Matthew is a leading industrial relations and employment barrister with extensive experience acting for many of Australia's largest companies in all jurisdictions. Matthew has a national practice and appears for clients across Australia in all areas of industrial and employment law, including an extensive appellate practice.
Matthew has particular experience in the building and construction, infrastructure, maintenance and engineering, mining, oil and gas, airlines, maritime, stevedoring, vehicle and the metal/electrical trades industries, as well as with a broad range of State and Federal Government agencies and instrumentalities.
Before joining the Bar in 2008, Matthew was a Senior Associate at Freehills (now Herbert Smith Freehills) in its Employee Relations Group. Matthew spent 2003 as Associate to Senior Deputy President Cartwright of the Australian Industrial Relations Commission, based in Sydney.
Matthew was named as preeminentin the category of Junior Counsel in the Doyle's Guide, Leading Employment & Industrial Relations Barristers Melbourne 2016 and in the Leading Employment and WHS Barristers - Melbourne 2017.
Major cases include:
High Court of Australia
Esso Australia Pty Ltd v AWU; AWU v Esso Australia Pty Ltd [2016] HCATrans 311
Full Court of the Federal Court of Australia
Qube Ports Pty Ltd v McMaster [2016] FCAFC 123;
Regional Express Holdings Ltd v AFAP [2016] FCAFC 147
Esso Australia Pty Ltd v Australian Workers’ Union [2016] FCAFC 72; (2016) 258 IR 396;
Maritime Union of Australia v Fair Work Commission [2015] FCAFC 56; (2015) 230 FCR 15;
CFMEU v Director of the FWBII [2014] FCAFC 101; (2014) 225 FCR 210;
State of Victoria v CFMEU [2013] FCAFC 160; (2013) 218 FCR 172;
ABCC v McConnell Dowell Constructors (Aust) Pty Ltd [2012] FCAFC 93; (2012) 203 FCR 345;
JJ Richards & Sons Pty Ltd v FWA [2012] FCAFC 53; (2012) 201 FCR 297;
Australian Industry Group v FWA (No 2) [2012] FCAFC 138; (2012) 228 IR 68
Australian Industry Group v FWA [2012] FCAFC 108; (2012) 205 FCR 339;
Federal Court of Australia
Simpson v Secretary, Department of Employment [2017] FCA 9
Director of the FWBII v CFMEU (No 2) [2016] FCA 436;
Director of the FWBII v CFMEU (The Yarra’s Edge Case) [2016] FCA 772
Regional Express Holdings Ltd v AFAP [2016] FCA 367
Murdoch University v NTEIU [2016] FCA 1151
Qube Ports Pty Ltd v McMaster [2016] FCA 59;
IEUA v Australian International Academy of Education Inc [2016] FCA 686;
IEUA v Australian International Academy of Education Inc [2016] FCA 140;
Director of the FWBII v CFMEU (No 2) (The Red & Blue Case) [2015] FCA 1462
Director of the FWBII v CFMEU (The Red & Blue Case) [2015] FCA 1125; (2015) 254 IR 200
McMaster v Qube Ports Pty Ltd [2015] FCA 1385; (2015) 331 ALR 439
Esso Australia Pty Ltd v AWU [2015] FCA 758; (2015) 253 IR 304
Australian Mines and Metals Association Inc v MUA [2015] FCA 677; (2015) 251 IR 75
Director of the FWBII v CFMEU [2015] FCA 47; (2015) 323 ALR 294
Director of the FWBII v CFMEU [2014] FCA 1373;
Director of the FWBII v CFMEU [2014] FCA 770;
Dickson v Downer EDI Works Pty Ltd (No 2) [2014] FCA 1329;
Dickson v Downer EDI Works Pty Ltd [2014] FCA 1134;
Kwefio-Okai v Australian College of Natural Medicine Pty Ltd (No 2) [2014] FCA 1124;
Kwefio-Okai v Australian College of Natural Medicine Pty Ltd [2014] FCA 854;
AMWU v Visy Packaging Pty Ltd (No 3) [2013] FCA 525; (2013) 216 FCR 70
CFMEU v Mammoet Australia Pty Ltd (No 2) [2012] FCA 1404; (2012) 209 FCR 123
CFMEU v Mammoet Australia Pty Ltd [2012] FCA 850; (2012) 206 FCR 135
CJ Manfield Pty Ltd v CEPU [2012] FCA 253;
Helal v McConnell Dowell Constructors (Aust) Pty Ltd (No 3) [2011] FCA 1344; (2011) 285 ALR 281
Helal v McConnell Dowell Constructors (Aust) Pty Ltd [2010] FCA 1462; (2010) 193 FCR 213
Telstra Corporation Ltd v CPSU [2008] FCA 1421
Full Bench of the Fair Work Commission
Bristow Helicopters Australia Pty Ltd v AFAP [2017] FWCFB 487;
MUA v MMA Offshore Logistics Pty Ltd [2017] FWCFB 660
United Voice v MSS Security Pty Ltd [2017] FWCFB 651;
Qantas Airways Ltd v Dawson [2017] FWCFB 41;
MMA Offshore Vessel Operations Pty Ltd v MUA [2016] FWCFB 3957
Australian Taxation Office v Shamir [2016] FWCFB 4185; (2016) 261 IR 176
Groote Eylandt Mining Company Pty Ltd v CFMEU [2016] FWCFB 2432
CFMEU v Fair Work Commission [2016] FWCFB 2262; (2016) 261 IR 1
Lloyd & Co Pty Ltd v Suttie [2016] FWCFB 144; (2016) 257 IR 1
Kentz (Australia) Pty Ltd v CEPU [2016] FWCFB 2019;
SSX Services Pty Ltd v AWU [2015] FWCFB 3964; (2015) 250 IR 377
CEPU v Utilities Management Pty Ltd [2015] FWCFB 3240;
Esso Australia Pty Ltd v AWU [2015] FWCFB 210;
Re Maritime Union of Australia [2014] FWCFB 1973; (2014) 241 IR 216;
RACV Road Service Pty Ltd v AMWU [2014] FWCFB 1629;
Parks Victoria v AWU [2013] FWCFB 950; (2013) 234 IR 242
Re GJE Pty Ltd [2013] FWCFB 1705; (2013) 232 IR 10;
NTEIU v Monash University [2013] FWCFB 5982
Full Bench of Fair Work Australia
CJ Manfield Pty Ltd v CEPU [2012] FWAFB 3534; (2012) 222 IR 457
FWA v Schweppes Australia Pty Ltd [2012] FWAFB 7858; (2012) 226 IR 236;
CEPU v CJ Manfield Pty Ltd [2011] FWAFB 6845; (2011) 213 IR 389
