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• Mukerjea Sandip
  

  Sandip appears and advises (both led and unled) in a range of common law, media, insurance and administrative law matters, including trials, inquests and appeals. In each of the past 10 years (2014-23) he was recognised by his peers in the AFR's annual 'Best Lawyers' list for his expertise in Defamation and Media Law. In 2022 and 2023 he was also listed in the area of Litigation and in 2023 in the area of Product Liability too. In 2016 and 2020-22 he was ranked by Doyle's Guide in the area of Technology, Media and Communications and in 2020 was also ranked in the area of professional indemnity insurance. In 2021, 2022 and 2024, he was recognised in the Asia-Pacific Legal 500 as one of Australia's leading media law junior counsel.

  He has extensive advocacy experience in defamation, breach of confidence, freedom of information and contempt of court matters, as well as in applications for non-publication orders in criminal and civil cases - where he is usually opposed to senior counsel. He has a sound knowledge of both civil and criminal procedure. In recent years he has advised and appeared in many of Victoria's most prominent media disputes, including acting for: News Corporation is its defence of defamation proceedings brought by Bruce Lehrmann; Bauer Media in defence of a defamation claim brought by actress, Rebel Wilson; Nationwide News in a defamation claim brought by musician, Daniel Johns; the ABC, The Age and the Daily Mail in defamation claims brought by Mick Gatto; Nine Network in various defamation claims including those brought by Prof Munjed Al Muderis and Queensland's Wagner family; Google, Twitter, Yahoo! and Microsoft in a series of defamation claims relating to search engines and social media; and over 30 media-respondents in a contempt of court prosecution brought by the DPP in relation to publicity which attended the jury verdict (since overturned on appeal) against Cardinal George Pell.

  Between January 2019 and November 2020, Sandip was one of the counsel assisting the Victorian Royal Commission into the Managament of Police Informants, where he was briefed to advise and appear on questions concerning suppression orders, public interest immunity and privilege claims. In that capacity he appeared on behalf of the Commission on numerous occasions in the High Court and Victorian Court of Appeal.

  Sandip also has specific expertise in relation to the Australian sports and racing industries, where he has advised or appeared for the Australian Football League and Racing Victoria Ltd in relation to commercial, regulatory and disciplinary matters. He is also an Independent Tribunal Chairperson for Tennis Australia. Notable cases include: acting for the Racing Stewards in the prosecution of jockey Danny Nikolic; acting for the AFL in the prosecution of Adelaide Football Club and others; acting for Mark 'Bomber' Thompson in the Essendon Football Club supplements prosecution; and acting for licensed horse trainers Danny O'Brien and Mark Kavanagh in the long running 'Cobalt' prosecutions.

  Sandip is a member of the Common Law Bar Association and the Commercial Bar Association. He also formerly edited the Defamation chapter of The Law Handbook and is a committee member for the Victorian Bar News.

  REPORTED APPEARANCES INCLUDE:

  Defamation / Media

  Hun v Aljazeera International (Malaysia) SDN BHD (No 2) [2023] FCA 1546 (6 December 2023) (Defamation - interlocutory costs order)

  Hun v Aljazeera International (Malaysia) SDN BHD [2023] FCA 1103 (15 September 2023) (Defamation - serious harm - led by Will Houghton KC)

  Bartlett v Roffey and Ors [2023] WASC 3 (16 August 2023) (Defamation - Cross-vesting - led by Matt Collins KS and with Holly Jager)

  Lehrmann v Network Ten Pty Limited (Limitation Extension) [2023] FCA 385 (28 April 2023) (Defamation - extension of limitation period - led by Renee Enbom KC)

  Gatto v Australian Broadcasting Corporation & Ors [2022] HCATrans 197 (11 November 2022) (Defamation - special leave application - led by Matt Collins KC)

  Gatto v Australian Broadcasting Corporation [2022] VSCA 66 (13 April 2022) (Defamation - appeal - led by Matt Collins KC)

  Gatto v Australian Broadcasting Corporation & Ors [2021] VSC 83 (26 February 2021) (Defamation - trial - led by Matt Collins KC)

  Gatto v Australian Broadcasting Corporation & Ors (No 1) [2020] VSC 420 (10 July 2020) (Defamation - application for trial by jury - led by Matt Collins KC)

  Ajaka v Nine Network Pty Ltd (No 2) [2022] NSWSC 765 (9 June 2022) (Defamation - preliminary discovery - led by Matt Collins KC)

  Nine Network Australia Pty Ltd v Ajaka [2022] NSWCA 91 (9 June 2022) (Defamation - appeal - preliminary discovery - led by Matt Collins KC)

  Bastiaan v Nine Entertainment Co Holdings Limited (No 2) [2022] FCA 187 (16 February 2022) (Contempt - costs)

  Bastiaan v Nine Entertainment Co Holdings Limited [2022] FCA 60 (11 February 2022) (Contempt - injunction - led by Will Houghton KC)

  Lanzer v Australian Broadcasting Corporation [2021] FCA 1283 (21 October 2021) (Defamation - injunction - led by Matt Collins KC)

  The Queen v The Herald & Weekly Times Pty Ltd [2021] VSC 253 (4 June 2021) (Contempt of Court trial - led by Will Houghton KC and Matt Collins KC, with Morgan McLay)

  The Queen v The Herald & Weekly Times Pty Ltd & Ors (Ruling No 2) [2020] VSC 800 (4 December 2020) (Contempt of Court No Case Submission - led by Will Houghton KC and Matt Collins KC, with Morgan McLay)

  Wilson v Bauer Media Pty Ltd & Anor [2018] HCATrans 238 (16 November 2018) (Defamation special leave application to High Court - led by David Jackson KC)

  Bauer Media Pty Ltd v Wilson (No 2) [2018] VSCA 154 (14 June 2018) (Defamation Appeal - led by Michael Wheelahan QC)

  Wilson v Bauer Media [2017] VSC 521 (13 September 2017) (Defamation Trial - led by Georgina Schoff KC)

  Nine Network Australia Pty Ltd & Ors v Wagner & Ors [2020] QCA 221 (13 October 2020) (Defamation appeal - led by Sandy Dawson SC)

  Morris v St Vincent's Health Australia Ltd & Anor [2020] VSC 690 (21 October 2020) (Defamation - application to amend pleading - led by Will Houghton KC)

  Nikolic v Nationwide News Pty Ltd [2020] VSC 98 (9 April 2020) (Defamation / Injurious Falsehood - summary judgment application)

  Nikolic v Twitter & Ors [2020] VSC 101 (9 April 2020) (Defamation - summary judgment application)

  Khan v The Age Company Pty Ltd & Ors [2019] VSC 839 (6 December 2019) (Defamation - application to set aside judgment)

  Trkulja v Microsoft Corporation (Ruling No 2) [2019] VSC 310 (7 May 2019) (Defamation - application to amend pleading)

  Ewins v State of Victoria [2019] VSC 129 (7 March 2019) (Defamation - application to strike-out pleading)

  Dinh v Nine Network Australia Pty Ltd [2018] VSC 464 (15 August 2018) (Defamation - application for interlocutory injunction)

  Trkulja v Microsoft [2018] VSC 399 (23 July 2018) (Defamation - summary judgment application - led by Matt Collins KC)

  Moodie v Perna (Ruling No 1) [2018] VSC 158 (4 April 2018) (Defamation - release from Harman undertaking - led by Simon Wilson KC)

  Barrow v Bolt & Anor [2015] VSCA 107 (21 May 2015) (Defamation Appeal - led by Matt Collins KC)

  Barrow v Bolt & Anor [2014] VSC 599 (2 December 2014) (Defamation Trial - led by Matt Collins KC)

