Andrew Broadfoot took silk in 2016 and appears in, and advises on, trials and appeals in tax, commercial, tort and administrative law. Principally his
clients are involved in the mining, petroleum and financial sectors. Accepts direct briefs from corporate clients.
He has also represented Commonwealth and State government authorities in a variety of matters ranging from taxation appeals, matters concerning statutory
interpretation, "serious injuries" as defined in applicable legislation, judicial review, and securities regulation, to the "Abalone class action"
which concerned liability in negligence for pure economic loss arising from a herpes like virus that killed a large proportion of Victoria's wild abalone
stocks. This was one of the largest class actions to run to judgment in Australia and successfully be defended. Also has experience in energy regulation
including electricity distribution.
He is experienced in dealing with expert evidence and has cross-examined experts practising in numerous disciplines including valuation, science, engineering, economics, medicine, health and safety and accounting.
In the revenue field he is experienced in dealing with transfer pricing related matters, capital/income issues, trust and property law issues, anti-avoidance legislation, research and development claims and application of the petroleum resource rent tax legislation.
Further details and a list of recent cases can be found via the professional profile link above. Connect with Andrew via LinkedIn http://www.linkedin.com/in/andrew-broadfoot-qc-41b47a2a
From 1 July 2008, Liability limited by a scheme approved under Professional Standards legislation
Rebecca was associate to the Hon Chief Justice Warren of the Supreme Court of Victoria for two years, during which time her Honour sat in the Court of Appeal, the Criminal, Commercial and Equity, and Common Law Divisions as well as the Practice Court.
Rebecca comes to the Bar from Allens Arthur Robinson where she worked in the Litigation group, primarily on product liability, trade practices and insurance matters.
In 2006, Rebecca completed the Melbourne Juris Doctor and has since lectured in Business Law and Company Law.
Prior to undertaking the Juris Doctor, Rebecca worked as a project manager in the corporate sector, developing strategy and policy documents, and implementing large scale business projects.
From 03/12/2009, Liability limited by a scheme approved under Professional Standards Legislation.
Senior Associate at Phillips Fox (Commercial Litigation). Associate to Chief Justice Mason, High Court of Australia.
From 10th April 2014, liability limited by a scheme approved under Professional Standards legislation.
Spike practices in a broad range of litigation matters across all jurisdictions, but predominantly in commercial litigation.
He completed his traineeship (articles) in 2010 at a small firm named Christopher Bunnett Lawyers following which practised there as a solicitor before joining the bar. As a solicitor Spike practised mainly in commercial disputes, but from time to time ran matters in other areas including administrative law, professional disciplinary matters, common law, crime and inquests.
Since coming to the bar, Spike's practice has been in commercial litigation, common law, professional negligence and costs law.
Spike read with Chris Horan QC.
Kelly practises in all areas of commercial and public law.
Before coming to the Bar, Kelly was a Senior Associate in the litigation team at King & Wood Mallesons. She has particular expertise in regulatory disputes and class actions, having acted in a number of significant competition and financial services matters.
Kelly was previously an associate to Justice Katzmann of the Federal Court of Australia.
Kelly holds a Bachelor of Arts with first class honours and a Juris Doctor from the University of Melbourne.
Kelly read with Kateena O’Gorman SC. Her senior mentor is Wendy Harris KC.
Liability limited by a scheme approved under Professional Standards legislation.
Seb practises in commercial litigation, including contracts, class actions, corporations, equity, insurance, and insolvency. He has experience appearing, both led and unled, in the Federal Court of Australia and Supreme Court of Victoria, as well as other courts and tribunals.
In addition to his commercial practice, Seb regularly appears to prosecute matters on behalf of the Commonwealth, and also practises in sports law.
His experience before coming to the Bar includes:
- Associate at Allens in the commercial litigation and banking & finance groups;
- Federal Prosecutor with the Commonwealth Director of Public Prosecutions; and
- Integrity Partner at Cricket Australia working within the Cricket Australia Integrity Unit.
Seb commenced his legal career as Associate to his Honour Judge William Everson of the District Court of Queensland. He graduated from the University of Queensland with degrees in Law (with Honours) and Science. He read with Banjo McLachlan. Philip Crutchfield KC is his senior mentor.
Liability limited by a scheme approved under Professional Standards legislation.