Australian Industry Group v ADJ Contracting Pty Ltd [2011] FWAFB 6684; (2011) 213 IR 165
CFMEU v Moyle Bendale Timber Pty Ltd [2011] FWAFB 6761; (2011) 213 IR 157
Ballarat Truck Centre Pty Ltd v Kerr [2011] FWAFB 5645; (2011) 212 IR 277;
JJ Richards & Sons Pty Ltd v TWU [2011] FWAFB 3377; (2011) 210 IR 231;
Technip Oceania Pty Ltd v Tracey [2011] FWAFB 6551;
Barton v GM Holden Ltd [2011] FWAFB 7604;
Webb v RMIT University [2011] FWAFB 8336
Coles Group Supply Chain Pty Ltd v National Union of Workers [2011] FWAFB 2425; (2011) 208 IR 44
Ziogas v Telstra Corporation Ltd [2010] FWAFB 2664; (2010) 195 IR 286;
Liability limited by a scheme approved under Professional Standards Legislation.
Joe's practice is predominantly involved in building and construction litigation and he has been briefed to advise prior to the commencement of litigation through to appearances in commercial and domestic building disputes in the Courts, VCAT and the Building Appeals Board at the trials of the proceedings. Joe has appeared for the various stakeholders in the industry including proprietors, contractors, sub contractors, architects, engineers and indemnity and warranty insurers. Many of the disputes that Joe has appeared in have involved complex and technical building and engineering issues concerning defective works claims; contract termination issues; programming and associated contractual issues including claims for extensions of time, prolongation and acceleration; advice concerning inter contract disputes during the course of the project etc. Before coming to the Bar, Joe was a solicitor and senior associate at Phillips Fox in Melbourne. During his employment Joe worked in the firm's construction division under the supervision of John Curtis and Chris Edquist. On coming to the Bar, Joe read with John Digby QC (now Justice Digby of the Supreme Court).Joe generates a rapport with his clients, guiding them through the maze that is often building and construction litigation. He also has a strong commercial instinct which enables a client's interest to be advanced in a strategic and cost effective manner. Some of the technology, construction and engineering disputes that Joe has been involved in include: Litigation Court proceedings.
* Some of these disputes have involved direct briefs in accordance with the Victorian Bar Rules.
Given the nature of building and construction disputes, Joe has appeared in numerous forms of ADR including mediations, compulsory conferences and informal negotiations and has been engaged as a mediator in respect of these types of disputes from time to time.
From 18/03/2010, Liability limited by a scheme approved under Professional Standards Legislation.
Fiona took silk in 2018. Prior to signing the Bar roll, Fiona was a senior associate in litigation at Allens (where she also undertook her articles). Fiona is also admitted to the New York Bar and from 2001- 2003 worked as a litigator in New York (at Milbank Tweed Hadley & McCloy LLP and Morrison Cohen LLP) where she appeared in US State and Federal Courts.
Fiona's practice is largely in the areas of commercial law, competition and consumer law, media law, contempt of court and class actions. Fiona is currently briefed in a number of class actions in State and Federal Courts. In 2023, she appeared on behalf of the Plaintiff in the 5 month trial of a class action against Bayer Australia Ltd (and others) in relation to the female contraceptive device Essure. In 2025, she appeared in a class action trial on behalf of protestors sprayed with OC spray by police at an environmental protest (claims of battery and breach of the Victorian Charter of Human Rights and Responsibilities). She successfully led her team in the G8 securities class action to both obtain and have approved on settlement the first group costs order in Victoria. In addition to trial work and preparation, she has appeared in numerous class action settlement approvals, group costs order applications and carriage disputes. She was also appointed by the Federal Court as contradictor in the settlement of the Robodebt class action. Fiona acted for the Plaintiff in the Manus Island class action and in the Black Saturday bushfires class action (Murrindindi). She has also regularly acted for the ACCC in both consumer and competition matters and on behalf of ASIC. A sample of cases in which she has appeared in a variety of jurisdictions in a variety of practice areas is set out below. Fiona also has extensive experience undertaking regulators' examinations, as counsel assisting in inquiries and in advisory work.
Fiona was awarded a First Class Honours degree in law from the University of Melbourne in 1998. She also undertook a semester of her law degree with a scholarship to the Universite Jean Moulin in Lyon, France in 1995. She speaks fluent French.
In 2022, 2023, 2024 and 2025 Fiona was listed as one of the leading class actions senior counsel in Doyles Guide. In 2011 Fiona received the Victorian Bar Pro Bono Public Interest/Justice Innovation Award (with Ron Merkel QC and Kris Walker).
