Rebecca was associate to the Hon Chief Justice Warren of the Supreme Court of Victoria for two years, during which time her Honour sat in the Court of Appeal, the Criminal, Commercial and Equity, and Common Law Divisions as well as the Practice Court.
Rebecca comes to the Bar from Allens Arthur Robinson where she worked in the Litigation group, primarily on product liability, trade practices and insurance matters.
In 2006, Rebecca completed the Melbourne Juris Doctor and has since lectured in Business Law and Company Law.
Prior to undertaking the Juris Doctor, Rebecca worked as a project manager in the corporate sector, developing strategy and policy documents, and implementing large scale business projects.
From 03/12/2009, Liability limited by a scheme approved under Professional Standards Legislation.
Daniel is a commercial barrister with a practice focussing on insurance, corporations, equity and trusts, professional negligence, consumer protection, trade practices, and building and construction law. He is regularly briefed to appear in State and Federal jurisdictions, both unled and as a junior, and provides practical and considered advice to clients involved in complex disputes. He is ranked by Doyles Guide as a Leading Professional Indemnity Junior Counsel in Victoria.
Daniel commenced his legal career at Arnold Bloch Leibler in Melbourne, gaining a strong foundation in commercial law. He holds a Bachelor of Arts and a Bachelor of Laws from Monash University, and a Master of Laws from the University of Melbourne.
Committee positions
Recent matters
Commercial and Corporations Law
Insurance
Building and Construction
Consumer Law
Trusts and Equity
Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.
Andrew Broadfoot took silk in 2016 and appears in, and advises on, trials and appeals in tax, commercial, tort and administrative law. Principally his
clients are involved in the mining, petroleum and financial sectors. Accepts direct briefs from corporate clients.
He has also represented Commonwealth and State government authorities in a variety of matters ranging from taxation appeals, matters concerning statutory
interpretation, "serious injuries" as defined in applicable legislation, judicial review, and securities regulation, to the "Abalone class action"
which concerned liability in negligence for pure economic loss arising from a herpes like virus that killed a large proportion of Victoria's wild abalone
stocks. This was one of the largest class actions to run to judgment in Australia and successfully be defended. Also has experience in energy regulation
including electricity distribution.
He is experienced in dealing with expert evidence and has cross-examined experts practising in numerous disciplines including valuation, science, engineering, economics, medicine, health and safety and accounting.
In the revenue field he is experienced in dealing with transfer pricing related matters, capital/income issues, trust and property law issues, anti-avoidance legislation, research and development claims and application of the petroleum resource rent tax legislation.
Further details and a list of recent cases can be found via the professional profile link above. Connect with Andrew via LinkedIn http://www.linkedin.com/in/andrew-broadfoot-qc-41b47a2a
From 1 July 2008, Liability limited by a scheme approved under Professional Standards legislation
Spike practices in a broad range of litigation matters across all jurisdictions, but predominantly in commercial litigation.
He completed his traineeship (articles) in 2010 at a small firm named Christopher Bunnett Lawyers following which practised there as a solicitor before joining the bar. As a solicitor Spike practised mainly in commercial disputes, but from time to time ran matters in other areas including administrative law, professional disciplinary matters, common law, crime and inquests.
Since coming to the bar, Spike's practice has been in commercial litigation, common law, professional negligence and costs law.
Spike read with Chris Horan QC.
After admission Darryl joined Shell Australia in its Industrial Law Department. His period there included being the Senior Industrial Relations Officer at the Corio Refinery with regular appearances as an advocate for Shell in various industrial tribunals. As a result, Darryl understands the business environment as it interfaces with employment law.
Darryl appears regularly in the Fair Work commission, the Federal Court, Magistrates and County Court in unfair / unlawful / wrongful dismissals and general protection applications. He also appears regularly in Disciplinary Tribunals defending professionals with particular emphasis on medical and allied professions. He is also experienced in family violence, stalking and intervention orders, crime, equal opportunity, coronial inquests and guardianship matters. He has appeared in the County Court on a number of occasions in intervention order appeals.
Vice President of the Victorian Bar Council 2021/ 2022.
Phil practises in commercial and public law.
In public law, Phil has appeared in both judicial and merits review matters at all levels, including as a junior in the High Court of Australia. Phil has taught public law subjects at the University of Melbourne and La Trobe University.