Peter has an extensive commercial law practice. He has appeared in a number of long and complex matters, including at the appellate stage. He acts in and advises in connection with substantial commercial matters in areas of administrative law, contracts, corporations and securities law, equity and trusts, insolvency, insurance law, intellectual property, landlord and tenant, product liability, professional negligence, property law, trade practices and wills and estates.
Peter has appeared in and advised in connection with a number of class actions, including securities actions involving managed investment schemes (including recently Banksia, Willmott, Great Southern), product liability and environmental law.
Doyles Guide – Leading or recommended Professional Indemnity Senior Counsel 2020, 2021, 2022
Peter accepts briefs as a mediator.
A selection of cases he has recently appeared in are:
LL UP Pty Ltd v Kegland Distribution Pty Ltd [2024] VSC 651 (25 October 2024)
Company oppression, trusts, unclean hands
Australian Securities Ltd v Victorian Managed Insurance Authority [2024] VSC 542 (6 September 2024)
Domestic Building Insurance – right of financier to recovery indemnity
Carl Finance Pty Ltd v Argent Law Pty Ltd [2024] VSC 424 (22 July 2024)
Recitals in deed created binding obligations
Independent Tube Mills Pty Ltd (in liq) v Corplex Pty Ltd [2024] VSC 267 (24 May 2024)
Subrogation and assignability in insurance
Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors (No 6) [2024] VSC 171 (10 April 2024)
Election between remedies
Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors (No 5) [2024] VSC 6 (25 January 2024)
Remedies: damages and account of profits
Zhang v Zhang & Anor [2024] VSC 3 (16 January 2024)
Cross-vesting – removal from Supreme Court of Victoria to Federal Court of Australia
Sun v Sunshine International Australia Pty Ltd [2023] VSC 696 (29 November 2023)
Shareholder oppression
Mikkelsen v Li [2023] VSCA 255 (26 October 2023)
Misleading and deceptive conduct and contributory negligence
Krongold v Thurin [No 2] [2023] VSCA 210 (5 September 2023)
Costs: referral of questions to Court of Appeal
Krongold v Thurin [2023] VSCA 191 (17 August 2023)
Federal jurisdiction – referral power from Victorian Civil and Administrative Tribunal to Supreme Court of Victoria
Laird v Vallance [2023] VSCA 138 (8 June 2023)
Constructive trust – proprietary estoppel – representations by parents to son
Yin v Wu [2023] VSCA 130 (1 June 2023)
Foreign judgments – enforcement of judgment of Chinese Court. Summary judgment – restitution
Sam v Wu & Ors (Ruling) [2023] VCC 582 (18 April 2023)
Discovery, limitation, determination as to when loss suffered
Vanta Pty Ltd v Mantovani [2023] VSCA 53 (16 March 2023)
Lost trust deed – whether as a consequence trust property held on a constructive trust
Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors (No 3) [2023] VSC 135 (21 March 2023)
Breach of fiduciary duty – election between remedies.
Teico Investments & Anor v WA Blue Gum Limited & Anor [2022] VSC 379 (5 July 2022)
Managed investment scheme – trustees duties – defective Product Disclosure Statement
Taleb v Rijal [2022] VSC 259 (25 May 2022)
Motor vehicle, entitlement to hire car
Certain Underwriters at Lloyd's of London v Dhillon Scaffolding Pty Ltd [2022] VSCA 92 (18 May 2022)
Appeal, insurance, reasonable precautions requirement
Yehia v Williams [2022] VSC 197 (22 April 2022)
Motor vehicle, entitlement to hire car
Zivkovic v Parke [2022] VSCA 43 (31 March 2022)
Contract, settlement of proceedings, conditions precedent
Dugan v Process Holdings Pty Ltd (No 3) [2021] VSC 737 (12 November 2021)
Fiduciary duty – claim by shareholder that directors owed him fiduciary duties – damages – pleading
Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors [2021] VSC 572 (13 September 2021)
Breach of fiduciary duty, accountants, appropriation of business opportunity
Hamilton v Dominican Province of the Assumption & Anor [2021] VSC 261 (14 May 2021)
Limitations, personal injury, sexual abuse claim
Corporate insolvency, administration, sale and purchase of real estate
SF Cosentino Pty Ltd v Glendining [2020] VSCA 149 (9 June 2020)
Appeal: sale of business, guarantee
Braham v ACN 101 482 580 Pty Ltd [2020] VSCA 108 (6 May 2020)
Appeal – professional negligence, solicitors, managed investment scheme
Nom De Plume v Ascot Vale Self Storage [No 2] [2020] VSCA 70 (27 March 2020)
Appeal – insolvent trading, breach of financing agreement
Danbol Pty Ltd v Swiss Re International Se [2020] VSC 23 (7 February 2020)