Commercial, Competition and Consumer Law
ASIC v Mercer Superannuation Australia Limited (compliance with the reportable situations regime)(ongoing)
ACCC v Mobil Oil Australia Pty Ltd (misleading and deceptive conduct in the promotion of fuel)(ongoing)
ACCC v Lactalis Australia Pty Ltd [2022] FCA 1087; [2023] FCA 839 (breaches of the Dairy Code)
ACCC v Uber B.V. [2022] FCA 1466 (false and misleading representations with respect to price and cancellation policies)
ACCC v Mercedes Benz Australia/Pacific Pty Ltd [2022] FCA 1059 (failure to comply with recall notice relating to Takata airbags)
ACCC v Sumo Power Pty Ltd [2021] FCA 712 (misleading and deceptive conduct in the sale of electricity retailing services)
ACCC v Informed Sources Pty Ltd (2017)(collation and dissemination of petrol pricing data)
ACCC v Coles Supermarkets Pty Ltd [2014] FCA 634(misleading and deceptive advertising - "Baked Today Sold Today")
ACCC v Singtel Optus Pty Ltd [2011] FCA 87 (misleading and deceptive advertising - "Unlimited" broadband)
ACCC v SMS Global Pty Ltd [2011] FCA 855 (misrepresentation of government endorsement)
Commissions of Inquiry / Investigations
Hotel Quarantine Inquiry (2020) - acting for Department of Transport
ACCC Petrol Pricing Inquiry (2007) - counsel assisting (with Neil Young QC and Simon Marks QC)
Independent Broad-based Anti-corruption Commission (various dates) - acting for various individuals in a number of confidential matters
ACCC Investigations (various dates) - briefed as counsel assisting in various ACCC investigations into proposed mergers and acquisitions
ASIC Investigations (various dates) - acting for various individuals in a number of confidential matters
Class Actions
Prygodicz v Commonwealth (No 2)[2021] FCA 634 (Robodebt - contradictor)
Turner v Bayer Australia Ltd [2024] VSC 760(negligence and safety defect in relation to the female contraceptive device Essure)
McDonald v Commonwealth [2025] FCA 380 (acting for the funder in the approval of the settlement of the stolen wages litigation)
Divilli v WA Housing Authority (ongoing)(housing conditions in First Nations communities in WA)
Allen v G8 Education Limited (securities - misleading and deceptive conduct and breach of continuous disclosure obligations)[2022] VSC 32(GCO); [2024] VSC 487(settlement approval)
Gawler v FleetPartners Group Ltd [2024] VSC 365 (securities class action - GCO)
Warner v Ansell Ltd [2024] VSC 491 (securities class action - GCO)
Bain v International Capital Markets Pty Ltd [2024] FCA 847; Vingrys v International Capital Markets Pty Ltd [2024] VSC 445 (competing class actions in state and federal court).
Brown v State of Victoria (ongoing)(claims of battery and assault and seeking declarations pursuant to the Victorian Charter of Human Rights and Responsibilities on behalf of environmental protestors sprayed with oleoresin capsicum spray by police officers)
Kamsaee v Commonwealth [2017] VSC 537 (claims of negligence and false imprisonment on behalf of persons detained on Manus Island)
Rowe v Ausnet Electricity Services Pty Ltd [2015] VSC 232 (claims of negligence in relation to the Murrindindi Black Saturday bushfire)
Pathway Investments Pty Ltd v National Australia Bank Ltd [2012] VSC 625 (securities class action - failure to disclose to market exposure to collateralised debt obligations)
Contempt of Court
R v Slaveski [2015] VSC 400
R v Derryn Hinch [2013] VSC 520 (sub judice contempt and suppression order)
Allen v R [2013] VSCA 44 (appeal - failure to give evidence)
R v Slaveski [2012] VSCA 48 (appeal - contempt in the face of the court)
Zukanovic v Magistrates' Court at Moorabbin (2011) 32 VR 216 (contempt in the face of the court)
R v ABC [2007] VSC 498 (suppression order)
R v Nationwide News Pty Ltd [2006] VSC 420 (sub judice contempt)
Whistleblower Cases
IOOF v Maurice Blackburn [2016] VSC 311 (privilege dispute - confidentiality in whistleblower documents)
Smith v Victoria Police [2012] VSC 374 (appeal- application of confidentiality provisions to whistleblower discovery)
Owens v University of Melbourne [2008] VSC 174 (interplay between Whistleblower Protection Act and Accident Compensation Act.
Constitutional
Roach v Electoral Commissioner (2007) 233 CLR 162 (Constitutional - prisoner voting)
Rowe v Electoral Commissioner (2010) 243 CLR 1 (Constitutional - closure of electoral roll)
Other
Moriarty v Independent Commissioner Against Corruption (NT) [2022] NTSC 46 (judicial review of findings of the NT ICAC)
Setka v Dalton (2021) (malicious prosecution and false imprisonment in relation to events which took place in the course of an industrial dispute between the CFMEU and Boral Ltd)
Prior to signing the Bar Roll in 2000, Jane was a Solicitor at Mallesons Stephen Jaques in their Banking and Finance Group. At the Bar, Jane has developed a practice in taxation law, bankruptcy, corporate law and administrative law.
