conduct / unconscionable conduct / misleading and deceptive conduct in connection with provision of Google Android application (junior to Michael O'Bryan QC)
Sell Your Gold v Australian Diamond Trading Corporation [2018] VSCA 355 (Maxwell P, Ashley and Hargrave JJA) – Victorian Court of Appeal proceeding concerning property / conversion (junior to Daryl Williams QC)
Mr Rental Australia v IRD Services [2016] NSWSC 700 (Meagher JA); Mr Rental Australia v IRD Services (No 2) [2016] NSWSC 918 (Meagher JA) – New South Wales Supreme Court proceeding concerning breach of franchise agreement / unconscionability in franchisor's implementation of new franchise system (junior to Richard Attiwill QC)
Links Golf Tasmania Pty Ltd v Sattler (2012) 213 FCR 1 (Jessup J) – Federal Court shareholder derivative proceeding for breach of director’s duties (junior to Greg Garde QC)
Various Victorian Supreme Court Practice Court interlocutory / emergency applications (unled)
Professional Negligence / Common Law
Bai v Lightspeed Finance Pty Ltd & Anor [2021] VSC 543 (Riordan J) – Victorian Supreme Court proceeding concerning solicitor's breach of retainer (unled)
Payton Securities Pty Ltd v Mason White McDougall (Hurstbridge) Pty Ltd [2021] VSC 375 (Osborne J) – Victorian Supreme Court proceeding concerning solicitor's retainer / land valuer's negligence / fraud in connection with loan (junior to Michael Galvin QC)
Roman Catholic Trusts Corporation for the Diocese of Sale v WCB [2020] VSCA 328 (Beach, Kaye and Osborn JJA) - Victorian Court of Appeal proceeding concerning institutional liability and an application to set-aside an historical settlement agreement (junior to Sam Hay QC)
Group Proceedings / Class Actions
Kamasaee v Commonwealth of Australia & Ors (No 9) [2017] VSC 171 and various other rulings (McDonald J) – Victorian Supreme Court Manus Island Detention Centre group proceeding (junior to Richard Attiwill QC)
A v Schulberg & Ors [2014] VSC 180 (Beach J); A v Schulberg & Ors (No 2) [2014] VSC 258 (Beach J) – Victorian Supreme Court Hepatitis C group proceeding (junior to David Curtain QC and Matt Collins QC)
Regent Holdings v State of Victoria [2013] VSC 601 (Beach J); Regent Holdings v State of Victoria [2015] VSC 422 (Ginnane J) – Victorian Supreme Court / Court of Appeal Abalone Virus group proceeding (junior to Bret Walker SC, David Curtain QC and Richard Attiwill)
Constitutional Law / Public Law / Judicial Review
Knight v Victoria [2017] HCA 29 (Full Court) – High Court constitutional challenge to ad hominem parole legislation (junior to Kris Walker QC)
Falaras v Gouletsas [2017] VSC 495 (Keogh J) – Victorian Supreme Court appeal on a question of law pursuant to section 148 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) (unled)
MZYQZ v Minister for Immigration and Citizenship [2012] FCA 948 (Dodds-Streeton J) – Federal Court judicial review proceeding (junior to Richard Niall QC)
Commissions / Inquiries / Regulatory Matters
Professional Standards Committee v Hollingworth, Professional Standards Board for the Anglican Diocese of Melbourne, 24 April 2023 (unled)
Independent Broad-based Anti-corruption Commission, Operation Sandon, December 2019 (unled)
Independent Broad-based Anti-corruption Commission, Operation Lansdowne, December 2017 (unled)
Royal Commission into Institutional Responses to Child Sex Abuse, Case Study 36: Church of England Boys’ Society, May 2017 (unled)
Victorian Parliamentary Inquiry into Allegations made against the Auditor-General, November 2015 (junior to Richard Attiwill QC)
Various regulatory investigations by Consumer Affairs Victoria, the Australian Securities and Investments Commission and the Registered Organisations Commission
From 02 Dec 2010, liability limited by a scheme approved under Professional Standards legislation.
Susan is an experienced trial advocate who has over 30 years experience as a barrister and predominantly practices in Family and Criminal Law.
Susan has appeared in the Federal Circuit and Family Court, the High Court, Court of Appeal, Supreme Court and County Court with extensive experience in complex trials and appeals.
Family Law:
Susan practices in all areas of family law and de facto jurisdictions, including interim defended hearings, mediations and final hearings.
Susan is a member of the Family Law Bar Association, the Australian Institute of Company Directors and is currently completing the AICD’s Company Directors course.
Criminal Law:
Susan also practices in Criminal Law, her trial work includes homicides, sexual offences, drug trials, frauds including art fraud, and other complex criminal trials.
Susan has examined and cross-examined a variety of experts including forensic pathologists, DNA experts, senior scientists, psychiatrists, psychologists, handwriting, ballistic, voice identification experts and engineers.
She has prepared written cases for and appeared in interlocutory, conviction and sentence appeals.
Previous experience:
During her 30 years at the bar, Susan has held a variety of positions including that of:
Publications:
Susan co-authored a book published by Thompson Reuters in July 2017, titled Criminal Appeals and Reviews in Victoria, along with Professor Chris Corns and Adrian Castle. The chapter on appellate advocacy, which was written by Susan, provides practical advice to legal practitioners on the preparation required to appear in the High Court and Court of Appeal, the appearance itself, and the importance of written submissions as the basis for the oral advocacy.
Cambridge:
In 2017, Susan presented at the 35th Economic Crime Symposium at Jesus College, Cambridge University on Art Fraud.
In 2018, Susan presented at the 36th Economic Crime Symposium at Jesus College, Cambridge University on ‘Human Trafficking’, ‘Taxing Crime’ (panel discussion) and ‘Divesting Criminals of ill-gotten gains in a world without financial Borders’.
Electronic briefs:
Susan is trained in the use of electronic briefs.
Membership:
Retired from practice.
From 2nd Dec 2010, liability limited by a scheme approved under Professional Standards legislation.
Rebecca was associate to the Hon Chief Justice Warren of the Supreme Court of Victoria for two years, during which time her Honour sat in the Court of Appeal, the Criminal, Commercial and Equity, and Common Law Divisions as well as the Practice Court.
Rebecca comes to the Bar from Allens Arthur Robinson where she worked in the Litigation group, primarily on product liability, trade practices and insurance matters.
In 2006, Rebecca completed the Melbourne Juris Doctor and has since lectured in Business Law and Company Law.
Prior to undertaking the Juris Doctor, Rebecca worked as a project manager in the corporate sector, developing strategy and policy documents, and implementing large scale business projects.
From 03/12/2009, Liability limited by a scheme approved under Professional Standards Legislation.