Insurance – whether contract of insurance entered into
Ascot Vale Self Storage Pty Ltd (in Liq) v Nom de Plume Pty Ltd [2019] VSC 794 (4 December 2019)
Abuse of process – whether permanent stay warranted
Re Ballanbrae Pastoral Coy Pty Ltd [2019] VSC 808 (7 December 2019)
Wills and estates – executors commission
Re 99A Furlong Road Pty Ltd [2019] VSC 528 (2 August 2019)
Restraining lawyers from acting
SXIQ Pty Ltd v Kalmus [2019] VSC 429 (28 June 2019)
Employment law – summary dismissal for misconduct
Orwin v Rickards [2019] VSC 375 (7 June 2019)
Professional negligence – lawyers – family law
Professional negligence – solicitors liability for financial agreement under Part VIIIA of the Family Law Act
The Edge Development Group Pty Ltd v Jack Road Investments Pty Ltd [2019] VSCA 91 (24 April 2019)
Contract – whether agreement subject to contract
MA & J Tripodi Pty Ltd (v Swan Hill Chemicals Pty Ltd [2019] VSCA 46 (12 March 2019)
Damages – lost opportunity
Liability limited by a scheme approved under Professional Standards Legislation
Patrick practices broadly, with a focus on public law, regulatory matters, government private law liability, criminal law and inquiries. He has particular experience in corporate and other forms of financial misconduct, including white collar crime.
Before coming to the bar, Patrick was an associate to the Hon Justice Nettle AC in the High Court of Australia; a senior lawyer and manager of the Appeals Practice at the North Australian Aboriginal Justice Agency (NAAJA); and an associate to Justice T Forrest in the Supreme Court of Victoria.
Patrick holds a Bachelor of Arts and a Juris Doctor (with first-class honours) from the University of Melbourne. He read with Ruth Shann SC and his senior mentor is Rowena Orr QC (SG).
Some illustrative matters include:
Public law and regulatory matters:
Royal Commissions, inquests and other inquiries:
Criminal law:
Angus has appeared in the High Court, Federal Court and state Supreme and County Courts. He regularly advises and appears in relation to complex commercial issues.
Angus's recent appearances include:
Recent publications include 'Special Difficulty: Volume Builders and Copyright in Architectural Plans' (2021) 124 Intellectual Property Forum 26.
Before joining the Bar, Angus was associate to the Hon Justices Ashley and Croft of the Supreme Court of Victoria. Angus previously worked as a solicitor in commercial disputes at Allens Linklaters and in the USA at Kaggle Inc (a subsidiary of Google LLC) managing contracting, intellectual property, and business development with clients including Shell, Apache, GE, NASA, Facebook and Microsoft. Angus holds honours and masters degrees in law from the University of Melbourne.
Angus is a member of IPSANZ.
Liability limited by a scheme approved under Professional Standards legislation.
Roshena practises in commercial and public law.
Prior to coming to the bar, Roshena was a Senior Associate at Corrs Chambers Westgarth. Roshena acted for multinationals, government authorities and large public and private entities in a variety of matters in the Federal Court, Supreme Court and appellate courts.
Roshena holds a Bachelor of Arts and a Bachelor of Laws with Honours from Monash University and a Master of Laws from the University of Melbourne.
Roshena read with the Honourable Justice Catherine Button and her senior mentor was the Honourable Justice Niall (then Solicitor-General for Victoria).
Practice
Roshena has advised and appeared both led and unled in commercial and public law matters. Select matters in which Roshena has been briefed include:
Connective Services Pty Ltd & Anor v Lees & Ors (reserved) – acted for defendant directors in a 52 day trial in the Supreme Court of Victoria involving allegations of breaches of directors’ duties (led by Michael Borsky QC).
Crown Melbourne Royal Commission into the Casino Operator and Licence
Perth Casino Royal Commission
Acting for the State of Victoria in disputes regarding the West Gate Tunnel Project (led by Martin Scott QC).
Acting for the taxpayer in a confidential transfer pricing matter.
Warrnambool Cheese & Butter Factory Company Holdings Limited v Mondelez Australia (Foods) Limited - environmental contamination (led by Tomo Boston QC).
Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.
Amcor Flexibles Group Pty Ltd v AIG Australia Limited [2016] FCA 1428 – acted for insurer in dispute regarding breach of warranty on business purchase (led by Catherine Button QC).