Jane has been briefed as junior counsel in a number of significant tax audits both for the ATO and taxpayer. She has advised with respect to the application of anti-avoidance provisions in the Income Tax and GST Acts. She has attended s.264 interviews and advised with respect to findings of fact and potential criminal liability. Jane has appeared in AAT tax review proceedings and tax appeals in the Federal Court and director penalty proceedings in the Supreme Court. In 2010, Jane spent a year working as a National Technical Advisor/Principal Litigator in the Recovery section of the Legal Services Branch at the ATO. There, her focus was complex bankruptcy issues, mareva injunctions, contested tax recovery proceedings and unfair preference actions (and mediations) and wind ups under the Corporations Law.
Jane is a past Committee Member of the Women Barristers' Association, the Equality Before the Law Committee and the Tax Bar Association.
Deborah appears in inquests on behalf of hospitals, residential aged care services, involving complex medical, surgical and radiological issues and has represented families, hospitals and medical practitioners, including surgeons, obstetricians and psychiatrists.
She also frequently appears in the Guardianship and Administration List on behalf of aged care services, hospitals and families in dispute about the care of their elder relatives. She has appeared in disputes over capacity, management of funds, compensation applications and diverse aspects of the jurisdiction.
Deborah also appears in Personal Injuries cases for plaintiffs and defendants.
Formerly, she edited the Aged Care section of the Fitzroy Legal Services Law Handbook
She appeared at VCAT on behalf of a public mental health service in the first appeal involving the provisions governing ECT in the Mental Health Act 2014.
Before coming to the Bar, Deborah was in house counsel for a large metropolitan public health service for 6 years.
She was the legal member on the Dental Practice Board of Victoria from 2005 to 2009 and chaired formal hearings on behalf of the Board between 2005 and 2008.
Julia specialises in the common law and personal injury jurisdictions.
She is experienced in preparing, advising and appearing in all jurisdictions for both plaintiffs and defendants in serious injury applications common law and statutory benefits claims, including work accidents, transport accidents, sexual assault, public liability and medical negligence claims.
She prepares paperwork in all these areas and is briefed to appear in Melbourne and on circuit. She has also advised and appeared in judicial review and Appeal matters.
From 16 May 2013, liability limited by a scheme approved under Professional Standards legislation.
Sergio Freire practises in commercial law. His practice encompasses general commercial, corporations, insolvency, equity and trusts, property, and banking and finance matters.
Before joining the bar, Sergio practised as a commercial litigation solicitor for more than 12 years: at Ashurst Australia in Melbourne (2002-2012) and, before that, at Allens in Brisbane (2000-2002).
Sergio holds a Bachelor of Commerce and Bachelor of Laws (Honours Class I) from the University of Queensland.
He has been recognised by Doyle's Guide (Leading Commercial Litigation & Dispute Resolution Barrister - Victoria; Leading Insolvency & Restructuring Junior Counsel - Victoria), and Best Lawyers in Australia.
He is a member of the ASIC Insolvency Practitioner Registration and Disciplinary Committee - Minister's Pool (2021-current; re-appointed March 2024).
He has also been a member of the Executive Committee of the Commercial Bar Association (2022-2024).
From 25th Oct 2012, liability limited by a scheme approved under Professional Standards legislation.
Retired from practice in August 2023.
Shaun Gladman KC practises in common law, insurance law, employment law, and public and administrative law. He specialises in appeals, applications for judicial review, and complex cases involving the operation of the Victorian and interstate accident compensation schemes.
Since 2018, Shaun has been recognised annually in Doyle's Guide to the "Best Barristers" in Victoria.
Shaun holds honours degrees in law and science (mathematics and physics) from the University of Melbourne.
A select list of appeal cases is set out below.
High Court of Australia:
Deal v Kodakkathanath (2016) 258 CLR 281 (led by Michael Wheelahan QC)
Keay v Metro Trains Melbourne Pty Ltd [2024] HCASL 16
Munday v St Vincent's Hospital Ltd [2021] HCASL 194 (led by Jeremy Ruskin QC)
Reading v TTB SMS Pty Ltd [2021] HCASL 8 (led by James Gorton QC)
Flowline Industries Pty Ltd v Aycicek [2019] HCASL 214 (led by Stephen O'Meara QC)
Southern Colour (Vic) Pty Ltd v Parr [2018] HCASL 73 (led by Bret Walker SC)
Full Court of the Federal Court of Australia:
Australian Mines & Metals Association Inc v Construction, Forestry, Maritime, Mining and Energy Union (2018) 268 FCR 128 (led by Stuart Wood QC)
Rogers v MHM Metals Ltd [2015] FCAFC 67 (led by Michael Wheelahan QC)
Victorian Court of Appeal:
Juma v Kone Elevators Pty Ltd [2024] VSCA 217
