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.
Stephanie Carmela Batsakis Brenker has a broad civil practice, practising in commercial law, public law and tort.
Before coming to the Bar, Stephanie was an Associate to the Hon Justice M M Gordon AC at the High Court of Australia.
Stephanie also practised in London and Tokyo as a solicitor in commercial litigation and arbitration: first, as a graduate solicitor at Herbert Smith Freehills LLP and then as an associate in general commercial, and banking and finance, litigation at Quinn Emanuel Urquhart & Sullivan LLP.
Stephanie holds a Bachelor of Civil Law from the University of Oxford, where she attended on an Allan Myers QC Scholarship. She also holds two first class honours degrees from the University of Melbourne: an undergraduate degree in Arts, which she attended as a Melbourne National Scholar, and a Juris Doctor degree in Law, where she was awarded the Joan Rosanove QC Memorial Prize.
Stephanie read with Meg O’Sullivan KC and her senior mentor was Rowena Orr KC.
Selected cases:
Class actions (commercial and common law)
Commercial (other)
Public law
Common law (other)
Awards:
Daniel Pollak Readers’ Award for first-year pro bono advocacy (2021).
From 8 May 2020, 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.
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. He is ranked by Doyles Guide as a Leading Professional Indemnity Junior Counsel in Victoria.
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.
Committee positions
Recent matters
Commercial and Corporations Law
Insurance
Building and Construction
Consumer Law
Trusts and Equity
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.
Andrew Broadfoot took silk in 2016 and appears in, and advises on, trials and appeals in tax, commercial, tort and administrative law. Principally his
clients are involved in the mining, petroleum and financial sectors. Accepts direct briefs from corporate clients.
He has also represented Commonwealth and State government authorities in a variety of matters ranging from taxation appeals, matters concerning statutory
interpretation, "serious injuries" as defined in applicable legislation, judicial review, and securities regulation, to the "Abalone class action"
which concerned liability in negligence for pure economic loss arising from a herpes like virus that killed a large proportion of Victoria's wild abalone
stocks. This was one of the largest class actions to run to judgment in Australia and successfully be defended. Also has experience in energy regulation
including electricity distribution.
He is experienced in dealing with expert evidence and has cross-examined experts practising in numerous disciplines including valuation, science, engineering, economics, medicine, health and safety and accounting.
In the revenue field he is experienced in dealing with transfer pricing related matters, capital/income issues, trust and property law issues, anti-avoidance legislation, research and development claims and application of the petroleum resource rent tax legislation.
Further details and a list of recent cases can be found via the professional profile link above. Connect with Andrew via LinkedIn http://www.linkedin.com/in/andrew-broadfoot-qc-41b47a2a
From 1 July 2008, Liability limited by a scheme approved under Professional Standards legislation
Spike practices in a broad range of litigation matters across all jurisdictions, but predominantly in commercial litigation.
He completed his traineeship (articles) in 2010 at a small firm named Christopher Bunnett Lawyers following which practised there as a solicitor before joining the bar. As a solicitor Spike practised mainly in commercial disputes, but from time to time ran matters in other areas including administrative law, professional disciplinary matters, common law, crime and inquests.
Since coming to the bar, Spike's practice has been in commercial litigation, common law, professional negligence and costs law.
Spike read with Chris Horan QC.
After admission Darryl joined Shell Australia in its Industrial Law Department. His period there included being the Senior Industrial Relations Officer at the Corio Refinery with regular appearances as an advocate for Shell in various industrial tribunals. As a result, Darryl understands the business environment as it interfaces with employment law.
Darryl appears regularly in the Fair Work commission, the Federal Court, Magistrates and County Court in unfair / unlawful / wrongful dismissals and general protection applications. He also appears regularly in Disciplinary Tribunals defending professionals with particular emphasis on medical and allied professions. He is also experienced in family violence, stalking and intervention orders, crime, equal opportunity, coronial inquests and guardianship matters. He has appeared in the County Court on a number of occasions in intervention order appeals.
Vice President of the Victorian Bar Council 2021/ 2022.