Bodycorp Repairers Pty Ltd v GDG Legal Pty Ltd & Anor [2018] VSCA 32 and Bodycorp Repairers Pty Ltd v GDG Legal Pty Ltd & Anor [2017] VSC 200 – professional negligence (settled). Appeared both unled and led by Catherine Button QC.
Lopez v Harstedt Pty Ltd [2018] VSCA 19, Harstedt Pty Ltd v Tomanek [2018] VSCA 84 and Harstedt Pty Ltd v Apollo Development Enterprises Pty Ltd [2017] VCC 834 – fraudulent breach of trust and on appeal to the Court of Appeal (led by David Robertson QC).
Harstedt Pty Ltd v Lopez & Ors [2018] VCC 1361 - transfer of land with intent to defraud creditors (led by David Robertson QC).
Australian Motoring Services Pty Ltd v Victorian WorkCover Authority (VCAT, 2017) - acted for statutory authority in an insurance premium dispute (unled).
Celsius Fire Services Pty Ltd v Magistrates’ Court of Victoria - acted for plaintiff in Supreme Court judicial review proceedings arising out of a prosecution under the Occupational Health and Safety Act 2004 (Vic) (led by Timothy McEvoy QC and Anthony Strahan QC).
Dominion WFS Pty Ltd and Ors v Ace Insurance and Ors (Supreme Court of New South Wales) - contraventions of the Corporations Act and the Superannuation Industry (Supervision) Act (led by Andrew Coleman SC and Andrew Bailey).
Daniel regularly appears in the Supreme Court of Victoria, Federal Court, County Court of Victoria, the Courts of Appeal, and the Victorian Civil and Administrative Tribunal.
His particular areas of expertise are in competition and consumer law, property and proprietary estoppel, trusts, commercial contracts, restraints of trade, directors’ duties and partnerships. He is included in Australia's Best Lawyers for Competition Law (2018 to 2024), Commercial Law (2020 to 2024) and Litigation (2024).
He also actively practises in a wide range of other commercial matters, including corporations, insolvency, telecommunications, professional negligence and corporate governance, administrative law and local government. He is a qualified mediator.
Prior to signing the Bar Roll in 2004, Daniel was a Senior Associate in the Competition Group of Allens Linklaters in Melbourne and a director in the Telecommunications Group of the Australian Competition and Consumer Commission. He was Associate to the former Chief Justice of the High Court of Australia, Sir Gerard Brennan.
Daniel is the author of Competition Law - The Laws of Australia (2014 Thomson Reuters). He is currently author and editor of Competition Law (Laws of Australia) and was previously author and editor of Restraints of Trade (Laws of Australia). He has published several refereed articles in the areas of competition law, international trade law, law and economics, consumer protection and unconscionability.
He has Honours in Economics at Monash University, Master of Laws with first class honours at the University of Melbourne, and Master of Laws (Kent Scholar) at Columbia University Law School, New York. He was an Assistant Lecturer in Economics at Monash University. At the Law School of the University of Melbourne, he co-lectured Economics for Competition Lawyers in the Masters program and lectured Legal Theory in the Juris Doctor program.
Daniel was the Chair of the Competition and Consumer Law Section of the Commercial Bar Association of Victoria from 2019 to 2022. He is the Principal Examiner for Specialist Accreditation for Commercial Litigation for the Law Institute of Victoria.
'Liability limited by a scheme approved under Professional Standards Legislation.'
Toby principally practices in building and construction litigation and arbitration. Toby advises and appears as counsel in disputes ranging from small scale developments through to complex engineering and major infrastructure projects.
Recent major matters include:
From 2015 to 2023 Toby has been rated as pre-eminent, leading or recommended junior counsel in Melbourne and Australia by the peer reviewed Doyles guide.
Before joining the Bar, Toby worked as a Senior Associate in the construction and major projects group of Clayton Utz in Melbourne (2000-2008).
Toby holds honours degrees in law and chemical engineering and is also conversational in Mandarin Chinese and Danish.
From 01/07/2010, Liability limited by a scheme approved under Professional Standards Legislation.
Hannah practises primarily in public law, including administrative law, regulatory matters, anti-discrimination and criminal law.