  Chief Commissioner of Police v The Herald & Weekly Times [2014] VSC 156 (10 April 2014) (Breach of Confidence - interlocutory injunction - led by David Gilbertson KC)

  Barrow v Bolt & Anor (Ruling No 3) [2014] VSC 16 (7 February 2014) (Defamation)

  Crisp v Fairfax Media Ltd & Ors [2012] VSC 615 (19 December 2012) (Defamation - application for interlocutory injunction - led by Matt Collins KC)

  Inquiries / Inquests / Administrative Law

  Chairperson of the Royal Commission into the Management of Police Informants v DPP [2020] VSCA 184 (8 July 2020) (Application to vary suppression orders - led by Penelope Neskovcin KC)

  AB (a pseudonym) v CD (a pseudonym); EF (a pseudonym) v CD (a pseudonym) [2019] HCA 6 (27 February 2019) (Suppression Order)

  AB v CD & EF [2019] VSCA 28 (21 February 2019) (Suppression Order - led by Penelope Neskovcin KC)

  Applebee v Monash CC (Review and Regulation) [2014] VCAT 257 (26 March 2014) (Statutory interpretation)

  Quinn v Greater Geelong CC (Review and Regulation) [2013] VCAT 286 (14 March 2013) (Dangerous dog declaration)

  Commercial / Trade Practices

  REA Group Limited v Fairfax Media Limited [2017] FCA 91 (13 February 2017) (Misleading and deceptive conduct - led by Tim McEvoy QC)

  TrinityP3 Pty Ltd v WIP Consulting Pty Ltd [2016] VSC 735 (2 December 2016) (Breach of contract, breach of confidence, restraint of trade)

  TPI Enterprises Ltd v Poppy Growers Tasmania Inc [2014] VSC 518 (24 October 2014) (Defamation, Misleading and Deceptive Conduct - led by Matt Collins KC)

  Norman South Pty Ltd & Anor v da Silva [2012] VSC 477 (18 October 2012) (Breach of Confidence Trial - led by Georgina Schoff KC)

  Dewhurst v Australian Taxation Office [2012] FWA 8288 (1 October 2012) (Enterprise agreement dispute)

  Common Law / Insurance

  Linard v Wellington Shire Council & Anor [2018] VCC 1205 (20 August 2018) (Private nuisance - trial)

  Deitrich v Pulse Pharmacy Northcote Pty Ltd [2014] VSC 307 (7 August 2014) (Medical Panel Judicial Review - led by Robin Gorton QC)

  Sports Law / Disciplinary

  Racing Victoria Limited v Riley [2016] VSCA 230 (21 September 2016); Riley v Racing Victoria Ltd [2015] VSC 527 (1 October 2015) (Disciplinary Appeal - led by Patrick Tehan KC)

  Fidge v Councillor Conduct Panel (Review and Regulation) [2014] VCAT 1477 (2 December 2014) (Disciplinary prosecution / Constitutional Law)

  Nikolic v Racing Victoria Limited (Occupational and Business Regulation) [2012] VCAT 1954 (21 December 2012) (Disciplinary prosecution - led by Philip Dunn KC)

  Freedom of Information

  Office of the Premier v Herald and Weekly Times [2013] VSCA 79 (12 April 2013) (Freedom of information Appeal - led by Matt Collins KC)

  Macdonnell v State Sport Centres Trust (Review and Regulation) [2018] VCAT 1616 (17 October 2018) (Freedom of Information)

  Suppression Orders

  Re WD (No 2) [2023] VSC 790 (22 December 2023) (Suppression Order / Declaration)

  Lum v Kay & Burton (Brighton) [2020] VMC 19 (27 August 2020) (Access to court documents)

  DPP v Pell (Review of Suppression Order) [2018] VCC 2125 (14 December 2018)

  DPP v Lawson & Ors (Ruling No. 2) [2012] VSC 469 (11 October 2012) (Suppression order)

  R v Benbrika & Ors (Ruling No 32) [2008] VSC 485 (26 August 2008) (Suppression order)

  R v Benbrika & Ors (Ruling No 13) [2007] VSC 543 (13 December 2007) (Suppression order)

  
  

  
  

  From 03 May 2012, liability limited by a scheme approved under Professional Standards legislation.

• O'Gorman Kateena
  

  Kateena has a BCL from Oxford University, where she studied as a Rhodes Scholar, and was associate to Justice McHugh for his final year on the High Court of Australia. Kateena was Lecturer in Corporate Law at Queen Mary, University of London. Kateena has a broad practice, with a focus on commercial litigation, public law and tax.

  Kateena's cases include:

  Public Law:

  • Acting for Victoria in High Court litigation concerning the validity of the Lockdown Directions: Gerner v State of Victoria (led by Kris Walker, Solicitor-General for Victoria, Craig Lenehan SC and with Tom Wood).
  • Acting for the applicant in Federal Court proceedings concerning the invalidity of the Robodebt scheme (led by Peter Hanks QC with Glyn Ayres).
  • Acting for the Attorney-General for the State of Victoria intervening appeals to the High Court, for example:
  • An appeal concerning section 2 of the New South Wales Constitution Act 1855 (NSW) (led by the Solicitor General for Victoria, Richard Niall QC): New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act [2016] HCA 50.
  • An appeal concerning the constitutional validity of South Australian sentencing laws: KMC v Director of Public Prosecutions [2020] HCA 6 (led by Kris Walker, Solicitor-General for Victoria).
  • Acting for the Attorney-General of the Commonwealth intervening in Awabdy v Electoral Commission of Queensland in the Queensland Court of Appeal concerning the Commonwealth's exclusive power to regulate federal elections (led by the Commonwealth Solicitor-General).
  • Acting for the Attorney-General (Cth) in Federal Court litigation concerning the International Transfer of Prisoners Act 1997 (Cth) (led by Stephen Lloyd SC).

  Class actions:

  • Acting for the plaintiffs in the challenge to Homes Victoria's decision to demolish the public housing towers.
  • Acting for the plaintiffs in a shareholders class action concerning Noumi.
  • Acting for the respondents in a class action concerning Roundup (led by Steven Finch QC and Rob Craig QC).
  • Acting for OZ Minerals Ltd in a shareholder class action in the Federal Court instructed by Freehills (led by Michael Garner QC with Rob Craig).

  Commercial law:

  • Acting for parties to power purchase agreements in the Federal Court.
  • Acting for former shareholders in a proceeding arising out of the acquisition of the shares in the business in the Victorian Supreme Court.
  • Acting for the plaintiff in respect of a misleading and deceptive conduct claim arising out of a large acquisition (led by Matt Collins QC).
  • Acting for United Petroleum Australia Pty Ltd in United Petroleum Aus

  Arbitrations:

  • Acting for a listed pharmaceutical company in arbitration proceedings instructed by MinterEllison (led by Chris Caleo QC).
  • Acting for a gas company at gas arbitrations (led by Michael Borsky QC).
  • Acting for parties in a sugar arbitration (led by GA Thompson QC).

  Regulatory and Corporate:

  • Acting for ASIC in proceedings concerning cyptocurrency.
  • Acting for ASIC in proceedings concerning the application of the Credit Code.
  • Acting for RI Advice in ASIC proceedings concerning cyber security (led by S Finch QC).
  • Acting for a foreign exchange trader in Federal Court proceedings brought by ASIC (led by Chris Archibald QC).
  • Appearing in Federal Court and Supreme Court proceedings concerning schemes of arrangement, including unit trust schemes: eg, Wellcom Group Limited, in the Matter of Wellcom Group Limited [2019] FCA 1655.

  Insolvency:

  • Acting for a property developer in proceedings commenced by ASIC in the Federal Court.
  • Appearing at liquidators' public examinations.
  • Advising directors of insolvent companies in respect of liabilities arising out of the liquidation.
  • Advising the ATO in respect of DOCAs.