Phil practises in commercial and public law.
In public law, Phil has appeared in both judicial and merits review matters at all levels, including as a junior in the High Court of Australia. Phil has taught public law subjects at the University of Melbourne and La Trobe University.
Phil has particular expertise in professional regulation, environmental law and general administrative law cases (from licensing to patent matters). Phil has appeared for statutory bodies and professionals in numerous merits review and appeal proceedings in the regulation of accountants, lawyers and health practitioners, and is regularly briefed in merits review proceedings for both medical boards and health practitioners.
In commercial law, Phil has a broad practice including building and construction, sale of business and general contractual matters, in addition to insurance and banking cases.
Prior to coming to the Bar, Phil was a commercial and public litigation solicitor at Ashurst and Browne & Co in Melbourne, a Principal Legal Policy Officer in the Department of Justice in Victoria, and Associate to the Honourable Justice Habersberger in the Supreme Court of Victoria. Phil also practised in the United Kingdom with Richard Buxton Environmental and Public Law, with whom he instructed at the Supreme Court, and at the Compliance Committee for the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters at the United Nations in Geneva.
Phil is approachable and practical. His recent matters include:
Perrett-Abrahams v Psychology Board of Australia (Review and Regulation) [2017] VCAT 877
Rein v Australian Health Practitioner Regulation Agency (Human Rights) [2017] VCAT 452
Woolworths Limited v The Administrator of the Northern Territory & Ors Federal Court NTD7 of 2017 (for the Applicant challenging the legality of regulation under the Liquor Act (NT), with Alistair Wyville QC, resolved prior to hearing - regulation repealed and legislation amended)
Syme v Medical Board of Australia (Review and Regulation) [2016] VCAT 2150
Rein v Nursing and Midwifery Board of Australia (Review and Regulation) [2016] VCAT1426
Environment Centre Northern Territory Inc v Minister for the Environment Federal Court NTD3 of 2016 (for the Applicant under the AD(JR) Act regarding approval under the EPBC Act of the Port Melville marine supply base, with Peter Gray QC, resolved prior to hearing - decision quashed and remitted)
Medical Board of Australia v Kemp (Review and Regulation) [2016] VCAT 2039
Jagroop v Minister for Immigration and Border Protection [2016] FCAFC 48
Dauguet v Centrelink [2015] FCA 1212
Sunesis Pharmaceuticals Inc v Commissioner of Patents [2015] FCAFC 29
Miles v Commissioner of Patents [2014] HCATrans 293
Miles v Commissioner of Patents [2014] FCAFC 109
Muto v Secretary to the Department of Planning and Community Development (Review and Regulation) [2013] VCAT 1533
From 17 May 2013, liability is limited by a scheme approved under Professional Standards legislation.
Megan was called to the Bar in October 2013, after completing an Associateship to Her Honour Judge Davis at the County Court of Victoria.
Megan accepts briefs for both plaintiffs and defendants, preparing paperwork and appearing in a wide variety of personal injury matters (in particular, WorkCover, TAC and public liability). She is experienced in appearing (both alone and led) in statutory benefits hearings, serious injury applications, judge-alone trials, jury trials and appeals.
Megan holds a Bachelor of Laws (First Class Honours) and a Bachelor of Arts (major in Japanese) from the University of Melbourne. She has also completed a Masters of Law (Legal Practice) at the Australian National University. Megan is currently the President of hte Compensation Law Bar Association. She has sat on the committee of the Compensation Law Bar Association since 2015 and served as Secretary from 2019 to 2021. She has also previously sat on the Victorian Bar's Pro-Bono Commitee, Sustainability Committee and the Women Barristers' Association Committee.
“From 24 Oct 2013, liability limited by a scheme approved under Professional Standards legislation.”
Roshena practises in commercial and public law.
Prior to coming to the bar, Roshena was a Senior Associate at Corrs Chambers Westgarth. Roshena acted for multinationals, government authorities and large public and private entities in a variety of matters in the Federal Court, Supreme Court and appellate courts.