Before coming to the Bar, Hannah was an associate to the Hon Justice Stephen Gageler AC at the High Court of Australia (now Chief Justice of Australia). Hannah also worked as a Senior Lawyer in the Appeals and Strategic Litigation team at Victoria Legal Aid, an Associate Public Defender in Victoria Legal Aid Chambers and an associate to the Hon Justice Richard White in the Federal Court of Australia.
Hannah holds a Master of Laws from Columbia Law School and a Bachelor of Laws with First Class Honours from the University of Adelaide. She is a reporter for the Commonwealth Law Reports.
Hannah read with Catherine Boston SC. Her senior mentor is Kathleen Foley SC.
Liability limited by a scheme approved under Professional Standards Legislation.
Allen has a broad practice in commercial and public law, human rights and general litigation.
Before joining the bar, Allen was a Senior Associate at Corrs Chambers Westgarth. Prior to this, Allen worked for 9 years in Beijing, China and New York, USA. Allen completed his articles at Allens Arthur Robinson (now Allens Linklaters) in 2008.
Allen is experienced in operating across multiple jurisdictions, particularly China, the United States of America and Australia and accepts briefs directly from in-house counsel.
Allen was also admitted to practise New York in 2017 and holds a Bachelor of Laws/Bachelor of Arts (Hons) from the University of Melbourne and a Master of Laws from New York University (NYU). Allen has been the recipient of an Australian Government Endeavour Award and is an affiliated scholar at the U.S.-Asia Law Institute (USALI) at NYU and the Asian Law Centre (ALC) at The University of Melbourne.
Allen is reading with Tom Clarke and his senior mentor is Meg O’Sullivan KC.
Liability limited by a scheme approved under Professional Standards Legislation.
For 30 years, Richard has conducted a national practice as a workplace relations lawyer, having acted for most of the significant employers in Australia across all industries, including coal and metalliferous mining, offshore oil and gas, airlines, stevedoring, transport and logistics, building and construction, power generation, telecommunications and manufacturing. Richard has also acted extensively for government and public sector employers, as well as regulators.
Richard has extensive experience as a trial and appellate advocate in federal and state courts and tribunals in the full range of industrial and employment matters.
Recent cases include:
Murdock v Virgin Australia Airlines Pty Ltd (No 2) [2023] FCA 569 (5 June 2023)
Megan Willoughby v Jetstar Airways Pty Ltd [2023] FWC 899 (17 April 2023)
Qube Ports Pty Ltd [2023] FWC 508 (1 March 2023)
Fortrend Securities Pty Ltd v Wollermann [2023] FCA 70 (9 February 2023)
Application by Maurice Alexander Management Pty Ltd [2022] FWC 3236 (19 December 2022)
CBRE (C) Pty Ltd v Daniel Thomas & Ors [2022] VSC 636 (24 October 2022)
State of Victoria, Victoria Police v Milka Bateson [2022] FWC 2655 (4 October 2022)
Murdock v Virgin Australia Airlines Pty Ltd [2022] FCA 1074 (9 September 2022)
Annunziata Cinque v Jetstar Airways Pty Ltd [2022] FWC 2235 (24 August 2022)
Transport Workers' Union of Australia v Qantas Airways Limited (No 5) [2022] FCA 782 (1 June 2022)
Stuart Tween v Qantas Airways Ltd [2022] FWC 1594 (22 June 2022)
Transport Workers' Union of Australia v Qantas Airways Limited (No 4) [2021] FCA 1602
Flight Attendants' Association of Australia [2021] FWC 6537 (7 December 2021)
Transport Workers' Union of Australia v Qantas Airways Limited (No 3) [2021] FCA 1339
Civil Air Operations Officers' Association of Australia v Airservices Australia [2021] FCA 1030
Transport Workers' Union of Australia v Qantas Airways Limited [2021] FCA 873 (30 July 2021)
Sabapathy v Jetstar Airways (No 2) [2021] FCAFC 68
Summers v Qantas Airways Limited [2021] FCA 391 (21 April 2021)
Sabapathy v Jetstar Airways [2021] FCAFC 25 (4 March 2021)
Lyon v Jetstar Airways Pty Ltd [2021] FWCFB 960 (23 February 2021)
Lion - Beer Spirits & Wine Pty Ltd v United Workers' Union [2020] FWC 6617 (8 December 2020)
Fair Work Ombudsman v United Petroleum Pty Ltd [2020] FCA 590 (7 May 2020)