Milonas v Monash Health [2024] VSCA 57 (with Michelle Britbart KC)
Metro Trains Melbourne Pty Ltd v Keay (2023) 327 IR 184; [2023] VSCA 223
Garrett v Victorian WorkCover Authority (2023) 325 IR 244; [2023] VSCA 144 (led by Michelle Britbart KC)
Stevens v DP World Melbourne Ltd [2022] VSCA 285 (led by Paul O'Grady KC)
Foursquare Construction Management Pty Ltd v Victorian WorkCover Authority (2022) 68 VR 415 (led by Philip Solomon KC)
Bersee v Victoria (2022) 70 VR 260 (led by Michelle Britbart KC)
Griffiths v Nillumbik Shire Council [2022] VSCA 212
SMYBB Pty Ltd v Young [2022] VSCA 115 (led by Philip Solomon QC)
Lloyd v Healthscope Operations Pty Ltd [2021] VSCA 327 (led by Paul O'Grady QC)
Jack Bishop Pty Ltd v Trespa Holdings Pty Ltd [2021] VSCA 275
Victorian WorkCover Authority v Brassington [2021] VSCA 236
Munday v St Vincent's Hospital Ltd [2021] VSCA 170 (led by Jeremy Ruskin QC)
Museums Victoria v Susnjara [2021] VSCA 166
Victorian WorkCover Authority v Papaconstantinou [2021] VSCA 145 (led by Jeremy Ruskin QC)
McKenzie v Healthscope Operations Pty Ltd [2020] VSCA 309 (led by Stephen O'Meara QC)
TTB SMS Pty Ltd v Reading [2020] VSCA 203 (led by James Gorton QC)
Schembri v Victoria [2020] VSCA 145 (led by Stephen O'Meara QC)
Micheli v Khoushaba (2020) 92 MVR 133; [2020] VSCA 128 (led by Jeremy Ruskin QC)
Transport Accident Commission v Murdoch (2020) 92 MVR 1; [2020] VSCA 98 (led by James Gorton QC)
Apps v Victorian WorkCover Authority [2020] VSCA 21 (led by Stephen O'Meara QC)
Yeung v Santosa Realty Co Pty Ltd (2020) 60 VR 161; [2020] VSCA 29 (led by Jeremy Ruskin QC)
The Age Co Ltd v YZ (a pseudonym) (2019) 60 VR 189 (led by Stephen O'Meara QC)
Stephens v Transport Accident Commission (2019) 90 MVR 152; [2019] VSCA 234 (led by Stephen O'Meara QC)
Cardoso v Staff Australia Payroll Services Pty Ltd [2019] VSCA 139 (led by Stephen O'Meara QC)
Jovceva v Transport Accident Commission (2019) 88 MVR 323; [2019] VSCA 105 (led by Stephen O'Meara QC)
Yilmaz v Specialty Fashion Group Ltd [2019] VSCA 100 (led by James Gorton QC)
Weldemichael v ID Sales & Repairs Pty Ltd [2019] VSCA 68 (led by James Gorton QC)
Sheridan v Victorian WorkCover Authority [2019] VSCA 54 (led by Stephen O'Meara QC)
Aycicek v Flowline Industries Pty Ltd [2019] VSCA 37 (led by Stephen O'Meara QC)
Radosavljevic v Residential Commercial Industrial Roofing Pty Ltd [2018] VSCA 337 (led by Philip Solomon QC)
Tomasevic v Victoria [2018] VSCA 325 (led by Stephen O'Meara QC)
Petrovic v Victorian WorkCover Authority [2018] VSCA 243 (led by Michael Wheelahan QC)
Alegria v Transport Accident Commission (2017) 83 MVR 189; [2017] VSCA 379 (led by James Gorton QC)
Southern Colour (Vic) Pty Ltd v Parr [2017] VSCA 301 (led by Michael Wheelahan QC)
Victorian WorkCover Authority v BSA Ltd [2017] VSCA 276; [2017] VSCA 337 (led by Stephen O'Meara QC)
Deal v Kodakkathanath [No 2] [2017] VSCA 193 (led by Michael Wheelahan QC)
Connellan v Murphy [2017] VSCA 116 (led by Stephen O'Meara QC)
Mitchell v Latrobe Regional Hospital (2016) 51 VR 581 (led by Stephen O'Meara QC)
Poholke v Goldacres Trading Pty Ltd [2016] VSCA 232 (led by Michael Wheelahan QC)
Zhang v Joy Foods Australia Pty Ltd [2016] VSCA 199 (led by Michael Wheelahan QC)
Harris v DJD Earthmoving Pty Ltd [2016] VSCA 188 (led by Michael Wheelahan QC)
Haidar v Transport Accident Commission (2016) 77 MVR 121; [2016] VSCA 182 (led by Stephen O'Meara QC)
Kovacic v Transport Accident Commission (2016) 76 MVR 82; [2016] VSCA 139 (led by Michael Wheelahan QC)
Ren v Linen & Moore Pty Ltd [2016] VSCA 116 (led by Michael Wheelahan QC)
Wesfarmers Ltd v Lloyd [2016] VSCA 41 (led by James Gorton QC)
Abbas v Transport Accident Commission (2015) 72 MVR 182; [2015] VSCA 217 (led by Stephen O'Meara QC)
Govic v Boral Australian Gypsum Ltd (2015) 47 VR 430 (led by Michael Wheelahan QC)
Casey v Transport Accident Commission (2015) 70 MVR 45; [2015] VSCA 38 (led by Jeremy Ruskin QC)
Davidson v Transport Accident Commission (2015) 69 MVR 439; [2015] VSCA 12 (led by Jeremy Ruskin QC)
Transport Accident Commission v Campbell (2015) 69 MVR 410; [2015] VSCA 7 (led by Jeremy Ruskin QC)
Davies v Nilsen [2014] VSCA 278 (led by Jeremy Ruskin QC)
Green v Emergency Services Telecommunication Authority [2014] VSCA 207 (led by Michael Wheelahan QC)
Waterfall v Antony [2014] VSCA 44 (led by A Neill Murdoch SC)
Lumley General Insurance Ltd v Port Phillip City Council [2013] VSCA 367 (led by Anthony Kelly SC)
A Woodley Osteopathic Services Pty Ltd v Transport Accident Commission (2013) 46 VR 28 (led by Stephen O'Meara SC); [2014] VSCA 124 (unled)
Phelan v Transport Accident Commission (2013) 65 MVR 427; [2013] VSCA 306 (led by Stephen O'Meara SC)
Transport Accident Commission v Florrimell [2013] VSCA 247 (led by Robin Gorton QC)
Alsco Pty Ltd v Mircevic [2013] VSCA 229 (led by Stephen O'Meara SC)
Jones Lang Lasalle (Vic) Pty Ltd v Korlevski [2012] VSCA 305 (led by Michael Wheelahan SC)
Aluthgamage v Select Care Personnel Pty Ltd (2012) 35 VR 494 (led by MIchael Wheelahan SC)
From 27th October 2011, liability limited by a scheme approved under Professional Standards Legislation.
