Search Results

  • Anna Pogson

    Anna practises primarily in commercial and public law.

    Before coming to the Bar, Anna was an associate to Justice Stephen Gageler AC at the High Court of Australia (now Chief Justice of Australia). Anna also worked as Tipstaff to the Hon Justice David Hammerschlag of the Supreme Court of New South Wales. Most recently she was a Senior Associate at Clifford Chance, practising in general commercial litigation. Anna is admitted as an attorney in New York, and was previously an associate at Quinn Emanuel Urquhart & Sullivan LLP.

    Anna holds a Masters of Law from Columbia Law School and a Bachelor of Laws with first class honours from the University of New South Wales.

    Anna is reading with Olaf Ciolek. Her senior mentor is Philip Solomon KC.

    Liability limited by a scheme approved under Professional Standards Legislation

  • Dixon Anna

    Anna practices in criminal and quasi criminal matters (including white-collar crime, OH&S prosecutions, regulatory and disciplinary matters), and in common law. She has trial experience as both as junior counsel and as sole counsel.

    Anna has also appeared in the Court of Appeal and has experience in preparing written cases.

    Anna practices in the regulatory sphere and has appeared before VCAT, ASIC and the National Sports Tribunal. She has a particular interest in disciplinary proceedings involving healthcare workers.

    Prior to coming to the bar, Anna completed a Bachelor of Arts (Media and Communications) and a Juris Doctor at the University of Melbourne. Upon graduation, she worked as a solicitor advocate at the Aboriginal Legal Service of Western Australia for two years, after which she performed the same role at Matthew White and Associates (in Melbourne) for 18 months.

    Anna read with Chris Carr S.C., and Neill Murdoch S.C. is her senior mentor.

    From 8 May 2020, liability limited by a scheme approved under Professional Standards legislation.

  • Cooper Gemma-Jane

    Gemma-Jane specialises in claims arising from personal injuries including workplace & transport accidents, public liability, medical negligence, institutional abuse and coronial inquests. She acts for both plaintiff and defendant clients.


    From 16 May 2013, liability limited by a scheme approved under Professional Standards legislation.

  • Gibson Ben

    Ben specialises in commercial law and appears in trial and appellate courts in all jurisdictions in Australia.

    Ben was called to the Bar in 2007. He read with Stephen McLeish SC (now Justice McLeish of the Court of Appeal).

    Prior to coming to the Bar Ben was an Associate to (then) Justice Finkelstein at the Federal Court of Australia, a solicitor at Blake Dawson Waldron (now Ashurst) and a management consultant.

    Ben has a Juris Doctor degree from the University of Melbourne where he was awarded the Dean's Award (Stage 2) and subject prizes for taxation, trusts and evidence. Ben also holds a Bachelors degree and a Masters degree in Economics.

    Ben has been listed in Doyles Guide in the areas of Leading Commercial Litigation & Dispute Resolution Junior Counsel (2023 and 2024) and Leading Insolvency & Restructuring Junior Counsel (2022, 2023 and 2024).

    Cases in which Ben has appeared include:

    • Badenoch Integrated Logging Pty v Bryant [2025] HCADisp 69 (special leave, with M Tennant).
      • Badenoch Integrated Logging Pty v Bryant [2025] FCAFC 31, [2024] FCAFC 167 (with M Tennant)
      • Allsopp v Elly Property Pty Ltd [2024] VSC 669
      • World Touring Melbourne Limited v Australian Grand Prix Corporation [2024] VSC 521 (with N De Young KC and C Fitzgerald)
      • Resource Capital Ltd v Giovinazzo [2024] VSC 548 (with D Porteous)
      • Eastbound Estate Pty Ltd v DC Consolidated Investments Pty Ltd [2024] VSC 40 (with P Bick KC and MQ Nguyen)
      • Mitsubishi Motors Australia Ltd v Begovic [2023] HCATrans 15 [2023] HCATrans 097, [2023] HCATrans 15 (with B Walker SC)
      • Mitsubishi Motors Australia Ltd v Begovic [2023] HCA 43 (with B Walker SC)
      • Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2; (2023) 406 ALR 731 (with B Walker SC)
      • Ohanse Pty Ltd v Heartwest Services Pty Ltd [2022] FCA 1204
      • Ford v Commissioner of Taxation, in the matter of Careers Australia Group Limited (in liq) (No 2) [2022] FCA 1151
      • Zphere Pty Ltd v Pakis [2022] VSC 496 (with D Porteous)
      • Mitsubishi Motors Australia Pty Ltd v Begovic (2022) 403 ALR 558 (with B Walker SC)
      • Bryant & Ors as liquidators of Gunns Limited and Auspine Limited v Badenoch Integrated Logging Pty Ltd [2022] HCATrans 42 (with J Evans KC)
      • Re Bundoora Park Estate Holding Pty Ltd [2022] VSC 273
      • Dugan v Process Holdings Pty Ltd [2021] VSC 555, [2021] VSC 641, [2021] VSC 737 (with S Marks KC)
      • Badenoch Integrated Logging Pty Ltd v Bryant [2021] FCAFC 64 (with J Evans KC)
      • Mitsubishi Motors Australia Ltd v Begovic [2021] VSC 252 (with C Caleo KC)
      • Wu v OHAPIF Pty Ltd (ACN 167 080 542) as trustee for the Oliver Hume Australia Income Fund & Ors [2020] VSC 552 (with P Bick KC)
      • Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Bluewood Industries Pty Ltd [2020] FCA 714 and [2020] FCA 1082 (with J Evans KC)
      • Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Badenoch Integrated Logging Pty Ltd [2020] FCA 713 and [2020] FCA 1081 (with J Evans KC)
      • Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Edenborn Pty Ltd [2020] FCA 715 and [2020] FCA 1083 (with J Evans KC)
      • Nom De Plume v Ascot Vale Self Storage [No 2] [2020] VSCA 70 (with B Walker SC and D Porteous)
      • Northern Territory of Australia v Dover Investments Pty Ltd [2020] NTSC 3 (with P Bick KC)
      • Rennie Produce (Aust) Pty Ltd [2020] FCA 1171; [2017] FCA 442; (2016) 338 ALR 451
      • Ascot Vale Self Storage Centre Pty Ltd v Nom De Plume Nominees Pty Ltd (No 2) [2019] VSC 285 (with P Bick KC)
      • In the matter of Ainslie Harding & Wood Solicitors Pty Ltd (in liq) & Ors VID282/2018 (with K Brazenor)
      • Mandie v Memart Nominees Pty Ltd [2018] VSC 719 (with C. Caleo KC)
      • Deputy Commissioner of Taxation v Rennie Produce (Aust) Pty Ltd (in liq) (2018) 260 FCR 272 (with L Glick KC)
      • Bryant (Liquidator) v LV Dohnt and Co Pty Ltd, Gunns Ltd (In Liq) [2018] FCA 238 (with M Hoffmann KC)
      • De Lutis v De Lutis [2018] VSC 54; [2017] VSC 505 (with P Bick KC)
      • Trust Co (Nominees) Ltd v Angas Securities Ltd [2017] FCAFC 187 (with A Myers KC)
      • Deputy Commissioner of Taxation v A&S Services Australia Pty Ltd [2017] FCA 663
      • Re Rennie Produce (Aust) Pty Ltd (in liq) [2017] FCA 442; (2016) 338 ALR 451; [2016] FCA 449
      • North East Solution Pty Ltd v Masters Home Improvement Australia Pty Ltd [2017] VSCA 113; [2017] VSCA 88; [2016] VSC 1; [2016] VSC 87 (with P Bick KC)
      • Re GUNNS Limited (in liq) [2016] VSC 765; [2016] VSC 832 (with M Hoffmann KC)
      • Trust Company (Nominees) Limited, in the matter of Angas Securities Limited [2016] FCA 895 (with A Myers KC and M Hoffmann KC)
      • Nom De Plume Nominees v Fingal Developments Pty Ltd (2016) 114 ACSR 539 and [2016] VSCA 233 (B Walker SC)
      • TSG Franchise Management Pty Ltd v Cigarette & Gift Warehouse (Franchising) Pty Ltd [2016] FCA 828; [2016] FCA 674; [2015] FCA 739 (with M Robins KC)
      • Re Yeo (in their capacity as liquidators of Rennie Produce (Aust) Pty Ltd (in liq) [2015] FCA 849 (with L Glick KC)
      • Ascot Vale Self Storage Centre Pty Ltd v Nom De Plume Nominees Pty Ltd [2015] VSC 751(with P Bick KC)
      • Nom De Plume Pty Ltd v Fingal Developments Pty Ltd [2015] VSCA 129 (with P Bick KC)
      • Re Ascot Vale Self-Storage Centre Pty Ltd (in liq) (2014) 98 ACSR 243 (VSCA) (with P Bick KC)
      • Fingal Developments Pty Ltd v Nom De Plume Nominees Pty Ltd [2015] VSC 146; [2015] VSC 44 (with P Bick KC)
      • Rilgar Nominees Pty Ltd v BHA Holdings Pty Ltd [2015] VSC 6; (2014) 103 ACSR 370
      • Kilkenny Walsh Pty Ltd v Strasburger Enterprises (Properties) Pty Ltd [2014] VSC 117 (with S Horgan KC)
      • Playcorp Pty Ltd v Lineville Pty Ltd (subject to deed of company arrangement) t/as Robins Kitchens [2014] FCA 224
      • Re Ascot Vale Self-Storage Centre Pty Ltd (in liq) (2014) 98 ACSR 243 (with P Bick KC)
      • Weeden v Rambaldi (2013) 92 ACSR 661 (FCAFC) (with P Collinson KC)
      • Ascot Vale Self Storage Centre Pty Ltd v Wallace Smith [2013] VSC 519 (with P Bick KC)
      • Perpetual Nominees Limited v Rytelle Pty Ltd [2013] VSC 9; [2012] VSC 440 (with P Bick KC)
      • Oliver Hume Apartments (Vic) Pty Ltd v Troy Barkly Nominees Property Group Pty Ltd [2013] VCC 398
      • Weeden v Rambaldi (2012) 290 ALR 312 (FCA); [2012] FCA 647 (with J Peters KC)
      • Szanitop Homes Pty Ltd v Krok (2012) 36 VR 56 (with R Merkel KC)
      • Gotha Investments Pty Ltd v Westons Property (Vic) Pty Ltd [2012] VCC 1161 (with P Bick KC)
      • Environinvest Ltd v HLB Mann Judd (Vic Partnership) [2012] FCA 1307 (with M Hoffmann KC)
      • Jervois Mining Limited v EMC Metals Group S CI 2012 03571 (with M Hoffmann KC)
      • Peachbulk Pty Ltd v R T Edgar Pty Ltd [2012] VCC 39; [2011] VCC 1465; [2011] VCC 1370 (with P Bick KC)
      • Noce v Building Practitioners Board [2011] VSC 350
      • Fluor Australia Pty Ltd and Victorian Workcover Authority SC1 2606 of 2011 (with R Gorton KC)
      • In the matter of Rennie Produce (Aust) Pty Ltd (in liquidation) (FCA) VID 1116 of 2010 (with L Glick KC)
      • Ambridge Investments Pty Ltd (in liq) (rec apptd) v Baker [2010] VSC 59; [2010] VSC 234; [2010] VSC 282 (with P Bick QC, E.W Alstergen KC)
      • N and J Rogers Pty Ltd trading as Performance Pools v Rippingale [2010] VCAT 1899
      • Allison v BDO (NSW-Vic) Pty Ltd SCI 2009, 10625 and BDO Group Investments (NSW-VIC) Pty Ltd v Ngo SCI 1192 of 2010 (with L Glick KC)
      • Biota Scientific Management Pty Ltd v Glaxo Group Ltd [2008] VSC 110 (with S Anderson KC and others).