Shahin Enterprises Pty Ltd v Mathew [2020] FCAFC 57 (31 March 2020)
Australian Workers' Union, The [2020] FWC 1012 (25 February 2020)
Dasame Developments Pty Ltd & Ors v Pakenham Racing Club Inc [2019] VSC 816 (11 December 2019)
Civil Air Operations Officers’ Association of Australia v Airservices Australia [2019] FCA 1542
Fair Work Ombudsman v A&S Wholesale Fruit & Vegetables Pty Ltd [2019] FCCA 1838
Fair Work Ombudsman v Hu (2019) 289 IR 240
Australian Building and Construction Commissioner v Powell (No 2) [2019] FCA 972
Treasury Wine Estates Vintners Limited v Pearson (2019) 268 FCR 12
Chi Nguyen v KDR Victoria Pty. Ltd. T/A Yarra Trams [2019] FWC 685 (6 February 2019)
Catherine Thomas v KDR Victoria Pty Ltd t/a Yarra Trams [2018] FWC 2698
Application by the Construction, Forestry, Maritime, Mining and Energy Union for a right of entry permit to be issued to Mr Michael Kenneth Robinson [2018] FWC 1777 (12 April 2018)United Firefighters’ Union of Australia v Metropolitan Fire and Emergency Services Board T/A MFB; and Country Fire Authority[2018] FWC 4920
BGC Contracting Pty Ltd [2018] FWC 1466 (12 June 2018)
Fair Work Ombudsman v Hu (No 2) [2018] FCA 1034 (12 July 2018)
Pilbara Iron Company (Services) Pty Ltd t/a Rio Tinto Iron Ore v Michael Ballam [2018] FWCFB 1747
Kaseries v Rasier Pacific VOF [2017] FWC 6610 (21 December 2017)
Pearson v Treasury Wines Estates [2017] SAET 182 (21 December 2017)
Construction, Forestry, Mining and Energy Union v CSRP Pty Ltd [2017] FWCFB 2101 (19 April 2017); (2017) 270 IR 1
Maritime Union of Australia v MMA Offshore Logistics Pty Ltd [2017] FWCFB 660 (1 February 2017); (2017) 263 IR 81
Hutchings v Coles Group Supply Chain Pty Ltd [2017] FWCFB 50 (11 January 2017)
United Voice v MSS Security Pty Ltd [2016] FCAFC 124 (23 August 2016)
Articles and papers include:
"Judicial Review of Decisions of the Fair Work Commission", Paper delivered at the Victorian Bar CPD seminar on 25 July 2019.
"Protected industrial action and terminating or suspending industrial action", Paper delivered at Law Institute of Victoria Workplace Law Group Annual Conference at Oaks on Market on 9 November 2012.
"Dealing with OHS representatives and OHS right of entry", Paper delivered at Legalwise Workplace Law Seminar at RACV Club Melbourne on 7 March 2012.
"Civil Penalty Proceedings under the Fair Work Act 2009 and the Building and Construction Industry Improvement Act 2005", Seminar Paper delivered at Law Institute of Victoria on 28 July 2011.
"A Costly Decision", Law Institute Journal, July 2009 (article dealing with the costs framework under the Fair Work Act 2009).
"Workers' Entitlements in Insolvency", Seminar Paper delivered at Legalwise Seminar "Corporate Insolvency: A Practical Guide", Melbourne, 15 September 2005. "Making Disputes Procedures Work", February 2003.*
http://www.findlaw.com.au/articles/default.asp?task=read&id=7654&site=GN "The Right to Strike in Australia", R. Dalton and R. Groom; Melbourne University Journal of International Law, Issue 1 Volume 1, December 2000.*
http://www.mjil.law.unimelb.edu.au/issues/archive/2000/2000-11Dalton.pdf “Inherent requirements of the particular position”, R. Dalton and J. Cooper, Australian Company Secretary, 1996 vol 48(7) Aug pp. 301-302.* (* as a solicitor).
From 01 Jul 2008, liability limited by a scheme approved under Professional Standards legislation.
Liam is a commercial barrister specialising in commercial, construction, ACL and insurance disputes.
He is recognised as a preeminent construction and infrastructure law barrister both in Victoria and Australia-wide in the peer-reviewed Doyle's Guide. He appears (led and unled) in commercial courts throughout Australia.
Liam has particular expertise in acting in substantial and complex construction and engineering disputes involving litigation or arbitration. Many of these disputes concern major infrastructure projects (across a range of sectors including energy, roads, waste-water treatment plants, desalination plants and hospitals) and involve complex issues of delay, disruption, contract termination and professional negligence.