  Criminal and Quasi-Criminal:

  • Acting for the Director of Public Prosecutions in criminal appeals (led by the Chief Crown Prosecutor): Cvetanovski v R [2020] VSCA 272; Tony Mokbel v R .
  • Counsel-assisting IBAC in examinations.
  • Acting for IBAC in litigation in the Supreme Court of Victoria and the Court of Appeal concerning ongoing investigations.
  • Acting for various nation states in proceedings to extradite persons arrested under extradition arrest warrants under the Extradition Act 1988 (Cth), for example:
  • Ghodskani v United States of America [2018] FCA 14; Castle v United States of America [2018] FCA 931; [2018] FCA 1079; Reyes v United States of America [2020] FCAFC 14;
  • Acting for Bosnia and Herzegovina in a proceeding concerning the interpretation of the Extradition Act 1988 (led by Stephen Donaghue QC in the FCFCA and unled in the FCA): Traljesic v Bosnia and Herzeovina [2017] FCAFC 70; [2016] FCA 383.
  • Providing advice in respect of the Proceeds of Crime Act 2002 (Cth) (led by S Donoaghue QC).

  Environmental law:

  • Acting for Amcor Ltd in proceedings in the Supreme Court of Victoria (instructed by Gilbert + Tobin and led by David Collins QC and then A Monichino QC) concerning the cost of reme

  Tax:

  • Acting variously for the taxpayer and for the Commissioner of State Revenue in a number of proceedings concerning the foreign purchaser additional duty (for land tax and duties).
  • Acting for the Commissioner of State Revenue in proceedings concerning the validity of assessments for land tax (led by Phil Solomon QC): Vasiliades v Commissioner of State Revenue [2016] VSC 544.
  • Providing various advice to the ATO and SRO in relation to proposed legislative reform.

  
  Royal Commissions:

  • Acting for Crown Hotels at the Inquiry into Hotel Quarantine (led by David Batt QC).
  • Acting for the Director of Public Prosecutions in the Royal Commission into the Management of Police Informants (led by C Caleo QC).
  • Junior counsel for the Commonwealth in the Queensland Floods Commission of Inquiry (led by F McLeod SC).
  • Acting for a class of businesses in the Royal Commission into the Home Insulation Program (led by Michael Windsor SC).

  
  

  
  

  From 27 Mar 2014, liability limited by a scheme approved under Professional Standards legislation.

• Paterson James
  

  Extensive experience as a commercial barrister primarily practising in the civil jurisdictions of the Federal, Supreme and County Courts and in appeals to the Court of Appeal and High Court of Australia. Retained to advise and appear in large and complex litigation and arbitrations concerning listed public and private companies, directors and individuals with domestic and international disputes, involving expert financial, accounting and valuation evidence. Interlocutory applications including injunctions.

  Recent and significant cases:

  • Middendorp Electric Co v HWL Ebsworth & Ors (VSC) (business purchase) (TPA, tort, insolvency, securities, alternative energy)
  • Mazzacca v S&I Enterprises (VSC)(property purchase) (real property, TPA)
  • Peluso v Gorman Kelly Real Estate(VSC)(real estate agency) (confidential information, data and information technology, employment law)
  • Wong v David Hughes & Ors (VSC) (contract, estate/wills/administrator)
  • Littore v Rabobank (VSC) (grape/wine production) (banking, primary industry, securities, insolvency)
  • Perfection Fresh Australia v Melbourne Market Authority (VSC) (new wholesale market) (injunction, group action, TPA, unconscionable, lease dispute, contract)
  • Commissioner of State Revenue v Aidlaw (VSC) (stamp duty) (taxation, contract, TPA)
  • Mirabella v Howard (VCAT) (Appeal) (estate/probate/wills, privacy)
  • Investec Bank v Mann & Mortimer (VSC) (building/construction, developer) (banking, contract, securities, strikeout)
  • Yan & Anor v Davinski Nominees (VSC) (undue influence/incapacity) (capacity, TPA, contract, company law)
  • Anderson v Van De Steeg (VSC) (managed investment scheme) (group action, financial services, ASIC, corporations law)
  • Fresh State Ltd v Mirvac (VSC)(wholesale market) (joint venture, contract, real property, infrastructure)
  • Sau Meng Wong Application (High Court of Singapore) (incapacity, administrator)
  • Windfarm Developments v Wind Hydrogen Pty Ltd (VSC) (alternative energy) (contract)
  • BHP v OkTedi Mining Ltd(for State of Victoria with Solicitor General) (VSC Court of Appeal) (contempt of court)
  • Toll Holdings Ltd v Patrick Corporation Ltd(VSC) (takeover) (corporations law, ASX listed public companies, mergers and acquisitions)
  • Metropolitan Ambulance Service v John Thwaites (for State of Victoria with Solicitor General) (re Royal Commission, FOI)
  • Magill v Magill (High Court of Australia) (paternity fraud) (deceit)
  • Prime Life Corporation v IOOF Community Villages Ltd(VSC) (aged care provider) (contract,TPA, purchase of business, warranty claims)
  • Azpa Pharma Pty Ltd v Meppem & Ors (VSC) (therapeutic goods) (confidential information, data and information technology, employment law)
  • Chiodo v Brincat (VSC) (building/construction, developer)(injunction, property development, contract, securities)
  • Dowsett & Ors v Stirling Horne (PKF Aust) (FCA) (bankruptcy, insolvency, banking, securities)
  • Watertek Pty Ltd v Irrigear Stores Ltd (CCV) (irrigation equipment) (contract, primary industry, TPA)
  • Miller v Lobosco (CCV)(film-making, contract)
  • Feesty v Freshwater Residential Pty Ltd (VSC) (building/construction, developer) (TPA, real estate agency, real property)
  • Thangs Family Co. v City of Wanneroo (WASC) (local government, primary industry)
  • Hamton (JV) (Malvern) v Ashington Capital (VSC) (building/construction, developer) (property development, real property, securities, contract)
  • Griffith Hack Lawyers v Fieldturf (IP) Inc (FCA) (tort, intellectual property)
  • Greenskies Pty Ltd (in liquidation) v National Rail Corporation Ltd(VSC) (rail transport) (contract, insolvency)
  • Natarajan v Siebel(VSC) (clothing retailer) (overseas investor/shareholder dispute, contract, company law, TPA)
  • Global Bins Australia Pty Ltd v Nastri(VSC) (plastics manufacturer) (corporations law, international shareholder, oppression)
  • Eftel Ltd v aaNet Communications Pty Ltd(VSC) (telecommunications) (insolvency)
  • Judo Federation of Australia-Selection Appeal (Olympic selection appeal) (sports law)
  • All Saints Estate v Vic Alps Wine Co(VSC) (wine production) (contract)
  • Babe-Ease v Dimmey’s Stores(FCA) (variety retailer) (intellectual property)
  • Mag-Tek (USA)(Letters Rogatory Examination conducted for US court) (intellectual property, IT)
  • Premier Building v Spotless Group(VSC) (building/construction, developer) (nuisance, insurance, insolvency, construction)
  • Goulburn Murray Water v Portikal(VSC) (property, water law)
  • Public Trustee of Queensland v Sgro Developments(VSC) (building/construction, developer) (injunction, property development)
  • Duke Eastern Gas Pipeline(VSC) (gas infrastructure) (contract, property)
  • Bendigo Mining NLv Greater Bendigo Gold Mining Ltd (VSC) (ASX listed gold mining company) (mining law, securities, property)
  • AWB Ltd v Agripack(FCA) (ASX listed company – primary production) (injunction)
  • Solsteel Pty Ltd v Valbruna(VSC) (stainless steel importer) (contract, international trade)
  • Ranbuild Pty Ltd v Broerson(shed manufacturer) (contract)
  • OTS Financial News Pty Ltd v ASIC(IT/internet) (securities, ASIC)
  • Elgas Ltd v Korsten Pty Ltd(contract, information technology)
  • The Opera Group Australia Ltd v United Energy(VSC) (IT consultancy) (contract)
  • Various proceedings for Commonwealth Bank, ANZ Bank, Suncorp Metway, Investec Bank, Bendigo Bank

  From 04/06/2009, Liability limited by a scheme approved under Professional Standards Legislation.