      Liability limited by a scheme approved under Professional Standards Legislation.

    • Popova Karina

      Karina has a successful practice encompassing common law, criminal law, coronial work and regulatory proceedings.

      She has a strong interest in cases involving personal injury law, medical negligence and historical sex abuse. Since coming to the Bar she has appeared in a wide range of matters in the Magistrates’ Court, County Court and Supreme Court. She accepts briefs to represent Plaintiffs and Defendants in trials and appeals.

      Karina’s coronial practice has included investigations into death in custody, bushfires, road rescue and applications to re-open investigations. She has appeared on behalf of the CFA, families and other interested parties.

      Karina’s regulatory practice includes advising and appearing on behalf of medical professionals.

      Prior to coming to the Bar, Karina was the associate to the Hon. Justice Kaye at the Supreme Court of Victoria, during which time his Honour sat in the Common Law and Criminal Law Divisions, as well as the Court of Appeal.

      Karina has previously worked as a solicitor at Abrahams Meese Lawyers, where she had a general commercial practice. Since coming to the Bar, Karina has continued providing advice in commercial disputes and has appeared in trials, applications and mediations.

      Before admission as a solicitor, Karina worked as a paralegal at criminal law firms and volunteered at Moonee Valley Legal Service.

      Karina is fluent in Russian and understands Ukrainian.

      Karina read with Chris Winneke QC and her senior mentor is Dr. Matthew Collins QC.

      Karina has a Masters of Laws from The University of Melbourne.


      From 16 May 2013, liability limited by a scheme approved under Professional Standards legislation.

    • Herzfeld Perry

      Perry was Associate to the Hon. Justice Susan Crennan of the High Court of Australia in 2008-2009.

      Before his Associateship, Perry was a lawyer in the litigation department at Allens Arthur Robinson. In addition to general commercial litigation, his work included construction and insurance litigation as well as insurance advice. While at Allens, Perry also spent time in mergers and acquisitions, where he worked on various takeover bids and schemes of arrangement.

      Perry has a First Class Honours law degree and a Master of Laws from the University of Melbourne, and was awarded the Spero Wilson Memorial Scholarship for the student placed second on the Final Law Honours List. He is an author of the text Interpretation (3rd ed, 2024), which covers statutory interpretation, constitutional interpretation, the interpretation of private legal documents, interpretation of court orders and the rules of precedent. He has been published in national and international law journals, including in the areas of insurance, arbitration, private international law and constitutional law. He is a fellow of the Australian Academy of Law.

      Perry is the editor of the New South Wales Law Reports.


      Liability limited by a scheme approved under Professional Standards Legislation

    • Crennan Susan

      The Hon. Susan Crennan AC has returned to the Victorian Bar after recently retiring as a Justice of the High Court of Australia.

      Her areas of practice are Arbitration Mediation and Expert Evaluation Services.

      Her chambers are located on the 18th floor of Owen Dixon Chambers West, and Level 34, New Chambers, 126 Phillip Street, Sydney.

      Please contact John Dever, Barristers Clerk, for any further information.