Liam is also experienced in acting in disputes involving the security of payment legislation, including applications for judicial review, having been involved in a number of significant decisions in this area.
Liam is a member of Victorian Bar's Building and Construction law group and the Society of Construction Law Australia.
A selection of recent cases/ significant cases:
Court proceedings (various)
Tesseract v Pascale (High Court)(Case No A9/2023)
An appeal to the High Court concerning the applicability of State and Commonwealth proportionate liability legislation in arbitration (led by B Walker SC and T Margetts KC).
Biodiversity Sub TC Pty Ltd v Vaughan Construction Pty Ltd & Ors (2023) (Supreme Court of Victoria
Acting for the vendors of land in a large multiparty dispute involving complex geotechnical and hydrogeological issues and allegations of breach of contractual warranties (led by C Archibald KC).
Pirmax Pty Ltd v Kingspan Insulation Pty Ltd [2022] FCA 1340
Acting for the Respondent and Cross-claimant in a proceeding concerning allegations of misleading or deceptive conduct and false product performance claims made in relation to thermal insulation products (led by C Archibald KC , with A Terzic).
Gemcan Constructions Pty Ltd v Westbourne Grammar School [2022] VSC 6
Acting for a successful claimant in an application to enforce an arbitral award and resist an application to set aside the award(unled).
Lendlease Building Pty Ltd v Scientific Fire Services Pty Ltd & Ors (Supreme Court Proceeding of Victoria) (ongoing)
Acting for a claimant seeking to recover losses incurred in connection with claims of professional negligence made as a result of the construction of an apartment building with combustible cladding (led by N Pane KC).
Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2022] SASCA 107
Acting for the Applicant in the referral of a preliminary question as to whether State and Commonwealth proportionate liability provisions apply in arbitration (led by B Walker SC and T Margetts KC) .
John Holland Pty Ltd v The Minister for Works (Western Australian Supreme Court Proceeding)(2022)
Acting for the Minister for Works in a complex dispute involving alleged delay and variation claims in the vicinity of $150M arising from the construction of the Perth Children’s Hospital (led by M Roberts KC and J Taylor SC).
Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2021] SASCA 8
Acting for an appellant seeking to set aside a decision regarding the enforceability of dispute resolution clause in a construction contract (led by T J Margetts KC).
Transurban WGT Co Pty Ltd v CPB Contractors Pty Ltd [2020] VSC 476
Acting for Transurban in application for declaratory and injunctive relief in a major dispute arising from the construction of the West Gate Tunnel Project (led by B Walker SC, M Roberts KC, J Moore KC, with T Breakspear and J Gregory).
Gemcan Constructions Pty Ltd v Westbourne Grammar School [2020] VSC 429
Acting for a contractor in an application to enforce an arbitration clause in a construction contract (unled).
Rocke Brothers Pty Ltd v Civilmech Pty Ltd & Ors (2020) (Supreme Court proceeding)
Acting for a structural engineer defending claims of professional negligence involving alleged failures to take reasonable care (unled).
Sitzler Pty Ltd v GPT RE Ltd [2019] (Federal Court proceeding)
Acting for the head contractor in complex multiparty proceeding in the Federal Court involving professional negligence, alleged building defects and disputed variations (led by R Manly KC).
Monde Construction & Refrigeration Pty Ltd v Intrax Consulting Engineers Pty Ltd (2018)(Supreme Court Proceeding).
Acting for a structural engineer defending claims of professional negligence involving alleged failures to take reasonable care (led by T Margetts KC).
Security of payment matters
Whitehorse Box Hill Pty Ltd v Alliance CG Pty Ltd & Anor [2022] VSC 22
Application for judicial review of an adjudication determination made under the Building and Construction Industry Security of Payment Act 2002 (Vic) (unled).
MKA Bowen v Carelli Constructions [2019] VSC 436
Acting for a contractor applying to set aside an adjudication determination made under the Building and Construction Industry Security of Payment Act 2002 (Vic) on the basis of jurisdictional error (unled).
Westbourne Grammar School v Gemcan Constructions Pty Ltd [2017] VSC 645
Application for judicial review of an adjudication determination made under the Building and Construction Industry Security of Payment Act 2002 (Vic) (unled).
SSC Plenty Road Pty Ltd v Construction Engineering (Aust) Pty Ltd [2016] VSCA 119
Court of Appeal Proceeding. Acting for the head contractor defending an appeal involving the application of the Building and Construction Industry Security of Payment Act 2002 (Vic) (led by T Margetts KC).