• Murdoch Neill
  

  Neill specialises in Professional Indemnity Litigation (especially Medical Negligence), Insurance and Commercial Litigation, Common Law Personal Injuries and Torts other than Personal Injuries and Coronial Inquests.

  Articled and employed as a Solicitor with Phillips Fox from 1988 to 1992. Employed as a Solicitor with Barlow Lyde & Gilbert in London from 1992 to 1995.

  Neill came to the Bar in 1995.

  Liability limited by a scheme approved under Professional Standards Legislation.

• Percy Ian
  

  Ian came to the Bar having been a commercial litigation solicitor at partner and consultant level for over 10 years. At the Bar, Ian practices in a wide range of commercial matters; frequently major litigation. Ian sits on various sporting tribunals, including AFL Victoria. He provides advice in sports law matters. Ian is experienced in long cases management and computer litigation support. Nationally Accredited Mediator. Member Commercial Bar Association;

  Liability limited by a scheme approved under Professional Standards Legislation.

• Rudd Jesse
  

  Practises in general commercial law, including contracts, corporations, equity and insolvency. Formerly associate to Elliott J of the Supreme Court of Victoria and solicitor at Mallesons.

  Selected matters:

  • Bankruptcy: Endresz & Ors v Commonwealth of Australia [2019] FCAFC 197
  • Class actions: AS v Minister for Immigration and Border Protection & Ors (No 7) [2017] VSC 137
  • Consumer law; civil penalty proceedings: ASIC v La Trobe Financial Asset Management Limited [2021] FCA 1417
  • Contracts; misleading or deceptive conduct: Manicured Muttz Pty Ltd v Roycar Investments Pty Ltd & Anor [2019] VCC 64
  • Corporations; derivative leave; shareholder oppression: Slea Pty Ltd v Connective Services Pty Ltd & Ors [2017] VSC 609; [2018] VSCA 229
  • Equity; fiduciary duties; breach of confidence: Direct Electronics OE Pty Ltd v OE Solutions Pty Ltd (No 8) [2022] FCA 1404
  • Insolvency:
    • Creditors’ trusts: Melbourne Aircraft Leasing (UK) Limited v Algeri & Ors (as Trustees of the Project Volar Creditors’ Trust) [2022] NSWSC 443
    • Deeds of company arrangement; transfer of shares: Re Allegiance Mining Pty Ltd (Receivers and Managers Appointed) (Subject to Deed of Company Arrangement) [2022] WASC 178
    • Deeds of company arrangement; contracts: Rexel Electrical Supplies Pty Ltd & Ors v Mentha & Ors (Administrators) (Re Arrium Limited) [2018] FCAFC 229
  • Legal professional privilege:
    • Slea Pty Ltd v Connective Services Pty Ltd & Ors [2017] VSC 361
    • Cargill Australia Limited & Ors v Viterra Malt Pty Ltd & Ors [2018] VSC 99 (Ruling No 7); [2018] VSC 193 (Ruling No 8)
  • Pre-action discovery: RDDT a Vivopharm Company Pty Ltd v CGU Insurance Limited [2018] VCC 791
  • Royal Commissions:
    • Financial Services
    • Aged Care Quality and Safety
  • Schemes of arrangement/trust schemes:
    • Re Cellnet Group Limited [2023] FCA 767
    • Re Over the Wire Holdings Limited [2022] FCA 26; [2022] FCA 181
    • Re Uniti Group Limited [2022] FCA 671
    • Re Virtus Health Limited [2022] NSWSC 597
    • Re WOTSO Limited; Re Blackwall Fund Services Limited (as Responsible Entity of Blackwall Property Trust) [2021] NSWSC 21; [2021] NSWSC 100
  • Trusts; managed investment schemes; interlocutory injunctions: NorthWest Healthcare Australia RE Limited v Australian Unity Funds Management Limited (as Responsible Entity of the Australian Unity Healthcare Property Trust) [2021] NSWSC 816

  Committees:

  • Commercial Bar Association of Victoria, Executive Committee
  • Victorian Bar News, Editor

  
  

  From 1st May 2014, liability limited by a scheme approved under Professional Standards legislation.

• Rozner Maya
  

  Maya has over 20 years' experience at the commercial bar appearing in applications, directions and trials in jurisdictions from VCAT to the Supreme Court of Appeal.

  She enjoys a broad based commercial practice including contract disputes, equities, trusts, partnerships, mortgages and other securities as well as property disputes, building and construction, franchise disputes, company and insolvency disputes. Maya has also appeared in Fair Work Act general protection and unfair dismissal matters as well as discrimination and equal opportunity matters in the Federal Court and VCAT.

  Maya completed her Australian Mediation Training in 2004. She is an accomplished and strategic negotiator and will provide early assistance to instructors and clients on limiting the costs and risks of lengthy and expensive trials where appropriate. She has successfully employed the Civil Procedure Act 2010 to enforce procedural compliance by opposing parties in disputed matters including on matters of costs.

  Maya completed her articles with Darvall McCutcheon in 1989 and worked as a commercial litigation solicitor at that firm and later at Lander & Rogers. In 1993 she was appointed an Associate at Jack Cohen, Serry & Co. On coming to the bar, Maya was extremely fortunate to read with the Honourable Justice Almond as one of only 5 readers before he took silk and his only female reader.

  Maya is a regular contributor to the Bar Readers Course in advocacy training and has travelled a number of times with the Victorian Bar Pacific Rim Committee to Papua New Guinea and the Solomon Islands to carry out advocacy training of local students and lawyers.

• Scotter Tim
  

  Tim is an experienced commercial barrister and appears in a wide range of commercial disputes and professional disciplinary matters. He has extensive experience in working on cases as part of a team made up of solicitors and other counsel. He is an experienced trial advocate.
  

  In recent years, Tim has obtained significant experience in different areas including corporations, professional disciplinary and professional negligence matters. For example, he has:

  • Conducted a number of Supreme and Federal Court trials alleging breaches of the Corporations Act, fiduciary duties and diversion of property by directors
  • Conducted trials involving complex property disputes
  • Appeared in respect to freezing order applications
  • Appeared for Hancock Victoria Plantations in respect to the settlement of the Rowe v SPI (Murrindindi) class action
  • Appeared for a shipbroker in an Admiralty trial arising out of a charterparty
  • Acted for a representative party in the ExxonMobil superannuation fund dispute
  • Appeared in defence of a contempt application
  • Acted in professional negligence disputes
  • Regularly prosecuted as counsel for the Victorian Legal Services Commissioner
  • Conducted investigations for an interstate Legal Regulator
  • Conducted examinations in the Supreme Court of solicitors on behalf of receivers of legal practices

  Tim has appeared in a wide variety of jurisdictions, including the State Court of Appeal and Supreme Court Trial division, in relation to insurance disputes, equity proceedings, contempt proceedings and insolvency matters.

  Tim's CV, including a selection of cases in which he has been involved, may be viewed via the CV link above.

  From 1 July 2008 liability limited by a scheme approved under Professional Standards Legislation

• Richards John B.
  

  Common Law and Insurance Litigation, TAC proceedings, Medical Negligence, Sexual Assault, Class Actions, Trade Practices, Administrative Law.