    • The Hon. John Digby KC

      We are pleased to announce that The Honourable John Digby KC, who has recently retired from the Supreme Court of Victoria, has returned to Devers List and is available to undertake Arbitration, Expert Evaluations and Mediation work.

      John was admitted to practice and joined the Victorian Bar in 1979, and was appointed Queens Counsel 1993.

      In 2012 John was appointed to the Supreme Court of Victoria and sat as a judge in the Commercial List, and was during his appointment the Judge in Admiralty and Judge in Charge of the Technology, Engineering and Construction List.

      While at the Bar John built a reputation as a leading commercial barrister specialising in engineering and construction matters and appeared in numerous large and complex Court proceedings and major municipal and International Arbitrations both in Australia and abroad. John also acted as an Arbitrator.

      John was a Senior Fellow of the Law school of Melbourne University and lectured part time for more than a decade in the Masters Course in International Construction Law focusing on International Arbitration Law.

      John has served for more than a decade as a Director and the Treasurer of the Australian Academy of Law and is a past President of the Commercial Bar Association of the Victorian Bar. John served on the Executive of the Victorian Bar Council and was Chairman of the Victorian Bar in 2008-2009.

      John is Chairman of Barristers Chambers Limited and Chairman of the Victorian Bar Foundation, and Chairman of the Victorian Commercial Arbitration Scheme.

    • Waters James

      James is a specialist in large, complex litigation and is regularly briefed in technical, engineering, and construction disputes, insurance matters and class actions.

      James advises and appears in bet-the-farm litigation and arbitration for commercial parties , achieving the very best results. He is approachable, diligent and deploys strategic nous to gain advantage for his clients over the real issues in dispute. He is regularly briefed in technical disputes for contractors, principals and consultants.

      Prior to the Bar, James was an Associate at Allens in the construction disputes and commercial litigation teams. His practice included advising construction and engineering clients on complex construction and technical disputes and the administration of major projects.

      Prior to his legal career, James worked as a mechatronics engineer in construction, industrial and consulting environments. As an engineer, James was involved in the construction of a major arterial transport link and consulted in relation to the design, installation and commissioning of a diverse range of bespoke robotics in various industrial settings.

      James read with Simon T Pitt and his senior mentor is Jeremy Twigg QC.

      LinkedIn & CV Link

      Recent matters include:

      • Cudlee Creek bushfire class action (ongoing) South Australian Supreme Court, acting for the plaintiff class involving substantial technical expert evidence, led by Gerard Dalton KC
      • Numerous flammable cladding matters: appearing unled for plaintiffs, consultants and builders in matters relating to Aluminium Composite Panel and EPS cladding, since acting for the fire engineer in the Lacrosse Apartments litigation (Tanah Merah Vic Pty Ltd (ACN 098 935 490) v Owners Corporation No 1 of PS613436T [2021] VSCA 72 - led by Tim Margetts KC)
      • Defending claims against HVAC designer ACT Supreme Court, unled (resolved)
      • Renewable energy:
        • Civil penalty proceedings by the Australian Energy Regulator in relation to the South Australian Black System Event 2018, for the AER, ongoing (led by Dr Ruth Higgins SC, Tom Clarke). Settlement approval of proceedings:
          • Australian Energy Regulator v AGL HP 1 Pty Ltd [2022] FCA 737 (Besanko J);
          • Australian Energy Regulator v Pacific Hydro Clements Gap Pty Ltd [2021] FCA 733 (White J);
          • Australian Energy Regulator v HWF 1 Pty Ltd [2021] FCA 732 (White J); and
          • Australian Energy Regulator v Snowtown Wind Farm Stage 2 Pty Ltd [2020] FCA 1845 (White J).
        • Renewable energy construction dispute for contractor in dispute with international wind turbine manufacturer in the Victorian Supreme Court (led by Tim Margetts KC); acting for crane contractor in disputes;
      • Arbitration:
        • large-scale infrastructure / public-private partnership social infrastructure dispute, $90m claim against professional adviser under ACICA rules. Resolved (led by Tim Margetts KC);
        • Acting for developer re $3m claims against civil contractor (unled);
        • successful resistance of challenge to arbitral jurisdiction (Lin Tiger Plastering Pty Ltd v Platinum Construction (Vic) Pty Ltd [2018] VSC 221) (unled);
        • Restraint of trade dispute for a large industrial parts business (and associated Supreme Court action) (led by Richard Attiwill KC);
        • Dispute involving the software and control systems on large agricultural machinery for a US-based manufacturer (unled);
      • Insurance proceedings:
        • $40m claim for business interruption and material damage under project special risks policy, Federal Court. Led by Gerard Dalton KC (resolved);
        • Successful defence of subrogated recovery concerning large fire Mahony v Logan [2019] VCC 1586. Led by Gerard Dalton KC;
        • Contamination of food and beverage products. Led by Gerard Dalton KC (resolved);
        • Successful defence of claim against solicitors Finch v Arnold Thomas and Becker Pty Ltd [2018] VCC 54 (led by Aileen Ryan KC, and then unled).
      • Building and construction matters: Security of Payment claims, various commercial / industrial and domestic building disputes in the County Court and VCAT relating to defects, quality, delays, costs; Klau v Elliot [2020] VCAT 1422; Slab heave matters (resolved); developer and builder disputes (resolved); F Bouhoussein Pty Ltd v Mackie Pty Ltd [2019] VCAT 1470; defects disputes (resolved); advising on various standard form contracts, including AS2124, AS4000-series, HIA, MBC4
      • Building Appeals Board and disciplinary proceedings (and associated administrative law reviews), including as Counsel Assisting and defending Building Practitioners' Board Inquiries and VBA Show Cause investigations into the conduct of Registered Building Practitioners; BAB proceedings involving building surveyors' conduct; protection works; approval of aluminium composite panels

      Other commercial law matters:

      • Dove Investments Pty Ltd v Mallee Track Health and Community Service [2016] VCC 1055 (led by Aileen Ryan QC)
      • Oppression proceedings;
      • Appearing in relation to a joint venture dispute regarding contributions made to a substantial residential property development;
      • Various sale of business / assets disputes, involving misrepresentations, Australian Consumer Law claims and common law claims; Kapila (Trustee), in the matter of Edelsten (Bankrupt) (No 2) [2016] FCA 1269 in relation to a dispute as to the application of US and Australian bankruptcy provisions
      • Acting for a substantial trading trust in a family / matrimonial dispute;
      • Applications for constructive and resulting trusts in family business disputes;
      • Various Pt IV of the Administration & Probate Act 1958 applications for testators family maintenance;
      • Applications for non-party costs orders;
      • Appearing for and defending claims under the Legal Profession Act 2004 and Legal Profession Uniform Law;

      James is member of:

      • the Aviation Law Association of Australia and New Zealand;
      • the Melbourne Marine Insurance Forum;
      • the Society of Construction Lawyers Australia; and
      • Melbourne TEC Chambers (MTECC).

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

    • Anderson Adrian

      Adrian is an advocate practising in sports law, disciplinary tribunals and appeals, defamation, suppression orders, contempt, common law/personal injuries, criminal and general commercial law. He brings to the Bar experience as a senior executive in major professional sport.

      A former partner in the commercial litigation division of Corrs Chambers Westgarth, Adrian was General Manager of Football Operations of the AFL from 2004-2012 establishing the AFL’s integrity unit, tribunal system and heading negotiations such as the Collective Bargaining Agreement. At Corrs, he was the principal media law advisor to the Herald Sun and 3AW. He also acted for the AFL Players’ Association, the Australian Cricketers’ Association, Greyhound Racing Victoria, and professional athletes in disciplinary matters, anti-doping cases and contractual disputes.