Phil has particular expertise in professional regulation, environmental law and general administrative law cases (from licensing to patent matters). Phil has appeared for statutory bodies and professionals in numerous merits review and appeal proceedings in the regulation of accountants, lawyers and health practitioners, and is regularly briefed in merits review proceedings for both medical boards and health practitioners.
In commercial law, Phil has a broad practice including building and construction, sale of business and general contractual matters, in addition to insurance and banking cases.
Prior to coming to the Bar, Phil was a commercial and public litigation solicitor at Ashurst and Browne & Co in Melbourne, a Principal Legal Policy Officer in the Department of Justice in Victoria, and Associate to the Honourable Justice Habersberger in the Supreme Court of Victoria. Phil also practised in the United Kingdom with Richard Buxton Environmental and Public Law, with whom he instructed at the Supreme Court, and at the Compliance Committee for the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters at the United Nations in Geneva.
Phil is approachable and practical. His recent matters include:
Perrett-Abrahams v Psychology Board of Australia (Review and Regulation) [2017] VCAT 877
Rein v Australian Health Practitioner Regulation Agency (Human Rights) [2017] VCAT 452
Woolworths Limited v The Administrator of the Northern Territory & Ors Federal Court NTD7 of 2017 (for the Applicant challenging the legality of regulation under the Liquor Act (NT), with Alistair Wyville QC, resolved prior to hearing - regulation repealed and legislation amended)
Syme v Medical Board of Australia (Review and Regulation) [2016] VCAT 2150
Rein v Nursing and Midwifery Board of Australia (Review and Regulation) [2016] VCAT1426
Environment Centre Northern Territory Inc v Minister for the Environment Federal Court NTD3 of 2016 (for the Applicant under the AD(JR) Act regarding approval under the EPBC Act of the Port Melville marine supply base, with Peter Gray QC, resolved prior to hearing - decision quashed and remitted)
Medical Board of Australia v Kemp (Review and Regulation) [2016] VCAT 2039
Jagroop v Minister for Immigration and Border Protection [2016] FCAFC 48
Dauguet v Centrelink [2015] FCA 1212
Sunesis Pharmaceuticals Inc v Commissioner of Patents [2015] FCAFC 29
Miles v Commissioner of Patents [2014] HCATrans 293
Miles v Commissioner of Patents [2014] FCAFC 109
Muto v Secretary to the Department of Planning and Community Development (Review and Regulation) [2013] VCAT 1533
From 17 May 2013, liability is limited by a scheme approved under Professional Standards legislation.
Megan was called to the Bar in October 2013, after completing an Associateship to Her Honour Judge Davis at the County Court of Victoria.
Megan accepts briefs for both plaintiffs and defendants, preparing paperwork and appearing in a wide variety of personal injury matters (in particular, WorkCover, TAC and public liability). She is experienced in appearing (both alone and led) in statutory benefits hearings, serious injury applications, judge-alone trials, jury trials and appeals.
Megan holds a Bachelor of Laws (First Class Honours) and a Bachelor of Arts (major in Japanese) from the University of Melbourne. She has also completed a Masters of Law (Legal Practice) at the Australian National University. Megan is currently the President of hte Compensation Law Bar Association. She has sat on the committee of the Compensation Law Bar Association since 2015 and served as Secretary from 2019 to 2021. She has also previously sat on the Victorian Bar's Pro-Bono Commitee, Sustainability Committee and the Women Barristers' Association Committee.
“From 24 Oct 2013, liability limited by a scheme approved under Professional Standards legislation.”
Roshena practises in commercial and public law.
Prior to coming to the bar, Roshena was a Senior Associate at Corrs Chambers Westgarth. Roshena acted for multinationals, government authorities and large public and private entities in a variety of matters in the Federal Court, Supreme Court and appellate courts.
Roshena holds a Bachelor of Arts and a Bachelor of Laws with Honours from Monash University and a Master of Laws from the University of Melbourne.
Roshena read with the Honourable Justice Catherine Button and her senior mentor was the Honourable Justice Niall (then Solicitor-General for Victoria).
Practice
Roshena has advised and appeared both led and unled in commercial and public law matters. Select matters in which Roshena has been briefed include:
Connective Services Pty Ltd & Anor v Lees & Ors (reserved) – acted for defendant directors in a 52 day trial in the Supreme Court of Victoria involving allegations of breaches of directors’ duties (led by Michael Borsky QC).