• Robins Mark
  

  Formerly a Solicitor at Ebsworth & Ebsworth (1987-1990).

  Since coming to the Bar in 1990 Mark has practised exclusively in the diverse commercial area with principal emphasis on Professional Negligence, Banking/Finance, Corporations Law, Building and Construction, Equity, Securities, Trade Practices and non-personal injuries Insurance litigation.

  Mark’s personal interests include theatre, Dandie Dinmont Terriers and military history.

  From 3rd May 2012, liability limited by a scheme approved under Professional Standards legislation.

• Sedal Tristan
  

  Tristan has significant experience in large commercial and construction disputes. He also acts regularly in professional negligence matters, including on behalf of barristers, solicitors, builders, building owners, owners corporations, building surveyors, architects, engineers and real estate agents.

  Before joining the Bar in 2008, Tristan was a commercial litigator at Minter Ellison and Mallesons Stephen Jaques.

  Published decisions in which Tristan has appeared include:

  - Zhang v Oakmont Properties Pty Ltd [2020] VSC 810

  - Oakmont Properties Pty Ltd v Duan Lan Zhang & Anor [2019] VSC 568

  - Oakmont Properties Pty Ltd v Zhang (Building and Property) [2019] VCAT 92

  - O'Keeffe v Toop & Ors [2018] VSC 421

  - Ozaltay & Anor v Atilla & Anor (No 2) [2018] VSC 764

  - Johns Lyng Commercial Builders Pty Ltd v Carrington International Pty Ltd (Building and Property) [2016] VCAT 1821

  - Rees v Rees [2016] VSC 452

  - Melina Sehr v Best Hooper Ltd [2015] VMC 32

  - Metricon Homes Pty Ltd v Hooper [2014] VSC 12

  - Hooper v Metricon Homes Pty Ltd [2014] VCAT 277

  - Clarendon Homes Vic Pty Ltd v Zalega [2010] VCAT 1202

  - Sivritas v Sivritas & Anor [2008] VSC 374

  - DPP v Williams [2004] VSC 360

• Stuckey Scott
  

  Scott has an active commercial practice regularly appearing in trials and appeals in the Supreme and Federal Courts as well as in the County Court and VCAT and private arbitrations. His areas of practice involve commercial law, contractual and partnership disputes, equity and trusts, the domestic building insurance regime, VWA premium calculations and commercial negligence actionsin the agricultural sector and generally.

  Scott graduated from the University of Melbourne with a degree of LLB (Hons) and BA (Hons). Having completed articles at Freehill Hollingdale & Page he acted as associate to McGarvie J prior to his appointment as Governor of Victoria and to Harper J until 1993.

  Selected cases in which Scott has appeared are:

  Hamex Corporation Pty Ltd v Latrobe Street Ventures Pty Ltd (No 2) [2020] FCA 199 (25 February 2020)

  Clementi v Rossi [2019] VSC 725 (7 November 2019)

  Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662 (10 October 2019)

  Mirvac Victoria Pty Ltd v Liszka & Anor; Mirvac Victoria Pty Ltd v Pahor [2019] VSC 561 (23 August 2019)

  Demetrios v Lehmann [2019] VSC 301 (10 May 2019)

  Gabelich v Donaghey [2018] VSC 184 (10 May 2018)

  Bauer Consumer Media Ltd v Evergreen Television Pty Ltd [2019] FCAFC 71 (3 May 2019)

  Adventure Golf Systems Australia Pty Ltd v Belgravia Health & Leisure Group Pty Ltd [2017] VCC 185 (22 March 2017)

  Blanalko Pty Ltd v Lysaght Building Solutions Pty Ltd [2017] VSC 97 (10 March 2017)

  Jovanovic v Magri [2017] VSCA 373 (14 December 2017)

  Adventure Golf Systems Australia Pty Ltd v Belgravia Health & Leisure Group Pty Ltd [2017] VSCA 326 (8 November 2017)

  Bauer Consumer Media Limited v Evergreen Television Pty Ltd [2017] FCA 507 (12 May 2017)

  Luhan v Micallef [2017] VSC 246 (10 May 2017)

  Victorian WorkCover Authority v Divadeus Pty Ltd (in liquidation) [2016] VSCA 81 (28 April 2016)

  Alpine Petroleum Pty Ltd v Jonmac Transport Pty Ltd & Anor [2016] VCC 136 (25 February 2016)

  Feiglin v Ainsworth [2015] VSCA 326 (7 December 2015)

  Gann v Hosny [2015] VSCA 43 (16 March 2015)

  Mayer v Mayer [2015] VSC 2 (20 January 2015)

  Divadeus Pty Ltd v Victorian WorkCover Authority [2014] VSC 578 (5 December 2014)

  Bakers Investment Group (Australia) Pty Ltd v Caason Investments Pty Ltd (No 2) [2014] VSC 598 (4 December 2014)

  Feiglin v Ainsworth & Ors [2014] VSC 233 (22 May 2014)

  ACCU Ltd v Fellows [2014] VCC 581 (9 May 2014)

  Bakers Investment Group (Australia) Pty Ltd v Caason Investments Pty Ltd & Ors [2014] VSC 154 (4 April 2014)

  Feiglin v Ainsworth (No 2) [2014] VSC 376 (20 August 2014) Luong & Anor v Du (No 2) [2014] VSC 37 (14 February 2014)

  Luong & Anor v Du [2013] VSC 723 (19 December 2013)

  Kalenik v Apostolidis & Ors (No 2) [2013] VSC 395 (8 August 2013)

  Feiglin v Ainsworth (No 3) [2013] VSC 560 (21 October 2013)

  Samil Power Company Limited v Schneider & Ors [2013] VSC 382 (1 August 2013)

  Java Gold Australia & Ors v Java Gold Coffee & Ors [2013] VCC 645 (26 July 2013)

  Feiglin v Ainsworth (No. 2) [2013] VSC 83 (5 March 2013)

  Anderson v QBE Insurance (Australia) Ltd [2013] VCC 77 (22 February 2013)

  V & D Zurcas Holdings Pty Ltd v K & S Coolstores Pty Ltd & Anor [2013] VCC 75 (20 February 2013)

  The Solicitors' Trust v Oxenbould [2013] TASFC 2 (1 February 2013)

  Emu (Aus) Pty Ltd v Victorian WorkCover Authority [2012] VSC 610 (12 December 2012)

  Clifton Developments (Vic) Pty Ltd v Owners Corporation 1 Plan No. PS510766U [2012] VCC 695 (6 June 2012)

  King v Lynpete Australia Pty Ltd & Ors [2012] VSC 140 (18 April 2012)

  Dura (Australia) Constructions Pty Ltd v Victorian Managed Insurance Authority [2012] VSC 114 (30 March 2012)

  Dura (Australia) Constructions Pty Ltd v Victorian Managed Insurance Authority [2012] VSC 34 (9 February 2012)

  Oxenbould v The Solicitors' Trust (No 2) [2011] TASSC 63 (2 December 2011)

  Oxenbould v The Solicitors' Trust [2011] TASSC 57 (3 November 2011)

  United Petroleum Pty Ltd & Anor v Victorian WorkCover Authority; Emu (Aust) Pty Ltd v Victorian WorkCover Authority [2011] VSC 570 (10 November 2011)

  Feiglin & Anor v Ainsworth & Ors [2011] VSC 454 (19 September 2011)

  Winter v Equuscorp Pty Ltd [2010] VSC 419 (17 September 2010)

  Cibalevski v Ristevski (No. 2) [2010] VCC 503 (19 May 2010)

  Dura (Australia) Constructions Pty Ltd v The Victorian Managed Insurance Authority & Anor [2009] VSCA 171 (29 July 2009)