      Immediately prior to joining the Bar, Adrian:

      • conducted an integrity review for Cricket Australia concerning the threats of match fixing and doping
      • was appointed interim CEO of Cycling Australia by the Australian Sports Commission to implement governance and financial reform
      • conducted a player welfare review on behalf of the NRL.

      He has recently appeared in:

      • Defamation, ACL and injurious falsehood proceedings in the Supreme Court and County Court
      • Disciplinary tribunals and appeals in the Supreme Court , Court of Appeal, VCAT, the Victorian Racing Tribunal, the Racing Appeals Tribunal NSW, and the AFL, VFL and Football Victoria tribunals
      • A rape trial in the County Court
      • County Court negligence matters and serious injury applications
      • General commercial and criminal law matters
      • Court of Appeal matters.

      He is a committee member of the Melbourne Cricket Club, the National Golf Club, Chairman of MyGolf (JV between Golf Australia and PGA Australia), a Cricket Australia Conduct Commissioner, Chair of the Independent Integrity Division Hearing Panel of the Victorian Amateur Football Association, and Member of the Rules Committee of Harness Racing Australia. He has the indictable crime certificate.

      Recent matters in which Adrian has appeared include:

      Sports and other disciplinary matters:

      • Football Victoria v Nunawading Football Club, Theo, Khalfallah and ors, FV Tribunal, 14 July 2021
      • Counsel for Athletics Australia in selection disputes for Tokyo Olympics 2021
      • Bailey Fritsch, AFL Tribunal, 4 May 2021
      • Douglas and Tormey v HRV [2021] VSCA 128
      • Goodrich v Kilmore Racing Club and Racing Victoria [2021] VSC 20 (strike out application re claims of breach of contract, denial of natural justice, restraint of trade)
      • AFL/VFL Tribunal appearances for Essendon and GWS players 2015 - 2021, recently Ryan Angwin 30 March 2021
      • Douglas and Tormey v HRV [2020] VSC 568 (re jurisdiction of VCAT)
      • RV v Richard Laming (application to test RV sample, Judge Bowman, VRT, 21 April 2020)
      • Dr Brennan v Veterinary Practitioners Board (stay application, Senior Member Wentworth, 28 February 2020)
      • Des Dooley v Greyhound Racing Victoria [2020] VCAT 189 (life ban reduced due to special circumstances)
      • Jeff Tabone v HRV [2019] VCAT 1701 (TCO2 presentation charge - alleged material flaw in testing procedure)
      • Scott Dyer v HRV, VCAT, 8 October 2019 (appeal on penalty - involvement in race fixing)
      • HRV v Tormey and Douglas, RADB (Chair Judge Hicks), 24-25 September 2019, (tubing charge)
      • Diane Dooley v GRV [2019] VCAT 1514 with Brendan Murphy QC ('special circumstances' under GRV Rules)
      • Toby Greene v AFL, AFL Appeals Board (Chair Murray Kellam QC), 19 September 2019 , with Ross Gillies QC
      • AFLQ v Jason Burge, Tribunal 4 September 2019, and Appeal 10 September 2019
      • WRFL v Deer Park FC, VFL Disciplinary Committee, 27 August 2019 (salary cap charges)
      • Racing Victoria v Monica Croston, RADB (Chair Judge Bowman), 17 July 2019 (cobalt administration charge)
      • RNSW v David Brideoake, Stewards' inquiry before Mr Van Gestel, decision published 18 June 2019
      • HRV v Scott Dyer, RADB, 22 May 2019 (merits, corrupt conduct, and interference with test charges)
      • GRV v Des and Diane Dooley, RADB, 29 January 2019
      • HRV v Jack, Pitt and Bartley [2018] VCAT 1981 with Chris Winneke QC, and RADB 16 November 2018 (stay application and appeal)
      • Tardio v HRV, Cavanough J, [2018] VSC 722, and previous application to vacate stay 20/11/18
      • Cameron Fitzpatrick v HRNSW, Racing Appeals Tribunal NSW, 19 June 2018 with C Winneke QC (severity appeal)
      • HRV v Eastman, RADB, 28 May 2018 (race fixing charges)
      • Adrian Kenyon v GRV, RADB, 23 April 2018 (EPO administration charge)
      • Russell Clarke v Racing Victoria [2018] VCAT 747 (trainer licence application)
      • Chairman of the GRNSW Inquiry into the unauthorized export of greyhounds - Penalty decision for Michael Eberand (25/3/19), Decisions re Eberands, Cortis, Lagogiane (9/1/19), Michael Abbott (20/9/18), Farrugias (23/10/17), Paul Wheeler (20/4/18), Yiwen Xi and Wei Shan (24/4/18), and Cauchis (31/5/18)
      • Joshua Henshaw v Basketball Victoria Incorporated, Magistrate McCallum, Case No. H13331912, 8 February 2018,(injunction under Associations Incorporation Reform Act 2012 (Vic))
      • Ben Thompson v Racing Victoria, RADB (Chair Judge Bowman), 20 December 2017 (reckless riding charge)
      • QAFL Tribunal for Palm Beach Captain Jesse Derrick prior to QAFL grand final 2017
      • Victorian Building Authority v Jim Tsaganas [2017] VSCA 248 (with Chris Winneke QC)
      • Cyan Racing v Rogers Engineering & Development Pty Ltd, SCV injunction application, J Forrest J, 10 January 2017
      • Victorian Building Authority v Jim Tsaganas [2016] VCAT 1732 (plea before Dyer J)
      • HRV v Kilduff [2017] VCAT 2068, Snr Member Butcher (testosterone administration charge)
      • HRV v Vozlic [2017] VCAT 485, Vice President, Hampel J, (breach of conditions of disqualification)
      • HRV v Aiken (Snr Member Butcher, 26/4/17)
      • Racing Victoria v O’Brien, Mark Kavanagh and Dr Brennan (Decisions of RADB of 23/12/15 and 20/1/16)
      • Racing NSW v Sam Kavanagh, Dr Brennan and Dr Mathews (Racing Appeals Tribunal NSW decisions 6/5/16 and 17/6/16)
      • Greyhound Racing Victoria v Jason Thompson (RADB 3/4/17 and GRV appeal to VCAT 6/9/17)
      • Greyhound Racing Victoria v Braden Finn RADB decision 23/6/16 (cocaine presentation charge)
      • Victorian Football Federation Tribunal on behalf of North Sunshine Eagles SC and Diellon Memishi (2015)
      • Appeal against grand final disqualification on behalf of Melbourne East Basketball Association to Basketball Australia Appeals Tribunal (20/9/16)
      • Appeal on behalf of James Lawton and Adam Cullen to AFL Riverina Appeal Tribunal 5/9/15.