Crown Melbourne Royal Commission into the Casino Operator and Licence
Perth Casino Royal Commission
Acting for the State of Victoria in disputes regarding the West Gate Tunnel Project (led by Martin Scott QC).
Acting for the taxpayer in a confidential transfer pricing matter.
Warrnambool Cheese & Butter Factory Company Holdings Limited v Mondelez Australia (Foods) Limited - environmental contamination (led by Tomo Boston QC).
Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.
Amcor Flexibles Group Pty Ltd v AIG Australia Limited [2016] FCA 1428 – acted for insurer in dispute regarding breach of warranty on business purchase (led by Catherine Button QC).
Bodycorp Repairers Pty Ltd v GDG Legal Pty Ltd & Anor [2018] VSCA 32 and Bodycorp Repairers Pty Ltd v GDG Legal Pty Ltd & Anor [2017] VSC 200 – professional negligence (settled). Appeared both unled and led by Catherine Button QC.
Lopez v Harstedt Pty Ltd [2018] VSCA 19, Harstedt Pty Ltd v Tomanek [2018] VSCA 84 and Harstedt Pty Ltd v Apollo Development Enterprises Pty Ltd [2017] VCC 834 – fraudulent breach of trust and on appeal to the Court of Appeal (led by David Robertson QC).
Harstedt Pty Ltd v Lopez & Ors [2018] VCC 1361 - transfer of land with intent to defraud creditors (led by David Robertson QC).
Australian Motoring Services Pty Ltd v Victorian WorkCover Authority (VCAT, 2017) - acted for statutory authority in an insurance premium dispute (unled).
Celsius Fire Services Pty Ltd v Magistrates’ Court of Victoria - acted for plaintiff in Supreme Court judicial review proceedings arising out of a prosecution under the Occupational Health and Safety Act 2004 (Vic) (led by Timothy McEvoy QC and Anthony Strahan QC).
Dominion WFS Pty Ltd and Ors v Ace Insurance and Ors (Supreme Court of New South Wales) - contraventions of the Corporations Act and the Superannuation Industry (Supervision) Act (led by Andrew Coleman SC and Andrew Bailey).
Peter has an extensive commercial law practice. He has appeared in a number of long and complex matters, including at the appellate stage. He acts in and advises in connection with substantial commercial matters in areas of administrative law, contracts, corporations and securities law, equity and trusts, insolvency, insurance law, intellectual property, landlord and tenant, product liability, professional negligence, property law, trade practices and wills and estates.
Peter has appeared in and advised in connection with a number of class actions, including securities actions involving managed investment schemes (including recently Banksia, Willmott, Great Southern), product liability and environmental law.
Doyles Guide – Leading or recommended Professional Indemnity Senior Counsel 2020, 2021, 2022
Peter accepts briefs as a mediator.
A selection of cases he has recently appeared in are:
LL UP Pty Ltd v Kegland Distribution Pty Ltd [2024] VSC 651 (25 October 2024)
Company oppression, trusts, unclean hands
Australian Securities Ltd v Victorian Managed Insurance Authority [2024] VSC 542 (6 September 2024)
Domestic Building Insurance – right of financier to recovery indemnity
Carl Finance Pty Ltd v Argent Law Pty Ltd [2024] VSC 424 (22 July 2024)
Recitals in deed created binding obligations
Independent Tube Mills Pty Ltd (in liq) v Corplex Pty Ltd [2024] VSC 267 (24 May 2024)
Subrogation and assignability in insurance
Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors (No 6) [2024] VSC 171 (10 April 2024)
Election between remedies
Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors (No 5) [2024] VSC 6 (25 January 2024)
Remedies: damages and account of profits
Zhang v Zhang & Anor [2024] VSC 3 (16 January 2024)
Cross-vesting – removal from Supreme Court of Victoria to Federal Court of Australia
Sun v Sunshine International Australia Pty Ltd [2023] VSC 696 (29 November 2023)
Shareholder oppression
Mikkelsen v Li [2023] VSCA 255 (26 October 2023)
Misleading and deceptive conduct and contributory negligence
Krongold v Thurin [No 2] [2023] VSCA 210 (5 September 2023)
Costs: referral of questions to Court of Appeal
Krongold v Thurin [2023] VSCA 191 (17 August 2023)
Federal jurisdiction – referral power from Victorian Civil and Administrative Tribunal to Supreme Court of Victoria
Laird v Vallance [2023] VSCA 138 (8 June 2023)
Constructive trust – proprietary estoppel – representations by parents to son
Yin v Wu [2023] VSCA 130 (1 June 2023)
Foreign judgments – enforcement of judgment of Chinese Court. Summary judgment – restitution
Sam v Wu & Ors (Ruling) [2023] VCC 582 (18 April 2023)
Discovery, limitation, determination as to when loss suffered
Vanta Pty Ltd v Mantovani [2023] VSCA 53 (16 March 2023)
Lost trust deed – whether as a consequence trust property held on a constructive trust
Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors (No 3) [2023] VSC 135 (21 March 2023)
Breach of fiduciary duty – election between remedies.