  Pearsons Barristers and Solicitors v Avison [2009] VSCA 54 (27 March 2009)

  Cibalevski, Robert v Ristevski, Saso [2009] VCC 1270 (16 October 2009)

  Aylett v Peter Rowland Catering Pty Ltd & Ors [2008] VSC 467 (11 November 2008)

  Dura (Australia) Constructions Pty Ltd v The Victorian Managed Insurance Authority & Anor [2008] VSC 483 (23 October 2008)

  Foster v Galea & Anor [2008] VSC 317 (22 August 2008)

  Allianz Australia Insurance Ltd v Douralis & Ors [2008] VSCA 72 (8 May 2008)

  Zephyr Property Developments Pty Ltd v Contractors Bonding Limited [2008] VSC 122 (24 April 2008)

  Ryan & Anor v Victorian Managed Insurance Authority [2007] VSC 474 (23 November 2007)

  Douralis and Allianz Australia Insurance Ltd v Ninety Second Sonmar P/L and Simpson [2006] VCC 1819 (27 April 2006)

  Macdonald v Australian Wool Innovation Ltd [2005] FCA 105 (18 February 2005)

  Housing Guarantee Fund Ltd v Ryan [2005] VSC 214 (23 June 2005)

  Kalenik v Apostolidis [2005] VSC 27 (18 February 2005)

  In the matter of Greek Orthodox Community of Melbourneand Victoria [2003] FCA 1269 (7 November 2003)

  Tamas v Victorian Civil and Administrative Tribunal & Ors [2003] VSCA 113 (21 August 2003)

  Caltex Australia Petroleum Pty Ltd v Calypso Haulage Pty Ltd and Ors [2003] VSC 359 (19 September 2003)

  Spitfire Nominees Pty Ltd and Anor v Hall & Thompson (a firm) [2001] VSCA 245 (20 December 2001)

  Victorian WorkCover Authority v I R Cootes Pty Ltd [2001] VSCA 85 (6 June 2001) Aliferis v Kyriacou [2000] VSCA 123 (20 July 2000)

  Croft v McNamara [1999] VSC 495 (7 December 1999)

  Northgate Valley Pty Ltd v Westpac Banking Corporation [1999] VSC 373 (15 September 1999)

  Gibson v ANZ Banking Group Ltd [1999] FCA 1327 (14 September 1999)

  Alan Chalmers v Deakin University [1997] FCA 766 (11 August 1997)

  Allen John Wilson and Joy Wilson v Hollywood Toys (Australia) Pty Ltd and John Francis Taafe [1996] FCA 1622 (18 July 1996)

  Allen John Wilson and Another v Hollywood Toys (Australia) Pty Limited and Others [1996] FCA 1296 (7 March 1996)

  Price Higgins and Fidge v Alexander J Drysdale [1995] VSC 208; [1995] VICSC 208 (27 October 1995)

  Liability limited by a scheme approved under Professional Standards Legislation.

• Sion Renee
  

  Renee is an experienced trial and appellate advocate with a broad practice incorporating general commercial and contractual disputes, consumer law, media and defamation, and merits review. Renee also has experience at inquiries.

  Renee regularly appears for both plaintiffs and defendants in defamation actions and claims for injurious falsehood. She advises on pre-litigation strategy including choice of jurisdiction, having regard to factors such as the nature and extent of publication and whether a jury or non-jury trial is appropriate. She is experienced in managing defamatory disputes arising from publications in national print publications as well as online and social media including Twitter and Facebook.

  Renee represents clients in a breadth of consumer protection matters under the Australian Consumer Law including claims for misleading or deceptive conduct, false or misleading representations, unconscionable conduct, and unfair contract terms.

  Before the Administrative Appeals Tribunal, Renee has unparalleled experience acting on behalf of Registered Training Organisations and Higher Education Providers. She regularly advises and appears at stay hearings, dismissal applications and final hearings.

  A sample of cases in which Renee has appeared in a variety of jurisdictions, both led and unled, is set out below.

  Defamation

  • Tsamis v Victoria (No 8) (Costs) [2020] VSC 67 (25 February 2020) with Paul Hayes QC and Justin Hooper.
  • Tsamis v Victoria (No 7) (Damages) [2019] VSC 826 (18 December 2019) with Paul Hayes QC and Justin Hooper.
  • Tsamis v Victoria (No 6) (Evidence) [2019] VSC 591 (16 August 2019) with Paul Hayes QC and Justin Hooper.
  • Tsamis v Victoria (No 5) (Application to amend) [2019] VSC 590 (16 August 2019) with Paul Hayes QC and Justin Hooper.
  • Tsamis v Victoria (No 3) (Pseudonym application) [2019] VSC 507 (5 August 2019) with Paul Hayes QC and Justin Hooper.
  • Chang v Chang (Supreme Court - contempt proceeding) (2019).
  • Chang v Chang (Supreme Court injunction) (with Suresh Senathirajah) (2018).
  • Chapman v Chapman (County Court – settled) (2018).
  • Morton v McMaster & Anor (Supreme Court – settled) (2018).
  • Dr Lisa Matriste & Dentique Pty Ltd t/as 2nrich Holistic Dental Clinic v Hunter & Harwood (County Court – settled) (2015).
  • Wealth Within & Blake Sterling v Aussie Networks Pty Ltd & Joseph Eiby (Supreme Court) (2014).
  • Cunliffe v Woods [2012] VSC 254 (18 June 2012).
  • Szanto v Melville [2011] VSC 574 (15 November 2011) (with Georgina Schoff QC).
  • Han v Australian Kung Fu (Wu Shu) Federation Inc [2011] VSC 498 (6 October 2011).
  • Szanto v Melville (Ruling) [2011] VSC 618 (24 November 2011) (with Georgina Schoff QC).
  • Dr Ann Kearney & CDC Clinics Pty Ltd v Seven Network Limited & Erenshaw (Supreme Court) (settled) (2011) .

  Merits Review (Administrative Appeals Tribunal)

  • Kontea Pty Ltd v Tertiary Education Skills Quality Authority (AAT) (2020) (junior to Fiona McLeod SC) (under review).
  • Australian College of Education and Training v Australian Skills Quality Authority (AAT) (2020) (under review) .
  • Kontea Pty Ltd v Australian Skills Quality Authority (AAT) (2019) (settled).
  • Cogninet Resource Corner Pty Ltd v Australian Skills Quality Authority [2019] AATA 5165 (29 November 2019) .
  • Australian Institute of Technical Training v Australian Skills Quality Authority (AAT) (2019).
  • Methodist Ladies College v Secretary Chief Executive Centrelink 2018/M/130721 (Review of ABSTUDY payments to Methodist Ladies College) (2019).
  • Quality Training and Development Pty Ltd v Australian Skills Quality Authority (Interlocutory hearing dismissal) (2019).
  • Berkeley College Pty Ltd v Australian Skills Quality Authority (Stay hearing) (2019).
  • Bandicoot Group v Australian Skills Quality Authority (Stay hearing) (2019).
  • Banwell and Comcare (Compensation) [2016] AATA 30 (28 January 2016).