Milburn Lake Pty Ltd (trading as Irwin Stockfeeds) v Andritz Pty Ltd [2016] VSC 3
Application for judicial review of an adjudication determination made under the Building and Construction Industry Security of Payment Act 2002 (Vic) (unled).
Arbitration proceedings
N v B&W (2023)
Acting for a council in an arbitration proceeding involving disputes regarding variations, liquidated damages, extension of time and delay costs.
G v W (2021)
Acting for the contractor in arbitration proceeding involving disputes regarding variations, liquidated damages, extension of time and termination (unled).
RC v WW (2020)
Acting for contractor in a dispute involving the construction of a sewerage infrastructure works.
Expert determination
G v E (2018)
Appointed as an expert to determine dispute concerning the interpretation of a variation clause in a major residential apartment development.
From 21st June 2011, liability limited by a scheme approved under Professional Standards Legislation.
Kathleen maintains a broad practice and accepts briefs to appear and advise in a range of areas including:
Previously, Kathleen served as the Associate to the Honourable Justice R R S Tracey AM RFD of the Federal Court of Australia. Immediately prior to coming to the Bar, Kathleen was employed as a Senior Solicitor at the Office of Public Prosecutions. Prior to this, she served as a legal officer at the Coroners Court assisting Coroner R Carlin (as her Honour then was), and as a lawyer within the Court of Appeal Registry.
Kathleen read with P Wallis KC. Her senior mentor was R Gillies KC.
Recent significant matters include:
Appointments:
Kathleen currently serves as a member of the Executive Committee of the Commercial Bar Association and the Exam Committee. She previously served on the Health and Wellbeing Committee. Kathleen is a director of the Victorian Bar Foundation, the Bar's charitable trust.
From 25 October 2018, liability limited by a scheme approved under Professional Standards legislation.
Lachlan practices primarily in commercial litigation, with a particular focus on corporations law matters, professional negligence claims, trust and shareholder
disputes and corporate and individual insolvency. Lachlan also accepts briefs in employment, insurance and administrative law matters.
As a senior associate at Hall & Wilcox, Lachlan appeared extensively as a solicitor advocate in contested matters in all Victorian and Federal Courts. With over seven years'litigation experience, Lachlan has acted for clients in a broad range of complex disputes, including:
Lachlan holds a Bachelor of Laws (Hons) and a Bachelor of Science (Chemistry) from the University of Melbourne. He regularly conducts matters involving complex expert evidence and technical issues.
Lachlan is reading with Jeremy Slattery and his senior mentor is Stewart Maiden QC.
From 16 August 2019, liability limited by a scheme approved under Professional Standards legislation.
Callum accepts briefs in commercial and common law matters, and has a particular interest in disputes involving regulated commercial relationships, such as retail leases, Security of Payment Act disputes, and licences and permits.
Before coming to the bar, Callum was associate to first Justice Osborn and then Justice Riordan where he was involved in proceedings in every division of the Supreme Court of Victoria, including the Court of Appeal.
He was awarded both the Supreme Court Prize and the Dean's Medal (Law) in his final year at La Trobe University, graduating with first class Honours.
Callum has tutored and assessed law students, including the subjects of Remedies, Tort Law, Contract Law, Property Law, Statutory Interpretation, Public Law, and Family Law.
He regularly operates with electronic briefs, and prefers to do so where feasible.
Callum read with Samuel Hopper. His senior mentor is Ian Waller QC.
Liability limited by a scheme approved under Professional Standards Legislation.
I have been a commercial litigation lawyer for 30 years and a mediator for 20 years. I currently practice at the Victorian Bar exclusively as a mediator.
I have been named as a leading mediator in Victoria in Doyle's Guide each year the list has been published and am accredited by the Victorian Bar as an advanced mediator. I have undertaken advanced mediation training with Harvard Negotiation Institute's Program on Negotiation and also with Bond University's Dispute Resolution Centre.
In my roles with the Federal Court of Australia, I undertook mediations in all major areas of the Court's jurisdiction (commercial and trade practices disputes, insolvency, workplace, native title and human rights cases), trained and mentored new mediators and co-developed and delivered mediation skills training for the judiciary and legal profession in the South Pacific. I also exercised judicial functions in bankruptcy and corporations law cases.
At the ANZ Banking Group Limited I was a senior member of the Bank's dispute resolution group, which had responsibility for all of the Bank's non-lending related litigation as well as high-profile lending disputes.