Roshena holds a Bachelor of Arts and a Bachelor of Laws with Honours from Monash University and a Master of Laws from the University of Melbourne.
Roshena read with the Honourable Justice Catherine Button and her senior mentor was the Honourable Justice Niall (then Solicitor-General for Victoria).
Practice
Roshena has advised and appeared both led and unled in commercial and public law matters. Select matters in which Roshena has been briefed include:
Connective Services Pty Ltd & Anor v Lees & Ors (reserved) – acted for defendant directors in a 52 day trial in the Supreme Court of Victoria involving allegations of breaches of directors’ duties (led by Michael Borsky QC).
Crown Melbourne Royal Commission into the Casino Operator and Licence
Perth Casino Royal Commission
Acting for the State of Victoria in disputes regarding the West Gate Tunnel Project (led by Martin Scott QC).
Acting for the taxpayer in a confidential transfer pricing matter.
Warrnambool Cheese & Butter Factory Company Holdings Limited v Mondelez Australia (Foods) Limited - environmental contamination (led by Tomo Boston QC).
Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.
Amcor Flexibles Group Pty Ltd v AIG Australia Limited [2016] FCA 1428 – acted for insurer in dispute regarding breach of warranty on business purchase (led by Catherine Button QC).
Bodycorp Repairers Pty Ltd v GDG Legal Pty Ltd & Anor [2018] VSCA 32 and Bodycorp Repairers Pty Ltd v GDG Legal Pty Ltd & Anor [2017] VSC 200 – professional negligence (settled). Appeared both unled and led by Catherine Button QC.
Lopez v Harstedt Pty Ltd [2018] VSCA 19, Harstedt Pty Ltd v Tomanek [2018] VSCA 84 and Harstedt Pty Ltd v Apollo Development Enterprises Pty Ltd [2017] VCC 834 – fraudulent breach of trust and on appeal to the Court of Appeal (led by David Robertson QC).
Harstedt Pty Ltd v Lopez & Ors [2018] VCC 1361 - transfer of land with intent to defraud creditors (led by David Robertson QC).
Australian Motoring Services Pty Ltd v Victorian WorkCover Authority (VCAT, 2017) - acted for statutory authority in an insurance premium dispute (unled).
Celsius Fire Services Pty Ltd v Magistrates’ Court of Victoria - acted for plaintiff in Supreme Court judicial review proceedings arising out of a prosecution under the Occupational Health and Safety Act 2004 (Vic) (led by Timothy McEvoy QC and Anthony Strahan QC).
Dominion WFS Pty Ltd and Ors v Ace Insurance and Ors (Supreme Court of New South Wales) - contraventions of the Corporations Act and the Superannuation Industry (Supervision) Act (led by Andrew Coleman SC and Andrew Bailey).
Peter has an extensive commercial law practice. He has appeared in a number of long and complex matters, including at the appellate stage. He acts in and advises in connection with substantial commercial matters in areas of administrative law, contracts, corporations and securities law, equity and trusts, insolvency, insurance law, intellectual property, landlord and tenant, product liability, professional negligence, property law, trade practices and wills and estates.
Peter has appeared in and advised in connection with a number of class actions, including securities actions involving managed investment schemes (including recently Banksia, Willmott, Great Southern), product liability and environmental law.
Doyles Guide – Leading or recommended Professional Indemnity Senior Counsel 2020, 2021, 2022
Peter accepts briefs as a mediator.