  Commercial, Contractual and Consumer Law

  • CGC Pty Ltd v Ulbrich Products Pty Ltd (County Court - sale of business dispute).
  • Fraser v Broadbeach Nominees Pty Ltd (County Court sale of business dispute) (2018).
  • Siobhan Hennessy v Andrew Martin (VCAT building dispute) (2018).
  • Inspirative Training v NTS (County Court contractual dispute) (2018).
  • Jump Loops Pty Ltd & anor ats CKO Swim School Pty Ltd (Federal Court - application for default judgment) (2019)
  • PSC Connect Pty Ltd v Aus Insurance Services Pty Ltd (County Court) (Summary judgment application) (2017)
  • NCON Australia Ltd v Spotlight Pty Ltd (No 6) [2013] VSC 186 (19 April 2013).
  • Spotlight Pty Ltd v NCON Australia Ltd [2012] VSCA 232 (27 September 2012).
  • NCON Australia Ltd v Spotlight Pty Ltd [No 5] [2012] VSC 604 (12 December 2012).
  • Nicholson v Hilldove Pty Ltd & Ors [2012] VSC 598 (with Sam Horgan QC).
  • Cassar v Pegoraro [2011] VCC 819 (30 June 2011).
  • NCON Australia Limited v Spotlight Pty Ltd (No 4) [2011] VSC 271 (23 June 2011).
  • NCON Australia Ltd v Spotlight Pty Ltd (No 2) [2011] VSC 100 (23 February 2011).
  • NCON Australia Ltd v Spotlight Pty Ltd [2011] VSC 98 (16 February 2011).
  • NCON Australia Limited v Spotlight Pty Ltd [2011] VSC 47 (22 February 2011).
  • Spotlight Pty Ltd v NCON Australia [2011] VSCA 267 (2 September 2011).
  • Groeneveld Australia Pty Ltd & Ors v Nolten & Ors [2010] VSC 249 (9 June 2010).
  • Skidteck Construction Services Pty Ltd v Calistrata Pty Ltd & Anor [2010] VCC 492 (27 May 2010).
  • Goulburn-Murray Rural Water Authority v Rawalpindi Nominees Pty Ltd & Reid [2010] VSC 166 (30 April 2010).
  • Durand v Bell Potter Capital Ltd. & Anor [2008] VCC 719 (26 June 2008).

  Disciplinary Proceedings

  • Disciplinary proceeding on behalf of an accountant before the Institute of Public Accountants (2019).
  • Dental Board of Australia v Lozanova (Occupational and Business Regulation) [2012] VCAT 1943.
  • Chinese Medicine Registration Board of Victoria v Jiang (Occupational and Business Regulation) [2010] VCAT 1227 (29 July 2010).

  Inquiries

  • Hazelwood Mine Fire Inquiry 2015 – Investigation into increased incidence of deaths (with Richard Attiwill QC) (report available) at http://hazelwoodinquiry.vic.gov.au/201516-report/volume-ii-investigations-into-2009-2014-deaths).
  • Racing Victoria Inquiry into the Review of Jumps Racing in Victoria (with His Honour David Jones).

  Renee is a member of the Commercial Bar Association and the Women’s Bar Association.She read with Georgina Schoff QC and her senior mentor is William Houghton QC. Renee has had two readers – Geoff Lake (2018) and Sanjay Schrapel (2020).
  

  Before coming to the Bar, Renee practised in the Dispute Resolution group at Phillips Fox (now DLA) and Cornwall Stodart.

  From 01 Jul 2016, liability limited by a scheme approved under Professional Standards legislation.

• Stephenson Bill
  

  Bill practises primarily in commercial disputes, with a particular focus on building and construction, insolvency, and consumer law litigation, as well as arbitration.

  Before joining the bar, Bill worked at the Supreme Court of Victoria as an associate to Justice Sloss of the Commercial Court where he assisted in the hearing and conduct of complex commercial disputes and urgent applications. In his role as an associate, Bill was involved in a wide variety of commercial matters involving insolvency, bankruptcy, banking, consumer protection and property law.

  Bill also practised for two years as a solicitor at MolinoCahill Lawyers, a specialist law firm providing legal advice to clients involved in the construction, infrastructure, technology, defence, and energy and resource sectors. During his time at MolinoCahill, Bill was involved in large scale Supreme Court and Federal Court litigation, as well as mediation and arbitration, related to the construction of road, rail and pipeline infrastructure.

  Bill holds a Juris Doctor from the University of Melbourne, where he graduated in the top 10% of his class. He is reading with Robert Craig and his senior mentor is Nicholas Hopkins QC.

  From 03 May 2018, liability limited by a scheme approved under Professional Standards legislation.

• Siemensma Deborah
  

  Before signing the Bar Roll, Deborah was a solicitor at Corrs Chambers Westgarth practising in employment and industrial law. Prior to that Deborah was the Associate to Justice A.M. North in the Federal Court of Australia.

  Since coming to the Bar Deborah has practised in administrative law, public law, employment/industrial and general commercial law.

  Deborah has an Honours and a Masters degree in law.

• Tiernan Patrick
  

  Patrick maintains a broad civil litigation practice (with both trial and interlocutory experience – led and unled), focussing on:

  • Commercial Litigation;
  • Common Law Litigation (with particular experience in defending Institutional Liability List claims);
  • Sports Law, for example:
    • Anti-doping disputes;
    • Selection disputes;
    • Tribunal proceedings (including AFL Appeals Board);
    • Member protection disputes;
    • Disrepute disputes;
    • Racing disputes;
    • Contract disputes;
    • Sitting on tribunals; and
    • Various sports including: AFL; cricket; horse racing; golf; gymnastics; basketball; aikido; motorsport; badminton; kendo; ice hockey; tennis;
  • Employment/Industrial Law.

  Patrick has completed a Masters of Commercial Law at the University of Melbourne, with a focus on consumer law, insurance law, institutional liability law and sports law.

  Patrick also holds a Bachelor of Laws (Hons) and a Bachelor of Commerce from Deakin University.

  Prior to coming to the Bar, Patrick was an Associate Lawyer at T J Mulvany & Co, with predominant areas being Commercial Litigation and Common Law Litigation (namely Institutional Liability matters).

  Patrick read with Jack Tracey KC.

  Recent cases include:

  Commercial Law

  GJB Building Pty Ltd v AI&PB Property Pty Ltd [2023] VSC 782 (led by A T Strahan KC);
  GJB Building Pty Ltd v AI&PB Property Pty Ltd [2024] VSC 790 (led by A T Strahan KC)

  Coonwarra Pty Ltd v CornoNero Pty Ltd [2023] VSC 781 (led by A T Strahan KC);
  Coonwarra Pty Ltd v CornoNero Pty Ltd [2024] VSC 789 (led by A T Strahan KC)

  GJB Building Pty Ltd v AI and PB Property Pty Ltd (Ruling No 3) [2022] VSC 62 (led by A T Strahan KC in proceeding – appearance unled)
  
  (acting as Junior Counsel for Defendant in 49 day Supreme Court trial, defending various allegations including misleading and deceptive conduct, breach of director’s duties, breach of fiduciary duty, Barnes v Addy claims, contract claims, remedies, costs)

  Plunkett v Portier Pacific Pty Ltd (Civil Claims) [2024] VCAT 205 (unled in matter generally, led by A T Strahan KC in s 77 application) (acting for various Uber entities Respondent in defending allegations of misleading and deceptive conduct and unconscionable conduct regarding UberEats app; and s 77 application to transfer proceedings from VCAT to Supreme Court of Victoria)

  Storage Depot Pty Ltd v Brooklyn Logistics Park Pty Ltd (Building and Property) [2022] VCAT 210 (unled) (valuation determination - s37 RLA)
  
  Sports Law

  Charlie Cameron v AFL (AFL Appeals Board; led by L Hannon KC; acting as Junior Counsel for the AFL)

  Thornell v Cerberus Golf Club Inc (Human Rights) [2024] VCAT 20 (unled) (acting pro bono for female golfer alleging sex discrimination for not being allowed to play in the ‘men’s only’ golf competitions)
  
  Michael Randall v Australian Football League and Sport Integrity Australia CEO [2023] NST NST-E22-334478 (unled) (acting for the AFL in regard to anti-doping suspension appeal)

  Heath Thorpe v Gymnastics Australia [2023] NST NST-E23-173421 (unled) (acting for Applicant in selection dispute – drawing submissions and advice)

  
  

  
  

  From 22 May 2020, liability limited by a scheme approved under Professional Standards legislation.