      Defamation/ACL/injurious falsehood/suppression orders/commercial

      • Stanowitsch International Pty Ltd v Steven Drake [2021] VCC 436 (ACL claim)
      • Farrah and DRF LLC v Smith and Doc Adam Pty Ltd [2021] VSC 158 (interlocutory injunction denied)
      • Holten v Fehsenfeld (Ruling) [2021] VCC 404 (pleading dispute in defamation and injurious falsehood claim)
      • Patrick Lennon v The Herald and Weekly Times Ltd (ruling) [2021] VSC 147
      • Abela v Tracey Grimshaw, Nine Network, and Neil Mitchell [2020] VCC 1237 (summary judgment for defendants)
      • Janet Young v Steve Healy [2018] VSC 546 (extension of time and default judgment applications)
      • Asmar v Fontana and Laurence [2018] VSC 382 (strike out application)
      • Appeared for Nationwide News Pty Ltd and the Age Company Pty Ltd before Bromberg J on 1/2/19 to oppose suppression application on behalf of the AWU in AWU v Registered Organisations Commissioner and Ors
      • Ptasznik v Australian Medical Association [2018] VSC 275
      • Appeared for ABC opposing application for blanket suppression order in DPP v Pell, Chief Judge Kidd, 24/5/18
      • Stuart Johnston v Nicola Holland [2017] VSC 597, John Dixon J, (with David Collins QC)
      • Stuart Johnston v Nicola Holland [2017] VSC 448, Derham AsJ
      • Hanks v Johnston [2015] VSC 570 and [2016] VSC 149
      • Johnston v Holland [2016] VSC 340
      • Nadinic v Nine Network Australia Pty Ltd (Supreme Court injunction application before Ginnane J, 13/5/15)
      • Hanks v Johnston [2016] VSC 629
      • advising and drawing pleadings in multiple other defamation and related proceedings issued in SCV, Federal Court, County Court and Magistrates Court.

      Crime

      • DPP v Clinton Leahy (rape trial in County Court of Victoria concluding 21 May 2019)
      • committal hearings, pleas, interlocutory matters.

      Common law/personal injury

      • Beau Hart v Beaumaris Junior Football Club, South Metro Junior Football League, and Bayside City Council (with Jeff Moore QC)
      • Multiple serious injury applications and personal injury proceedings.


      From 15 May 2015, liability limited by a scheme approved under Professional Standards legislation.

    • Barr Brad

      Brad specialises in commercial disputes, with particular expertise in class actions, contract, insurance, construction, property, consumer law and corporations law proceedings. He also practises extensively in common law matters.

      Brad appears regularly in trial, appellate and interlocutory hearings in all state and federal courts and tribunals, at mediations and arbitrations. He appears led, unled and as lead counsel.

      Brad is also a nationally accredited mediator and accepts briefs to mediate in all areas of the law.

      Brad was previously a solicitor in the commercial litigation group at Allens and an associate at the Supreme Court of Victoria in the Court of Appeal. He holds a Bachelor of Laws (First Class Honours) and a Bachelor of Arts from Monash University and a Master of Laws from the University of Melbourne.

      A brief selection of matters in which Brad has recently acted includes:

      COMMERCIAL LAW:

      - Aqua Star Pty Ltd v C P Aquaculture (India) PVT Ltd (2024, Court of Appeal, leading C Middleton) (Supply Agreement - Letter of credit - Sale of Goods Act 1958 (Vic) s 19(a) - Breach - Evidence Act 2008 (Vic) ss 69, 183)
      - Orion East Pty Ltd v Box Hill Institute (2022-2024, Supreme Court, led by P Neskovcin KC (as her Honour then was) and then J Gurr SC, briefed by Ashurst) (Development deed - Design development - Repudiation - Termination)
      - Lazarovski v Surbevski (2022-2024, Supreme Court, unled) (Oppression - Directors' duties)
      - Pact Group Holdings (Australia) Pty Ltd v Qube Logistics (Aust) Pty Ltd (2023-2024, Supreme Court, unled, briefed by Ashurst) (Misleading and deceptive conduct - Breach of contract - Detinue - Conversion)
      - Ripani v Century Legend Pty Ltd (2022-2024, Federal Court, led by S Stuckey KC) (Misleading and deceptive conduct - Reliance - Contract - Breach - Repudiation - Estoppel)
      - P20 ESG Acquisition Pty Ltd, in the matter of P20 ESG Acquisition Pty Ltd (2024, Federal Court, unled) (Sections 1322(4)(c) and (d) of the Corporations Act 2001 (Cth))
      - Ballymoss Pty Ltd v Kollaras & Co Pty Ltd (2022-2024, County Court, led by S Hay KC, with J Waller, briefed by Holding Redlich) (Customs duties - Duty drawback - Breach of warranty - Misleading and deceptive conduct)
      - Sarric Pty Ltd v Invidia Foods Pty Ltd (2023-2024, District Court of NSW, unled) (Business sale agreement - Loan facility deed - Service contract - Breach of contract - Acceleration - Unjust enrichment - Indemnity)
      - Sakellaropoulos v Sakellaropoulos (2023, Supreme Court, unled) (Heads of agreement - Deed of settlement - Performance)
      - Larkspur Tribeca Ltd v iSignthis Limited (BVI) (2023, Federal Court, led by G Bigmore KC, briefed by Colin Biggers & Paisley) (Breach of trust - Breach of fiduciary duty - Knowing receipt - Knowing assistance - Rectification - Misleading and deceptive conduct)
      - Santrev Pty Ltd v Orient Poultry (UK) Pty Ltd (2020-2023, Federal Court, unled) (Misleading and deceptive conduct - False and misleading representations - Passing off)
      -Prioletti Consultants Pty Ltd v Box Hill Institute (2022, Supreme Court, unled, briefed by Ashurst) (Registered training organisation - TAFE - Breach of contract - Misleading and deceptive conduct - Unconscionable conduct)
      - Century Legend Pty Ltd v Ripani [2022] FCAFC 191 (Led by S Stuckey QC) (Appeal - Misleading and deceptive conduct - Rejection of witness evidence - Exclusion clauses - Statutory rescission - Equitable rescission)
      - Energy Resources of Australia Ltd, in the matter of Energy Resources of Australia Ltd [2022] FCA 176 (Unled, briefed by Ashurst) (Sections 203AA(2), 205B(5), 1322(4)(c) of the Corporations Act 2001 (Cth))
      - The Walt Disney Company (Australia) Pty Ltd, in the matter of The Walt Disney Company (Australia) Pty Ltd (2022, Federal Court, unled, briefed by Ashurst) (Sections 1322(4)(c) and (d) of the Corporations Act 2001 (Cth))
      - RNB Equities Pty Ltd v Regal Funds Management Pty Ltd (2018-2021, Federal Court, led by G Bigmore QC and M Goldblatt, briefed by Logie Smith Lanyon) (Market manipulation - ss 1041A, 1041B, 1317HA Corporations Act 2001 (Cth) - Derivative financial instrument - Algorithmic trading - Market microstructure)
      - Bachy Soletanche Australia Pty Ltd v Geotech Pty Ltd (2020, Supreme Court, led by R Craig QC, briefed by Ashurst) (Breach of trust - Breach of joint venture deed - Preservation of trust property pending arbitration - "Material adverse effect" - "Material default" - Interim injunction - Interlocutory injunction - Mandatory injunction)
      - West Gate Tunnel Project (2019-2020, led by S Marks QC and R Craig QC, with B Slocum and S Mariole, briefed by Clayton Utz) (Acting for the State of Victoria)
      - Mortgage Finance Options Pty Ltd v Uniq Finance Australia Pty Ltd [2019] VCC 2156 (Unled) (Contract - Repudiation - Expectation damages - Assessment of damages - Whether GST should be included in damages)

      COMMON LAW:

      - Ram v Magri (2023-2024, Supreme Court, unled) (Contract of sale - Terms contract - Equitable lien - Professional negligence by solicitor - Breach of retainer)
      - Todd v Todd (2023-2024, Supreme Court, unled) (Inducing breach of contract - Injurious falsehood)
      - The Tailor Made Spirits Company Limited v Hall & Wilcox (2019, VCAT, unled, briefed by Minter Ellison) (Professional negligence - Breach of retainer - Breach of the Australian Consumer Law - Jurisdiction of VCAT)
      - Williams v AusNet Electricity Services Pty Ltd (2017, Supreme Court, led by G Harris QC, with T Jeffrie, briefed by Colin Biggers & Paisley) (Mickleham bushfire class action - Duty of care - Scope and content of duty - Breach of duty - Legal and factual causation - Apportionment - Contribution)

      BUILDING AND CONSTRUCTION:

      - Becon Investment Group Pty Ltd v Stojanovski (2023-2024, Supreme Court, unled) (Domestic building - Joint venture agreement - Constructive trust - Misleading and deceptive conduct - Estoppel - Restitution)
      - ACN 115 918 959 Pty Ltd v Moulieris (2018-2024, VCAT, led by R Craig QC, briefed by Gadens) (Domestic building - Prime cost items - Provisional sums - Variations - Repudiation - Restitution - Mann v Paterson Constructions Pty Ltd [2019] HCA 32 - Defects - Builder's warranties - Misleading and deceptive conduct)
      - In the matter of the Melbourne Cricket Ground [2022] VBAB 105 (Unled, briefed by Ashurst) (Section 160A Building Act 1993 (Vic) - Application to determine that the proposed performance solution for the cladding arrangement at the Northern Stand complies with the Building Code of Australia)
      - West Gate Tunnel Project (2019-2020, led by S Marks QC and R Craig QC, with B Slocum and S Mariole, briefed by Clayton Utz) (Acting for the State of Victoria)

      PRACTICE AND PROCEDURE:

      - ACN 115 918 959 Pty Ltd v Moulieris [2024] VSCA 71 (Led by R Craig KC, briefed by Gadens) (Appeal from Trial Division - Relevant and irrelevant considerations - Dismissal for want of prosecution - Hardship - Conduct of proceeding causing disadvantage)
      - Aqua Star Pty Ltd v C P Aquaculture (India) Pvt Ltd [2024] VSCA 67 (Leading C Middleton) (Application for stay of orders requiring payment of outstanding judgment debt pending appeal)
      - The King v Xpress Building Design Pty Ltd (2023-2024, Supreme Court, unled) (Contempt - Failure to comply with subpoena)
      - Ripani v Century Legend Pty Ltd (No 3) [2023] FCA 812 (Led by S Stuckey KC) (Scope of new trial - Misleading and deceptive conduct)
      - Gomez v Carrafa [2023] FCA 719 (Unled) (Application for extension of time to appeal – Leave to appeal required – No reasonable prospect of success)
      - Ballymoss Pty Ltd v Kollaras & Co Pty Ltd (No 4) [2023] VCC 1268 (Unled, briefed by Holding Redlich) (Particular discovery - Legal professional privilege - Waiver - Security for costs)
      - ACN 115 918 959 Pty Ltd v Moulieris [2022] VSC 555 (Led by R Craig KC, briefed by Gadens) (Appeal from VCAT - Relevant and irrelevant considerations - Legal unreasonableness - Dismissal for want of prosecution - Hardship - Conduct of proceeding causing disadvantage)
      - Gomez v Carrafa [2022] FCA 1013 (Unled) (Strike out application - Application for leave to amend - Bankruptcy - Allegation of malicious prosecution by trustee in bankruptcy – Allegation of misfeasance in public office by trustee in bankruptcy)
      - Gomez v Carrafa [2021] VSCA 661 (Unled) (Special federal matter – Transfer of proceeding to Federal Court – Whether appeal competent – Section 13(a) precludes appeal from decision of court in relation to transfer of proceeding under Act – Whether decision confined to reasons for transfer and not antecedent reasons)
      - Hunter Byron & Co Pty Ltd v AC Home Design Pty Ltd [2021] VSC 777 (Unled) (Judicial review of an order by VCAT – Natural justice – Appeal from an order of VCAT - Reasonable excuse for not attending the hearing)
      - ACN 115 918 959 Pty Ltd v Moulieris [2021] VCAT 1136 (Led by R Craig QC, briefed by Gadens) (Victorian Civil and Administrative Tribunal Act 1998 - Section 76 - Dismissal for want of prosecution - Section 78 - Conduct of proceeding causing disadvantage)
      - Mortgage Finance Options Pty Ltd v Uniq Finance Australia Pty Ltd (No 2) [2020] VCC 555 (Unled) (Costs - Offer of compromise - Calderbank offer - Costs on an indemnity basis)
      - RNB Equities Pty Ltd v Credit Suisse Investment Services (Australia) Ltd [2019] FCA 760 (Led by G Bigmore QC, briefed by Logie-Smith Lanyon) (Jurisdiction - Market manipulation - Breach of PDS - Whether "matter" arising under legislation - Accrued jurisdiction - Whether common substratum of facts)
      - RNB Equities Pty Ltd v Credit Suisse Investment Services (Australia) Limited (No 2) [2019] FCA 1385 (Led by M Goldblatt, briefed by Logie-Smith Lanyon) (Strike out application – Alternative claim for particulars)


       

      Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.

       

    • Ahern Greg

      A. Overview of Court and Mediation practice

      Greg came to the Bar in 1995 following 5 years as a corporate advisory and transaction lawyer with Freehills (now Herbert Smith Freehills).

      Over his 28 years at the Bar, Greg has acted in a broad range of commercial and corporate law matters, including corporate takeovers and reconstructions, commercial relationship disputes, investor class actions, corporate insolvency, managed investment schemes, professional negligence, building and construction, trade practices, aviation, copy right and Aged Care.

      Greg is a specialist in schemes of arrangement and has acted in some 40 schemes of arrangement to effect corporate takeovers, mergers, demergers and internal corporate restructures. Greg also teaches in this area as part of the Melbourne Law Masters program and regularly gives seminars to national law firms on recent developments in this field of the law. Greg is often retained where the proposed scheme of arrangement or trust acquisition proposal is complex or novel or where shareholder activism is anticipated. Further details are set out below regarding Greg’s practice in this area.

      Greg is also a nationally accredited mediator. Over the course of his career at the Bar, Greg has acted in numerous mediations across all State Courts and the Federal Court for both plaintiffs and defendants involving a broad spectrum of commercial and corporate disputes. This has included acting in multi-party mediations (often over several days). Greg brings this extensive experience and understanding to his role as mediator. Further details are set out below.

      Greg’s other areas of Court and advisory practice are corporate advisory work in relation to commercial transactions, commercial relationship disputes (including oppression proceedings and partnership disputes) disputes arising from share sale and sale of business agreements and complex commercial and contractual disputes, further details of which are set out below.

      B. Schemes of Arrangement

      Overview of expertise

      Greg has acted in 40 schemes of arrangement (and trust acquisition proposals) including schemes to effect corporate takeovers, mergers, demergers and internal reconstructions. These have included schemes of substantial transaction value such as the 2023 $9.5b acquisition by BHP of OZ Minerals Limited (in which Greg acted for OZ Minerals).