Teico Investments & Anor v WA Blue Gum Limited & Anor [2022] VSC 379 (5 July 2022)
Managed investment scheme – trustees duties – defective Product Disclosure Statement
Taleb v Rijal [2022] VSC 259 (25 May 2022)
Motor vehicle, entitlement to hire car
Certain Underwriters at Lloyd's of London v Dhillon Scaffolding Pty Ltd [2022] VSCA 92 (18 May 2022)
Appeal, insurance, reasonable precautions requirement
Yehia v Williams [2022] VSC 197 (22 April 2022)
Motor vehicle, entitlement to hire car
Zivkovic v Parke [2022] VSCA 43 (31 March 2022)
Contract, settlement of proceedings, conditions precedent
Dugan v Process Holdings Pty Ltd (No 3) [2021] VSC 737 (12 November 2021)
Fiduciary duty – claim by shareholder that directors owed him fiduciary duties – damages – pleading
Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors [2021] VSC 572 (13 September 2021)
Breach of fiduciary duty, accountants, appropriation of business opportunity
Hamilton v Dominican Province of the Assumption & Anor [2021] VSC 261 (14 May 2021)
Limitations, personal injury, sexual abuse claim
Corporate insolvency, administration, sale and purchase of real estate
SF Cosentino Pty Ltd v Glendining [2020] VSCA 149 (9 June 2020)
Appeal: sale of business, guarantee
Braham v ACN 101 482 580 Pty Ltd [2020] VSCA 108 (6 May 2020)
Appeal – professional negligence, solicitors, managed investment scheme
Nom De Plume v Ascot Vale Self Storage [No 2] [2020] VSCA 70 (27 March 2020)
Appeal – insolvent trading, breach of financing agreement
Danbol Pty Ltd v Swiss Re International Se [2020] VSC 23 (7 February 2020)
Insurance – whether contract of insurance entered into
Ascot Vale Self Storage Pty Ltd (in Liq) v Nom de Plume Pty Ltd [2019] VSC 794 (4 December 2019)
Abuse of process – whether permanent stay warranted
Re Ballanbrae Pastoral Coy Pty Ltd [2019] VSC 808 (7 December 2019)
Wills and estates – executors commission
Re 99A Furlong Road Pty Ltd [2019] VSC 528 (2 August 2019)
Restraining lawyers from acting
SXIQ Pty Ltd v Kalmus [2019] VSC 429 (28 June 2019)
Employment law – summary dismissal for misconduct
Orwin v Rickards [2019] VSC 375 (7 June 2019)
Professional negligence – lawyers – family law
Professional negligence – solicitors liability for financial agreement under Part VIIIA of the Family Law Act
The Edge Development Group Pty Ltd v Jack Road Investments Pty Ltd [2019] VSCA 91 (24 April 2019)
Contract – whether agreement subject to contract
MA & J Tripodi Pty Ltd (v Swan Hill Chemicals Pty Ltd [2019] VSCA 46 (12 March 2019)
Damages – lost opportunity
Liability limited by a scheme approved under Professional Standards Legislation
Sarah's practice has a particular focus on professional negligence, disciplinary matters and costs disputes.
She is also regularly briefed in general commercial matters and particularly insurance disputes.
She also appears in guardianship, administration and Part IV proceedings.
Sarah appears in interlocutory applications, trials (in Melbourne, regional Victoria and interstate) and on appeals, as well as in mediations. She is regularly briefed to advise in costs disputes, potential disciplinary proceedings and general commercial matters. Her advice is practical and solution-focussed.
Before coming to the bar in 2005, Sarah was a solicitor for 9 years in Australia and the UK. She was the inaugural head of the Ethics Department at the Law Institute of Victoria and has lectured regularly on professional standards issues.