Practises extensively in Intellectual Property, Commercial Law and Mediation (both as mediator and counsel).
Also practises in Property, Information Technology, Trade Practices, Communications Law and Entertainment areas as well as general commercial work including Contractual, Landlord and Tenant, Building, Property, Trusts, Securities, Probate, Corporations and also Immigration, Defamation and Industrial/Employment.
From 09 Oct 2014, liability limited by a scheme approved under Professional Standards legislation.
Emily Golshtein practises primarily in common law and administrative law, including commissions and inquiries. Emily is regularly briefed to advise, prepare written work, and appear in trials, appeals and other hearings within those fields.
Before coming to the Bar, Emily was Senior Associate to the Honourable Justices Kaye AM and Bell AO in the Supreme Court of Victoria. As an Associate, Emily worked in both the trial and appellate divisions of the Court. Prior to her Associateships, Emily worked as a solicitor at the Transport Accident Commission (TAC), and in the Office of the Co-Prosecutors at the United Nations Extraordinary Chambers in the Courts of Cambodia.
Emily is listed in the 2024 and 2025 Doyle's Guide as a leading junior counsel in administrative and public law. Emily is a member of the Common Law Bar Association and Women Barristers Bar Association.
Emily read with Anna Robertson (now Her Honour Judge Robertson). Her senior mentor is Jeremy Ruskin KC.
A selection of recent and ongoing matters in which Emily has been briefed can be found here.
From 9 Dec 2016, liability limited by a scheme approved under Professional Standards legislation.
Timothy accepts civil and commercial briefs, and is a Nationally Accredited Mediator (AMDRAS). He is a Reporter for the Victorian Reports.
Before being called to the Bar, Timothy was a solicitor at MinterEllison (2014-17), and Associate to the Honourable Justice Beach of the Federal Court of Australia (2017-18).
Timothy is admitted to the degrees of Master of Laws (2022), Juris Doctor (2013), and Bachelor of Arts (2010) in the University of Melbourne, where he was an Editor of the Melbourne Journal of International Law (2013). He is a Professional Member of the Australian Restructuring Insolvency and Turnaround Association (RITP), and a Graduate Member of the Australian Institute of Company Directors (GAICD).
He read with Robert Craig (as his Honour then was).
Jon has a commercial practice including intellectual property, competition and consumer protection law, marketing and regulatory compliance.
Jon has a substantial background in matters involving technical issues and expert evidence. This includes intellectual property and matters involving regulatory or compliance issues such as consumer law, food regulation, veterinary and agricultural products and therapeutic goods. His practice includes building and construction and commercial disputes concerning the technical characteristics of goods or services.
Jon has particular expertise in intellectual property including patents, trademark and related branding rights, copyright, design and confidential information. Jon practices in patent litigation and actions relating to copyright, trademark and trade secrets. He practices in opposition proceedings for patents and trademarks, opposition to amendments and non-use applications. He also practices in intellectual property licensing, commercialisation and franchising, both in the context of disputes and providing strategic advice for business development.
He has advised clients in relation to consumer law issues, including, advertising, advertising disputes and scientific testing in relation to validating and challenging product claims. He has advised clients in relation to product development, packaging and labelling and in relation to nutritional, therapeutic, agricultural and veterinary products.
Before joining the Bar, Jon was a Senior Associate in the Intellectual Property and Litigation department of Allens Arthur Robinson. His non-law training is mostly in the medical and life sciences but he has engineering exposure and works with most areas of science and technology. Jon has had a substantial engagement with a generic pharmaceutical client.
Jon has worked on matters in the following areas:
Liability limited by a scheme approved under Professional Standards legislation.
Retired June 2024. Passed away July 17th 2024.
Gavan Griffith QC is counsel at the Australian and English (call at Lincoln’s Inn 1969) bars. He has over 30 years seniority holding 8 Commissions as Queen’s Counsel. He has had extensive practice as a commercial, constitutional and public international counsel, and since his return to private practice in 1998, has practiced principally from his London chambers, usually presiding as a member of international commercial and investment treaty dispute tribunals as Arbitrator.
After 20 years in private practice, he held office for 14 years from 1984 as the Solicitor-General of Australia. As Australia’s Second Law Officer, and pleaded some 250 constitutional and other cases before the entire bench of the High Court of Australia, as ex officio the leader of the Australian bars. He also has appeared in other superior appeal courts, including Malaysia, Fiji, Solomon Islands, and in the Judicial Committee of the Privy Council.
He was Agent and Counsel of Australia at the International Court of Justice in the several cases of Nauru v Australia, Portugal v Australia and the Nuclear Test Cases and also in two references by the WHA as to the legality of Nuclear Weapons.
He also represented Australia at the General Assembly, including the 6th Committee, Australian delegate and sometime Vice-Chairman of UNCITRAL and to The Hague Conference 1984 to 1997 and recurrent terms as member and sometime Chairman of the ITELSAT Panel of Legal Experts, the Permanent Court of Arbitration, and other international bodies.
In 1994 to 1995 he was seconded as Special Counsel to the United
Nations, New York, to write a report, since implemented, for the reform of the
legislative structure of the UN.
Experience
John's mediation and ADR interest goes back to when he first became accredited as an ADR Specialist in 1994 with the Law Institute.