A selection of cases he has recently appeared in are:
LL UP Pty Ltd v Kegland Distribution Pty Ltd [2024] VSC 651 (25 October 2024)
Company oppression, trusts, unclean hands
Australian Securities Ltd v Victorian Managed Insurance Authority [2024] VSC 542 (6 September 2024)
Domestic Building Insurance – right of financier to recovery indemnity
Carl Finance Pty Ltd v Argent Law Pty Ltd [2024] VSC 424 (22 July 2024)
Recitals in deed created binding obligations
Independent Tube Mills Pty Ltd (in liq) v Corplex Pty Ltd [2024] VSC 267 (24 May 2024)
Subrogation and assignability in insurance
Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors (No 6) [2024] VSC 171 (10 April 2024)
Election between remedies
Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors (No 5) [2024] VSC 6 (25 January 2024)
Remedies: damages and account of profits
Zhang v Zhang & Anor [2024] VSC 3 (16 January 2024)
Cross-vesting – removal from Supreme Court of Victoria to Federal Court of Australia
Sun v Sunshine International Australia Pty Ltd [2023] VSC 696 (29 November 2023)
Shareholder oppression
Mikkelsen v Li [2023] VSCA 255 (26 October 2023)
Misleading and deceptive conduct and contributory negligence
Krongold v Thurin [No 2] [2023] VSCA 210 (5 September 2023)
Costs: referral of questions to Court of Appeal
Krongold v Thurin [2023] VSCA 191 (17 August 2023)
Federal jurisdiction – referral power from Victorian Civil and Administrative Tribunal to Supreme Court of Victoria
Laird v Vallance [2023] VSCA 138 (8 June 2023)
Constructive trust – proprietary estoppel – representations by parents to son
Yin v Wu [2023] VSCA 130 (1 June 2023)
Foreign judgments – enforcement of judgment of Chinese Court. Summary judgment – restitution
Sam v Wu & Ors (Ruling) [2023] VCC 582 (18 April 2023)
Discovery, limitation, determination as to when loss suffered
Vanta Pty Ltd v Mantovani [2023] VSCA 53 (16 March 2023)
Lost trust deed – whether as a consequence trust property held on a constructive trust
Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors (No 3) [2023] VSC 135 (21 March 2023)
Breach of fiduciary duty – election between remedies.
Teico Investments & Anor v WA Blue Gum Limited & Anor [2022] VSC 379 (5 July 2022)
Managed investment scheme – trustees duties – defective Product Disclosure Statement
Taleb v Rijal [2022] VSC 259 (25 May 2022)
Motor vehicle, entitlement to hire car
Certain Underwriters at Lloyd's of London v Dhillon Scaffolding Pty Ltd [2022] VSCA 92 (18 May 2022)
Appeal, insurance, reasonable precautions requirement
Yehia v Williams [2022] VSC 197 (22 April 2022)
Motor vehicle, entitlement to hire car
Zivkovic v Parke [2022] VSCA 43 (31 March 2022)
Contract, settlement of proceedings, conditions precedent
Dugan v Process Holdings Pty Ltd (No 3) [2021] VSC 737 (12 November 2021)
Fiduciary duty – claim by shareholder that directors owed him fiduciary duties – damages – pleading
Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors [2021] VSC 572 (13 September 2021)
Breach of fiduciary duty, accountants, appropriation of business opportunity
Hamilton v Dominican Province of the Assumption & Anor [2021] VSC 261 (14 May 2021)
Limitations, personal injury, sexual abuse claim
Corporate insolvency, administration, sale and purchase of real estate
SF Cosentino Pty Ltd v Glendining [2020] VSCA 149 (9 June 2020)
Appeal: sale of business, guarantee
Braham v ACN 101 482 580 Pty Ltd [2020] VSCA 108 (6 May 2020)
Appeal – professional negligence, solicitors, managed investment scheme
Nom De Plume v Ascot Vale Self Storage [No 2] [2020] VSCA 70 (27 March 2020)
Appeal – insolvent trading, breach of financing agreement
Danbol Pty Ltd v Swiss Re International Se [2020] VSC 23 (7 February 2020)
Insurance – whether contract of insurance entered into
Ascot Vale Self Storage Pty Ltd (in Liq) v Nom de Plume Pty Ltd [2019] VSC 794 (4 December 2019)
Abuse of process – whether permanent stay warranted
Re Ballanbrae Pastoral Coy Pty Ltd [2019] VSC 808 (7 December 2019)
Wills and estates – executors commission
Re 99A Furlong Road Pty Ltd [2019] VSC 528 (2 August 2019)
Restraining lawyers from acting
SXIQ Pty Ltd v Kalmus [2019] VSC 429 (28 June 2019)
Employment law – summary dismissal for misconduct
Orwin v Rickards [2019] VSC 375 (7 June 2019)
Professional negligence – lawyers – family law
Professional negligence – solicitors liability for financial agreement under Part VIIIA of the Family Law Act
The Edge Development Group Pty Ltd v Jack Road Investments Pty Ltd [2019] VSCA 91 (24 April 2019)
Contract – whether agreement subject to contract
MA & J Tripodi Pty Ltd (v Swan Hill Chemicals Pty Ltd [2019] VSCA 46 (12 March 2019)
Damages – lost opportunity
Liability limited by a scheme approved under Professional Standards Legislation
Sarah's practice has a particular focus on professional negligence, disciplinary matters and costs disputes.