• Walter Nicholas
  

  Nicholas practises in commercial and tax law.

  He has advised and appeared in matters involving: financial services (both for ASIC and for regulated entities); directors’ duties; oppression; equity and trusts; insolvency; professional negligence; property law; and direct and indirect tax (both for the Commissioner and taxpayers).

  Before coming the Bar, he served as a Senior Adviser in the Corporate and International Tax Division at the Commonwealth Treasury.

  Earlier, he practised as a solicitor in the Dispute Resolution team at Mallesons Stephen Jaques (as it then was). Matters included: M&A disputes; property disputes; and a major construction arbitration.

  He graduated from the University of Melbourne with a Bachelor of Laws (First Class Honours), winning several prizes. He also holds a Bachelor of Science (majoring in mathematics) and a Master of Business Administration, both from the University of Melbourne. He has completed ARITA’s Insolvency Education Program.

  Nicholas read with Albert Dinelli and his senior mentor is Neil Young QC.

  Matters in which he has acted since coming to the bar include:

  Commercial law

  • ASIC v Latitude Finance Australia [2024] FCA 1433: misleading and deceptive conduct (led by Philip Crutchfield KC)
  • Pacific Current Group Ltd v Fitzpatrick & Ors [2024] FCA 1480: directors’ duties (led by Chris Caleo KC)
  • ASIC v Mercer Superannuation (Australia) Ltd [2024] FCA 850: misleading and deceptive conduct (led by Philip Crutchfield KC and Andrew Hanak KC)
  • BBHF Pty Ltd v Sleeping Duck Pty Ltd [2024] VSC 320: oppression (led by Jim Peters AM KC)
  • Aussie Broadband Ltd v Superloop Ltd [2024] FCA 312: directors' duties (led by Phil Solomon KC)
  • ASIC v Mercer Financial Advice (Australia) Pty Ltd [2023] FCA 1453: remuneration of financial advisers (led by Philip Crutchfield KC and Andrew Hanak KC)
  • Re Cleeve Group Pty Ltd [2022] VSC 342: judicial advice to trustee (led by Jim Peters AM KC)
  • DXN Ltd v Martincroft Pty Ltd (Supreme Court of Victoria): breach of contract (led by M Costello)
  • Braham v ACN 101 482 580 Pty Ltd [2020] VSCA 108; [2020] HCASL 199: misleading and deceptive conduct (led by Andrew Hanak KC)
  • Yammine v Lantrak Holdings Pty Ltd (NSD 712/2020) (Federal Court of Australia) misleading and deceptive conduct, breach of contract (led by John Karkar KC)
  • Financial Services Royal Commission: acting for major superannuation fund (led by Stewart Anderson KC and Andrew Hanak KC)
    
  • Traffic Technique Pty Ltd v Burgmann [2020] VSCA 319: procedural dispute; breach of confidence; breach of fiduciary duties; accessorial liability (led by A Dinelli)
  • Confidential neutral evaluation (2020) (led by the Hon Susan Crennan AC KC)
  • Expert evaluation (2019) (led by the Hon Susan Crennan AC KC)
  • Finance & Guarantee Company Pty Ltd v Auswild (2019) 59 VR 288; [2019] VSC 664: fiduciary duties and accessorial liability (led by Stewart Anderson KC and A Bailey)
  • Blue Constructions Pty Ltd v Karavias [2019] VCC 277: application for security for costs
  • Koutrigaros v Green Village Poultry Pty Ltd (Supreme Court of Victoria): oppression
  • Vicinity Funds RE Ltd v Li (Supreme Court of Victoria): construction of a lease; existence of equitable charge
  • Nick Baldi Constructions Pty Ltd v Wormington (Supreme Court of Victoria): professional negligence as to accounting and taxation advice (led by Sam Horgan KC)
    
  • Pacreef Investments Pty Ltd v Pacific Biotechnologies Ltd (Supreme Court of Victoria): enforcement of debt
  • 8Foods Pty Ltd v Roll'd Australia Pty Ltd (County Court of Victoria): misleading and deceptive conduct; estoppel; quantum meruit
    

  
  Tax law

  • Applications for freezing orders
  • Applications for summary judgment
  • VER Custodian Pty Ltd v Commissioner of State Revenue [2022] VSC 33: stamp duty and corporate reconstruction exemption (led by Philip Crutchfield KC)
  • Deputy Commissioner of Taxation v CPG Group Pty Ltd (Federal Court of Australia): winding up application in context of pending appeal as to tax debt
  • Confidential matters involving:
    • capital/revenue distinction;
    • R&D tax incentive;
    • taxation of trusts, including public trading trusts;
    • general anti-avoidance rule;
    • film tax offset;
    • land tax; and
    • stamp duty (including sub-sale provisions; transfers to a bare trust; and potential trust resettlements).

  Nicholas also has an advice practice, in which he provides written and oral advice on commercial, tax and private international law issues, alone or led. He has been led by various silks, including Allan Myers AC KC; Jim Peters AM KC; Jeff Gleeson KC; Philip Crutchfield KC; and Eugene Wheelahan KC.
  
  

  From 03 May 2018, liability limited by a scheme approved under Professional Standards legislation.

• Warne Stephen
  

  Stephen obtained his LLB from Melbourne University with honours, and in 2010 was awarded a Master of Laws from there with an H1 average across the following subjects: The Insurance Contract, Professional Indemnity Insurance, Insurance Litigation, Advanced Litigation, Proof in Litigation, Trial Advocacy, Advanced Evidence and Shareholders' Rights and Remedies.

  Before coming to the Bar, Stephen spent more than a decade in Middletons' commercial litigation department acting for clients like Qantas, AAMI and Esso, and professional indemnity insurers such as the LPLC. He has conducted commercial and insurance litigation in every Victorian Court, the Federal and High Courts, and in VCAT and the Legal Profession Tribunal, and has published and presented widely on insurance law, professional liability, practical evidence, proportionate liability, and professional ethics.

  Stephen has an expertise in relation to general insurance law on which he has published widely. He was until 2010 the editor of the Commercial Bar Association's Insurance and Professional Negligence newsletter. He also has a general commercial litigation practice.

  Since coming to the Bar, Stephen has also continued to specialise in professional-client disputes, with a particular emphasis on the law relating to lawyers, including fee disputes and the professional negligence of solicitors, barristers, environmental consultants, accountants, insurance brokers, mortgage brokers, and estate agents, typically in VCAT's Civil List and Legal Practice Lists, the County Court's and Supreme Court's Commercial Lists, and the Costs Court. Stephen also specialises in professional discipline. He regularly represents lawyers in investigations by the Legal Services Commissioner and Law Institute. He appears in professional discipline prosecutions, particularly in VCAT's Legal Practice List, as a result of which he has a keen interest in lawyers' ethics. In relation to these specialisations, Stephen publishes the Australian Professional Liability Blog.

  From 01 Jul 2008, liability limited by a scheme approved under Professional Standards legislation.

• Watts Lachlan M. F.
  

  Lachlan is a Fellow of the Tax Institute of Australia and a member of LAWASIA.

  'Liability limited by a scheme approved under Professional Standards Legislation.'

• Sarah Weinberg
  

  Sarah practises in commercial law and has extensive experience in complex disputes, arbitration, and litigation.

  Before joining the Bar, Sarah was a senior litigator (Special Counsel) at King & Wood Mallesons.

  She read with Jeremy Masters and her senior mentor is Christopher Archibald KC.

  Liability limited by a scheme approved under Professional Standards Legislation.