Here is his full history:
John will travel wherever he is called!
John is familiar with Gippsland (having established the Victorian Bar there 1983 - 1989), Albury-Wodonga region, Wagga Wagga, and Wangaratta (having worked as a Solicitor for a National firm managing their Estate Litigation and Family Law 2012-2014) and having appeared on circuit in Albury, Bendigo and Ballarat in the Family Court and FCFCoA.
John says:
"I believe that there is a solution for every dispute and that Mediation can not only save both parties costs but also achieve a resolution that may not be available at the end of a long, costly and often bitter court dispute."
Paul has practiced exclusively in family law since signing the Bar Roll in 1998 and in his previous occupation as a Solicitor from 1993-1998 .
Paul's practice at the Bar includes appearing in Trials in all areas of family law litigation including complex parenting & financial proceedings, child support cases, international relocation applications and Appeals.
Paul is a Nationally Accredited Mediator and accepts appointments as mediator in all family law mediations including AIFLAM mediations .
Paul assisted the Victorian Bar Readers Course for a number of years in the evaluation of family law moots/advocacy. and he is a member of the Victorian Bar's Ethics Committee and Student Engagement Committee.
Paul is a member of the Family Law Bar Association, Law Council of Australia - Family Law Section, and AIFLAM.
Victorian Bar Committee Memberships:
Notable Cases:
A selection of Judgments in cases where Paul appeared include:
Tanev & Baumann [2023] FedCFamC1A 182 - – APPEAL – Appeal from final parenting, international relocation and financial orders - Paul was led by Minal Vohra S.C.
Baumann & Tanev (No 3) [2023] FedCFamC1F 593 - Application for stay of order pending Appeal.
Infield & Oberlin [2022] FedCFamC2F 1584 - Application to reopen proceedings - application opposed on Rice and Asplund principles - where mother's health has materially improved -application meets threshold.
Cottrell & Cottrell [2022] FedFamC2F 704 - Sole use & occupation -deceased party - whether estate entitled to occupy property.
Napier & Malpass [2020] FCCA 745 - International Relocation - mother's application to relocate to Italy with child.
Roden & Montiel [2019] FCCA 1641 - Child conceived via artificial insemination – whether or not the applicant sperm donor has standing to bring an application for parenting orders.
Easton & Easton [2017] FCCA 2126 - Application to set aside Final Property Orders - whether parties were thereafter engaged in a defacto relationship.
Newson & Gaffy [2016] FCCA 3397 - Whether proceeds of litigation held in fund of Supreme Court of Victoria property for the purposes of S.79 of the Family Law Act.
Scrivener & Neill [2016] FCCA 1758 - Initial Contributions- Business Income.
Griffith & Griffith [2015] FCCA - Competing applications to retain the family home -legal costs -add backs - S75(2) considerations.
Montano & Kinross [2014] FamCAFC 231 - APPEAL – Application to extend time to apply for property settlement.
Panda & Popa & Anor [2013] FCCA 2177 - Parenting orders – mother proposes relocation with children – property orders – whether loan by third party – whether debt owed by parties to third party and whether order should be made to repay debt – spousal maintenance.
Delaney & Delaney [2008] FMCAfam 674 - child expresses strong views to live with father - alienation of child - Court Expert urges court to extrictae child from "emotionally toxic enviroment" in father's care - court concludes shared care is the only viable alternative.
'Liability limited by a scheme approved under Professional Standards Legislation.'
Former solicitor at John W Ball & Sons.
Robert practises primarily in medical negligence. He acts for both plaintiffs and defendants. He appears in coronial inquests, medical negligence trials and other common law trials including cases involving catastrophically injured plaintiffs. He also appears in disciplinary hearings relating to health practitioners, occupiers' liability claims and has an extensive paperwork practice.
Acknowledged by Doyle's as one of Australia's leading senior counsel in arbitration, construction and infrastructure and by The Legal 500 Asia Pacific as a Tier 1 Leading Commercial Silk in Australia : “ A razor-sharp legal mind, gets to the core of the issues immediately and identifies important legal points that can sometimes sit in the background. Committed to the client. “
Fellow of the Chartered Institute of Arbitrators (London) (CIArb, FCIArb).
Articles at Freehill Hollingdale & Page: 1989.
Practiced thereafter at Freehills until coming to the Bar in 1994.
Principal areas of practice: commercial; insolvency; banking; company; equity; administrative; revenue; major building and construction; Oil and Gas; major torts.
Co-author of "Doing Business in Australia": Mathew Bender and "Halsbury's Laws of Australia" Title on Mortgages: Butterworths and author of various articles.
Lecturer equitable remedies Master of Laws Melbourne University.
Tutor in Trust Law Monash University.
Chair of the Bar's Victorian Commercial Arbitration Scheme (VCAS) Committee, Chair of the Bar’s (International and Domestic) Arbitration Committee and member of the Bar's Alternative Dispute Resolution Committee.
For Saipem in relation to $2Bil design and construction dispute of Oil and Gas facility.
For China Petrochemical Corporation (Sinopec) in relation $180m dispute in respect of a floating storage and off loading facility.
For APC Marine in relation to $40m arbitration in respect of a salvage claim.
For Woodside Petroleum in relation to a dispute over a drilling rig.
For Generation Victoria (formally Gas & Fuel Corporation of Victoria) against ESSO and BHPP in relation to the pass on of Petroleum Resource Rent Tax.
For SECV against Esso and BHPP in relation to the pass of Petroleum Resource Rent Tax
For Esposito Holdings in a $70m sale of business dispute with a Chinese purchaser.