She is also regularly briefed in general commercial matters and particularly insurance disputes.
She also appears in guardianship, administration and Part IV proceedings.
Sarah appears in interlocutory applications, trials (in Melbourne, regional Victoria and interstate) and on appeals, as well as in mediations. She is regularly briefed to advise in costs disputes, potential disciplinary proceedings and general commercial matters. Her advice is practical and solution-focussed.
Before coming to the bar in 2005, Sarah was a solicitor for 9 years in Australia and the UK. She was the inaugural head of the Ethics Department at the Law Institute of Victoria and has lectured regularly on professional standards issues.
She is a former member of the panel of examiners for Monash University, an occasional tutor at the Leo Cussen institute, and a regular speaker by invitation at law practices and conferences.
Recent decisions include -
Costs disputes and appeals arising from costs proceedings
Russels v McCardel [2014] VSC 287 (instructed by the Australian Legal Costing Group before Bell J), successfully defending an appeal from the Costs Court involving provisions of the Electronic Transactions (Victoria) Act 2000 and Part 3.4 Legal Profession Act 2004.
GLS v Goodman Group Pty Ltd (2015) VSC 627 (instructed by Debra Paver Costs Lawyer before Macaulay J), successfully defending an appeal from the Costs Court involving complex arguments on the law of accord and satisfaction in the context of legal costs under the Victorian statutory regime and the right to review under Division 7 Legal Profession Act 2004.
Eagle Lawyers v Career Education Consultants Australia Pty Ltd & Anor [2013] VCC 1263 (before Anderson J), successfully obtaining judgment against the first defendant in an action for recovery of legal costs and a dispute as to the basis of charging.
Numerous costs disputes in VCAT, the Magistrates’ Court and the Supreme Court.
Disciplinary hearings and appeals
Tuferu v Legal Services Commissioner [2013] VSC 645 (instructed by the Office of the LSC before Zammit AsJ), successfully defending a judicial review and appeal as to sanction following findings of professional misconduct.
Numerous disciplinary proceedings since 2009. See most recently for example LSC v Rhoden (Legal Practice) [2015] VCAT 1546, LSC v Tuferu (Legal Practice) [2013] VCAT 1438, LSC v Khan (Legal Practice) [2013] VCAT 651.
General commercial
Cross Country Realty Victoria Pty Ltd & Anor v Ubertas 350 William Street Pty Ltd [2015] VCC 1012 (with T North SC instructed by Brand Partners before Lacava J), successfully striking out the plaintiffs’ claim and obtaining summary judgment on a counterclaim relating to payment and retention of commission in breach of mandatory disclosure obligations under the Estate Agents Act 1980, and opposing a subsequent successful application for leave to appeal with D Collins SC.
Solari v CGY Insurance Ltd (No.1) [2015] VCC 207 (before Misso J), considering the construction of contractual terms in a claim against a deemed manufacturer and brought directly against the insurer pursuant to s601AG Corporations Act 2001.
Probate, administration and Part IV
Matthews v Matthews [2009] VSC 308 (Osborn J) - successfully applying to remove an executor on grounds of serious misconduct.