      For many years Greg has acted and appeared alone in substantial and complex schemes of arrangement. Greg has also led junior barristers in schemes of arrangement. While Greg continues to work, from time to time, with leading silks (from both Melbourne and Sydney, including in some of the schemes referred to below) in schemes of arrangement, he predominantly acts and appears alone in these matters. Greg has acted and appeared in a broad range of schemes of arrangement encompassing takeover (or change of control) schemes, demerger schemes, merger schemes, top-hatting restructure schemes, destapling restructure schemes involving share schemes and a trust scheme and internal reconstruction schemes involving orders under section 413 of the Corporations Act. Greg’s experience in this field of the law extends beyond the issues and challenges that commonly arise in schemes and includes navigating schemes through the court process in the context of complex transaction structures, bidding contests, shareholder activism and in one case acting for the acquirers where the target company was the subject of a class action proceeding.

      Greg has acted for target companies, acquirers and for ASIC.

      Schemes (and trust acquisition proposals) in which Greg has acted include the 2024 acquisition of Capitol Health by Integral Diagnostics (acting for Capitol Health), the 2023 acquisition by BHP of OZ Minerals Limited (in which Greg acted for OZ Minerals), the 2023 acquisition of SILK Laser Australia Limited by Wesfarmers (in which Greg acted for SILK Laser Australia), the 2023 Carbon Revolution Limited scheme (involving a scheme and a “de-SPAC” merger transaction in which Greg acted for Twin Ridge Capital Acquisition Corp, a special purpose acquisition company (known as a SPAC) listed on the New York Stock Exchange), the 2022 acquisition of Angel Seafood Holdings Ltd by Laguna Bay (in which Greg advised Angel Seafood in respect of certain aspects of that transaction), the 2021 acquisition by JBS Australia of the shares in Huon Aquaculture Group Limited (in which Greg acted and appeared for Huon and which involved two alternative but concurrently proposed schemes of arrangement, a simultaneous takeover bid and an associated share sale agreement in relation to the major shareholder), the 2021 acquisition proposal by NorthWest Healthcare Australia RE Limited for the units in the Australian Unity Healthcare Property Trust (an unlisted managed investment scheme) in which Greg acted for NorthWest and where the acquisition proposal was opposed by the responsible entity, the 2020 takeover of OptiComm Ltd by Uniti Group Limited (in which Greg acted and appeared for Uniti Group and which involved two competing proposals by Aware Super Pty Ltd) and the 2020 takeover of Village Roadshow Limited by BGH Capital (private equity) (in which Greg acted and appeared for Village Roadshow Corporation Pty Ltd – the largest shareholder in Village Roadshow Limited – which involved two alternative but concurrently proposed schemes of arrangement and an associated share sale agreement in relation to the major shareholder).

      Further details (by category) of some of the schemes of arrangement in which Greg has acted can be found here.

      Role extends beyond the Court process

      Greg's work in this field extends beyond the court process and includes pre-announcement review of transaction documents, advice on discrete transactional issues, advice and input regarding the structure and content of the scheme booklet, advice regarding recourse to the Takeovers Panel and the consideration of, and proposed response to, issues raised by ASIC.

      In addition to being retained by national law firms who practice in this area, Greg is also retained by boutique commercial law firms in these types of transactions.

      Complex scheme structures and shareholder activism

      Greg is often retained where the proposed scheme of arrangement or trust acquisition proposal is complex or novel or where shareholder activism is anticipated (as to shareholder activism, see the 2021 Huon scheme which involved shareholder activism by Tattarang Agrifood Pty Ltd and the 2020 Village Roadshow scheme where there was shareholder activism by an American based investment fund).

      Helping to shape or clarify the law

      In some schemes of arrange u>(where Greg acted for Kidman) on the question of whether a director receiving an additional benefit as part of the transaction is able to make a voting recommendation.

      Lecturing, seminars and submissions to Government and to the Court on potential areas of reform

      Greg co-lectures on the subject of "Schemes of Arrangement" (as a senior fellow) in the Melbourne Masters Program (University of Melbourne Law School) (having recently taught the course in 2023 and 2024) and has often given seminars about recent developments in this area to law firms who practice in this field.

      Greg was primarily responsible for the preparation of the submission made by the Commercial Bar Association of Victoria to the Treasury in June 2022 in response to the Treasury's consultation paper entitled " Corporate control transactions in Australia: consultation on options to improve schemes of arrangement, takeover bids, and the role of the Takeovers Panel".

      Greg also co-authored the joint submission made by the Victorian Bar and the Commercial Bar Association to the Federal Court on its consultation letter dated 15 May 2023 regarding potential changes in the manner in which schemes of arrangement are dealt with by the Federal Court.

      Greg is available to act in schemes of arrangement both in Victoria and interstate.

      C. Mediation

      Greg is a nationally accredited mediator and is available to act as a mediator both in Victoria and interstate.

      Greg has acted in numerous mediations across all State Courts and the Federal Court for both plaintiffs and defendants involving a broad spectrum of commercial and corporate disputes, including in the following areas - partnership disputes, franchising, Corporations Act oppression proceedings, share sale agreements, misleading and deceptive conduct claims in various contexts, professional negligence claims, investor class actions following a corporate collapse, guarantee claims, insolvency (including preference claims and trading while insolvent claims), rural law matters, contractual disputes (including complex and document heavy disputes), building and construction disputes and Aged Care.

      Greg has acted in multi-party mediations and understands the dynamic operating between multiple parties in the context of seeking to reach an overall settlement of a dispute. Greg has also acted in multi-day mediations and mediations which have been adjourned to enable further steps or actions to be taken by one or more of the parties in the context of the mediation process.

      Greg brings this extensive experience and understanding to his role as mediator.

      D. General commercial law expertise

      Greg’s other areas of Court and advisory practice are corporate advisory work in relation to commercial transactions, commercial relationship disputes (including oppression proceedings and partnership disputes) disputes arising from share sale and sale of business agreements and complex (document heavy) contractual disputes.

      E. Committees and Associations

      Greg is a member of:

      - the Corporations Committee of the Business Law Section of the Law Council of Australia; and

      - the Commercial Bar Association of Victoria.


      Liability limited by a scheme approved under Professional Standards legislation.

    • Badali Fatmir

      Fatmir is an experienced commercial and regulatory litigator specialising in contractual and corporate law disputes; tax disputes; environmental, major torts and product liability claims; regulatory investigations and prosecutions as well as proceedings before inquisitorial forums including coronial investigations and inquests, IBAC and Ombudsman's investigations; Judicial, Parliamentary and Royal Commissions of Inquiry.

      Prior to coming to the Bar, Fatmir was a Partner in the Disputes team at Gadens Melbourne (2010-2017) and a Senior Associate in the litigation group at Blake Dawson (now Ashurst).

      Fatmir is the current president of the National Product Liability Association and a Director of Inquire Australia.

      Fatmir has been listed in the Australian Financial Review's Best Lawyers for Litigation for 2016, 2017, 2018, 2019 and 2020.


       

       

      From 26th May 2017, liability limited by a scheme approved under Professional Standards legislation.


       

    • Albert Matthew

      Matthew practices in commercial, industrial and public law. He advises and acts in commercial disputes including contract, consumer, building and construction law. His public law matters include judicial and merits review, and acting as counsel assisting the Coroner.

      Matthew has appeared in all courts in the Australian hierarchy. Matthew’s recent appearances include:

      High Court of Australia
      • Plaintiff M70 and M106 v Minister for Immigration and Citizenship (the “Malaysia Solution Case”) (2011) 244 CLR 144 (led by D Mortimer SC (now Justice Mortimer of the Federal Court) and R Niall QC for the plaintiffs)
      Full Court of the Federal Court of Australia
      Federal Court of Australia
      Supreme Court of Victoria
      • McDonald v Legal Services Commissioner [2015] VSC 237 (led by J Burnside QC for Mr McDonald)
      • Murphy v State of Victoria (No 3) [2014] VSC 624 (led by J Burnside QC for Mr Murphy)
      • A.S v Minister for Immigration and Border Protection & Anor [2014] VSC 593 (led by M Lee SC for A.S)

      In 2014, Matthew worked at the Cape bar preparing two matters for the Constitutional Court in South Africa.