For Origin Energy in a $26m in a delay and disruption claim relating to oil and gas drilling program.
For Praemium Limited in relation to a $7m software development claim against a Chinese bank
For Lanco Infratech Ltd and Griffin Coal against Perdaman Chemicals and Fertilisers in relation to $3.5 bil claim arising out of a coal supply agreement.
For Apache Fertilisers against Oswal in relation to a $500m claim arising out of a share sale agreement.
For Apache Energy Ltd and Apache Northwest Pty Ltd against Alcoa in relation to $180m claim arising out of a failure to supply gas.
For Apache Energy Ltd in relation to litigation and investigations arising out of an explosion at its Varanus Island facility in 2008 that disrupted 35% of Western Australia’s supply of gas.
For TDK Sports Taekwondo in relation to a dispute as to its membership of the Australian Olympic Committee, International Olympic Committee and the World Taekwondo Federation.
For BHP Billition (Bass Strait) Pty Ltd against the Commissioner of Taxation in relation to the assessment of Petroleum Resource Rent Tax.
For Lloyds of London in relation to various insurance disputes.
For the Legal Professional Practice Board in relation to professional negligence claims made against solicitors.
For insurers of Australian Financial Services License holders against various claims made by their clients.
For TAB Corp in relation to a dispute with the Victorian Racing Authority and Greyhound Racing Victoria over licensing fees.
For Lake Oil Ltd in relation to a dispute with the Victorian Government over a retention lease.
For JM Kelly (Project Builders) Ltd in a $50m construction dispute with the Toga Hotel group.
For Gas & Fuel Corporation of Victoria against a subsidiary of Hudson Conway Ltd. in relation to the termination of the contract to build a new head office building for the Gas & Fuel Corporation, damages claim $150M.
For Pacific Dunlop Limited against Maxitherm Boilers Pty Ltd in relation to the explosion of autoclave which destroyed a Pacific Dunlop factory in Bayswater.
For Nichicon (Singapore) Pty Ltd against Pacific Dunlop Limited in relation to the supply of components for 50,000 emergency lighting units supplied between 1984 and 1988.
For Gascor against Mr. Ellicott in relation to a dispute relating to the removal of Mr. Ellicott as an arbitrator in an arbitration between Gascor, Esso and BHPP.
For the Tobacco Institute of Australia against Mrs. Cremona in litigation related to a claim that tobacco caused her emphysema.
For Kvaerner Ltd. against John Holland Construction in a $13M dispute in relation to the design of a floating storage and off-loading facility known as the Cossack Pioneer operating off the coast of Western Australia.
For Telstra against QAI and Southern Cross Telco, in a $50M dispute related to the provision of wholesale telecommunication services to resellers in Australia.
For Lurgi against Austa Queensland in relation to a $5M dispute related to the construction of a Queensland power station.
For the Commissioner of Taxation in relation to a dispute with a taxpayer as to the collapse and repatriation of $2.3Bil of offshore income to Australia.
For the Commissioner of Taxation against ANZ Banking Group Ltd. in relation to a $90M assessment of a scheme involving the sale of annuities to obtain a tax benefit. The dispute ultimately resolved by the High Court.
For Coles Myer Ltd. in relation to a dispute with Bryan Quinn involving the breach of his duties as a director to the company and the misuse of company assets.
For Southern Energy (Shajiao C) Ltd. in a US$610M dispute with Alstrom Power Plant Ltd., Slipform Engineering Ltd. and CE International China Inc. in Hong Kong that related to the construction of a power station in Guandgong province in the Peoples Republic of China.
For the consortium that acquired the Loy Lang A power station in Victoria against the Commissioner of Taxation in a dispute involving the taxation of the $750M sale and leaseback structure used to acquire part of the power station.
For Christopher Corrigan and Robert Dunn, both directors of Patrick Stevedore, in a dispute with the Maritime Workers Union that related to the restructuring of the stevedoring businesses controlled by Patricks.
For Patricks Stevedore in a dispute with the International Transport Workers Federation in England in relation to the international black banning of ships that used Patrick Stevedoring’s services in Australia.
For Department of Premier and Cabinet and the Department of Justice that related to various freedom of information applications to obtain documents in matters, including:
For Esso in relation to events following an explosion and fire at the Longford Plants in Victoria in September 1998, which supplied 97% of Victoria's needs for natural gas, including acting at:
For Mirant Asia-Pacific in a dispute with Ove Arup & Partners (Hong Kong) Ltd in Hong Kong and in the High Court in London for a US$62 claim in relation to the Sual Power Station in the Republic of the Philippines.
For Transfield Pty Ltd and Obayashi Corporation for a $200 mil dispute as against the designer's of the tunnels involved in the City Link Project.
For the Victorian Department of Infrastructure in a dispute with Multiplex for a $7 mil claim that related to the Victorian Net Ball Centre.
For Coles Myer Ltd in a dispute with a former director, Miller, in relation to $11 mil wrongful dismissal claim.
From 01 Jul 2008, liability limited by a scheme approved under Professional Standards legislation.
Common law advocate, jury trial expertise, in all fields of personal injury claims - medical negligence, industrial and road accidents, school related injuries, police assaults, public liability, aviation and maritime accidents.
Other skills: inquests, professional disciplinary tribunals, medical college membership appeals
Also experienced company director and past Essential Services Commissioner (Victoria's Economic Regulator) and Trustee of Law Aid Trust. Past boards include Melbourne Water, Port of Melbourne, Victorian Responsible Gambling Foundation, Breastscreen Victoria, Gascor.
Currently director of RSPCA (Victoria)