Re will and estate of Angelo Marotta (dec’d) [2011] VSC 324 (Zammit AsJ) - successfully defending a claim for summary dismissal under Part 4.4 of the Civil Procedure Act 2010; the implications of “no real prospect of success†in the context of a Part IV claim.
From 19th July 2012, liability limited by a scheme approved under Professional Standards legislation.
Angus has appeared in the High Court, Federal Court and state Supreme and County Courts. He regularly advises and appears in relation to complex commercial disputes. Angus is listed as one of Australia's leading class actions junior counsel in Doyles Guide.
Angus's published appearances include:
Angus previously served as Associate to the Hon Justice David J Ashley AM at the Victorian Court of Appeal. Angus also worked in commercial disputes at Allens Linklaters and in the USA at Kaggle Inc (a Google subsidiary) managing contracting, intellectual property, and business development. Angus holds honours and masters degrees in law from the University of Melbourne.
Liability limited by a scheme approved under Professional Standards legislation.
Michael practices primarily in personal injury and insurance law.
His practice includes appearance and advice work in WorkCover, TAC, public liability, product liability, medical and professional negligence and asbestos matters. He regularly appears in damages trials, serious injury applications, de bene esse hearings and mediations.
From 27th October 2011, liability limited by a scheme approved under Professional Standards Legislation.
Andrew Clements QC is an experienced trial and appellate advocate practising mainly in the areas of personal injuries, product liability, torts generally, insurance and professional disciplinary tribunals.
From 03 May 2012, liability limited by a scheme approved under Professional Standards legislation.
Daniel regularly appears in the Supreme Court of Victoria, Federal Court, County Court of Victoria, the Courts of Appeal, and the Victorian Civil and Administrative Tribunal.
His particular areas of expertise are in competition and consumer law, property and proprietary estoppel, trusts, commercial contracts, restraints of trade, directors’ duties and partnerships. He is included in Australia's Best Lawyers for Competition Law (2018 to 2024), Commercial Law (2020 to 2024) and Litigation (2024).
He also actively practises in a wide range of other commercial matters, including corporations, insolvency, telecommunications, professional negligence and corporate governance, administrative law and local government. He is a qualified mediator.
Prior to signing the Bar Roll in 2004, Daniel was a Senior Associate in the Competition Group of Allens Linklaters in Melbourne and a director in the Telecommunications Group of the Australian Competition and Consumer Commission. He was Associate to the former Chief Justice of the High Court of Australia, Sir Gerard Brennan.
Daniel is the author of Competition Law - The Laws of Australia (2014 Thomson Reuters). He is currently author and editor of Competition Law (Laws of Australia) and was previously author and editor of Restraints of Trade (Laws of Australia). He has published several refereed articles in the areas of competition law, international trade law, law and economics, consumer protection and unconscionability.
He has Honours in Economics at Monash University, Master of Laws with first class honours at the University of Melbourne, and Master of Laws (Kent Scholar) at Columbia University Law School, New York. He was an Assistant Lecturer in Economics at Monash University. At the Law School of the University of Melbourne, he co-lectured Economics for Competition Lawyers in the Masters program and lectured Legal Theory in the Juris Doctor program.
Daniel was the Chair of the Competition and Consumer Law Section of the Commercial Bar Association of Victoria from 2019 to 2022. He is the Principal Examiner for Specialist Accreditation for Commercial Litigation for the Law Institute of Victoria.
'Liability limited by a scheme approved under Professional Standards Legislation.'
Toby principally practices in building and construction litigation and arbitration. Toby advises and appears as counsel in disputes ranging from small scale developments through to complex engineering and major infrastructure projects.
Recent major matters include:
From 2015 to 2023 Toby has been rated as pre-eminent, leading or recommended junior counsel in Melbourne and Australia by the peer reviewed Doyles guide.
Before joining the Bar, Toby worked as a Senior Associate in the construction and major projects group of Clayton Utz in Melbourne (2000-2008).
Toby holds honours degrees in law and chemical engineering and is also conversational in Mandarin Chinese and Danish.
From 01/07/2010, Liability limited by a scheme approved under Professional Standards Legislation.