      Prior legal experience

      Matthew was a solicitor in the Executive Branch of the Victorian Government Solicitor's Office and the researcher to the Solicitor-General for Victoria (now Justice Tate of the Victorian Court of Appeal). Following that, he was the associate to Justice Habersberger of the Supreme Court of Victoria’s Commercial and Equity Division. For eighteen months prior to joining the Victorian Bar, Matthew was the sole researcher to Geoffrey Robertson QC.

      Education, teaching and publications

      Matthew completed his undergraduate degrees at the University of Melbourne and his postgraduate degree in international refugee law at the University of Oxford, for which he received the highest mark ever awarded for the course. Matthew lectures on public law in the Juris Doctor course at the University of Melbourne's Law School, at which he is a Senior Fellow.

      Matthew’s publications include:

      From 2nd Dec 2010, liability limited by a scheme approved under Professional Standards legislation.

    • Paul Anastassiou KC

      Paul was admitted to practice in 1985, coming to the Victorian Bar in 1987. Paul practised in a broad range of commercial litigation until he was appointed as a Justice of the Federal Court of Australia on 2 February 2019. He practised in fields that included insolvency, managed investment schemes, ASIC and ACCC investigations, Royal Commissions, professional negligence, product liability, securities class actions and other class actions, banking, equity, companies' regulation and intra company disputes such as oppression claims and cognate partnership and joint venture disputes, as well as many other subject- matter jurisdictions.

      During his time at the Bar, Paul was a director of Barrister’s Chambers Limited for many years and Chairman of that Company, and was a member of the Bar Council in the Senior Category and President of the Victorian Bar.

      Paul took silk in 2002 and thereafter appeared as leading counsel in many large and complex trials, including several large class actions, as well as appeals in the Federal Court and Supreme Court of Victoria. Paul is a very experienced advocate with extensive experience leading and cross-examining witnesses, including in relation to complex expert evidence. The last matter he appeared in prior to his appointment to the Federal Court was Cargill v Glencore. In Cargill, Paul led a team of juniors together with Lisa Nichols QC, now Justice Nichols of the Supreme Court of Victoria.

      Paul approaches his cases with an astute appreciation of forensic, evidentiary, and legal issues.

      Paul retired from the Federal Court on 29 April and has returned to the Bar. He is now looking for new challenges as an advocate, arbitrator, or mediator. He has extensive experience as a mediator and has acted as arbitrator in several matters.

      As a mediator, Paul has a proven track record of assisting parties to resolve their disputes by focusing on the real issues likely to be dispositive of the matter if it were run to judgment. He is also experienced with ‘Early Neutral Evaluations’ and referrals to experts or referees. In relation to litigation generally Paul is concerned to find solutions to problems and disputes which focus on the real interests of the parties and cost-effective resolutions, by compromise, or by judicial or arbitral determinations. Paul’s experience as a trial judge and appellate judge has deepened his expertise in finding ways to resolve complex disputes and, if necessary, determining the disputes by curial or arbitral processes.

      Liability limited by a scheme approved under Professional Standards legislation.

    • Ajzensztat Raph

      Raph has a broad civil practice, at both trial and appellate level. He practises primarily in torts, class actions, judicial review, insurance and coronial law. He has significant experience in a wide variety of common law matters, as well as experience in dealing with issues of choice of law and maritime law. He has significant experience appearing in court both led and unled.

      Recent matters in which he has been briefed include the following:

      • a product liability class action in the Federal Court of Australia;
      • various appeals, including appeals under the Coroners Act 2008, appeals to the Court of Appeal and to the Court of Appeal of New South Wales;
      • various coronial inquests, including as counsel assisting and as counsel for interested parties;
      • various professional liability claims and medical negligence claims;
      • claims involving issues of admiralty/maritime law;
      • claims involving issues of choice of law;
      • various tort claims including false imprisonment, assault and battery, intentional infliction of emotional distress, negligence and nuisance; and
      • a claim in the parens patriae jurisdiction of the Supreme Court of Victoria.



      From 24 Oct 2013, liability limited by a scheme approved under Professional Standards legislation.

    • Peter Riordan KC

      The Hon. Peter Riordan KC has recently retired from the Supreme Court where he was the Principal Judge of the Commercial Court and the Judge in charge of the Arbitration List. He also served as a Judge nominated by the Chief Justice to manage the Technology, Engineering and Construction List.

      He is a former Chairman of the Victorian Bar and President of the Australian Bar Association.

      He now practices in the areas of arbitration and mediation.

      Prior to his appointment to the Supreme Court, he practised extensively as a mediator and arbitrator (including International Arbitrations) throughout the States and Territories of Australia.

      He has published articles and conducted seminars and training on mediation.

      Enquiries regarding Mr Riordan can be made via his clerks; details on this page.

    • Bongiorno Daniel

      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.

    • Briggs Daniel


      Daniel is a commercial barrister with a practice focussing on insurance, corporations, equity and trusts, professional negligence, consumer protection, trade practices, and building and construction law. He is regularly briefed to appear in State and Federal jurisdictions, both unled and as a junior, and provides practical and considered advice to clients involved in complex disputes.

      Daniel commenced his legal career at Arnold Bloch Leibler in Melbourne, gaining a strong foundation in commercial law. He holds a Bachelor of Arts and a Bachelor of Laws from Monash University, and a Master of Laws from the University of Melbourne.

      Daniel's approach to practice is grounded in a clear understanding of the law and a commitment to delivering results through careful case preparation and thoughtful advocacy. Whether working independently or as part of a team, he is focused on providing clients with clear, strategic advice and effective representation.

      Committee positions

      • Member of the Commercial Bar Association (CommBar) Executive
      • Deputy Chair of the Building & Construction Section of CommBar
      • Member of the New Barristers Committee


      Recent matters

      Commercial and Corporations Law

      • Abaris Printing & Publishing Co. Pty Ltd and Swisslog Australia Pty Ltd: briefed on behalf of purchaser of a multi-million-dollar factory automation system in relation to a contractual dispute with the supplier (led by Jeremy Twigg KC)

      Insurance

      Building and Construction

      • Nicholas Snart v Victorian Building Authority: briefed on behalf of the VBA in relation to a review of a decision to take disciplinary action against a registered building practitioner (part-heard) (led by Peter Murdoch KC)
      • Central Pier (Docklands) Pty Ltd & Anor v Schiavello (Vic) Pty Ltd & Ors: briefed on behalf of the plaintiffs in relation to a claim for alleged breaches of contract and duty of care by the defendants resulting in a fire at the Woolshed Pub in Melbourne (settled before trial) (led by Peter Murdoch KC)

      Consumer Law

      • Hopkins v Daou & Ors: briefed on behalf of a defendant real estate agent in a claim for misleading and deceptive conduct (awaiting judgment) (unled)

      Trusts and Equity

      • Maradox Pty Ltd & Ors v Lipins Partners Pty Ltd: briefed on behalf of the accountant defendants in relation to a broader trusts dispute between members of a large family-owned business (ongoing) (unled)


      Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.

    • Blanden Chris

      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



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