She is a former member of the panel of examiners for Monash University, an occasional tutor at the Leo Cussen institute, and a regular speaker by invitation at law practices and conferences.
Recent decisions include -
Costs disputes and appeals arising from costs proceedings
Russels v McCardel [2014] VSC 287 (instructed by the Australian Legal Costing Group before Bell J), successfully defending an appeal from the Costs Court involving provisions of the Electronic Transactions (Victoria) Act 2000 and Part 3.4 Legal Profession Act 2004.
GLS v Goodman Group Pty Ltd (2015) VSC 627 (instructed by Debra Paver Costs Lawyer before Macaulay J), successfully defending an appeal from the Costs Court involving complex arguments on the law of accord and satisfaction in the context of legal costs under the Victorian statutory regime and the right to review under Division 7 Legal Profession Act 2004.
Eagle Lawyers v Career Education Consultants Australia Pty Ltd & Anor [2013] VCC 1263 (before Anderson J), successfully obtaining judgment against the first defendant in an action for recovery of legal costs and a dispute as to the basis of charging.
Numerous costs disputes in VCAT, the Magistrates’ Court and the Supreme Court.
Disciplinary hearings and appeals
Tuferu v Legal Services Commissioner [2013] VSC 645 (instructed by the Office of the LSC before Zammit AsJ), successfully defending a judicial review and appeal as to sanction following findings of professional misconduct.
Numerous disciplinary proceedings since 2009. See most recently for example LSC v Rhoden (Legal Practice) [2015] VCAT 1546, LSC v Tuferu (Legal Practice) [2013] VCAT 1438, LSC v Khan (Legal Practice) [2013] VCAT 651.
General commercial
Cross Country Realty Victoria Pty Ltd & Anor v Ubertas 350 William Street Pty Ltd [2015] VCC 1012 (with T North SC instructed by Brand Partners before Lacava J), successfully striking out the plaintiffs’ claim and obtaining summary judgment on a counterclaim relating to payment and retention of commission in breach of mandatory disclosure obligations under the Estate Agents Act 1980, and opposing a subsequent successful application for leave to appeal with D Collins SC.
Solari v CGY Insurance Ltd (No.1) [2015] VCC 207 (before Misso J), considering the construction of contractual terms in a claim against a deemed manufacturer and brought directly against the insurer pursuant to s601AG Corporations Act 2001.
Probate, administration and Part IV
Matthews v Matthews [2009] VSC 308 (Osborn J) - successfully applying to remove an executor on grounds of serious misconduct.
Re will and estate of Angelo Marotta (dec’d) [2011] VSC 324 (Zammit AsJ) - successfully defending a claim for summary dismissal under Part 4.4 of the Civil Procedure Act 2010; the implications of “no real prospect of success†in the context of a Part IV claim.
From 19th July 2012, liability limited by a scheme approved under Professional Standards legislation.
Angus has appeared in the High Court, Federal Court and state Supreme and County Courts. He regularly advises and appears in relation to complex commercial disputes. Angus is listed as one of Australia's leading class actions junior counsel in Doyles Guide.
Angus's published appearances include:
Angus previously served as Associate to the Hon Justice David J Ashley AM at the Victorian Court of Appeal. Angus also worked in commercial disputes at Allens Linklaters and in the USA at Kaggle Inc (a Google subsidiary) managing contracting, intellectual property, and business development. Angus holds honours and masters degrees in law from the University of Melbourne.
Liability limited by a scheme approved under Professional Standards legislation.
Michael practices primarily in personal injury and insurance law.
His practice includes appearance and advice work in WorkCover, TAC, public liability, product liability, medical and professional negligence and asbestos matters. He regularly appears in damages trials, serious injury applications, de bene esse hearings and mediations.
From 27th October 2011, liability limited by a scheme approved under Professional Standards Legislation.
Andrew Clements QC is an experienced trial and appellate advocate practising mainly in the areas of personal injuries, product liability, torts generally, insurance and professional disciplinary tribunals.
From 03 May 2012, liability limited by a scheme approved under Professional Standards legislation.
Daniel regularly appears in the Supreme Court of Victoria, Federal Court, County Court of Victoria, the Courts of Appeal, and the Victorian Civil and Administrative Tribunal.
His particular areas of expertise are in competition and consumer law, property and proprietary estoppel, trusts, commercial contracts, restraints of trade, directors’ duties and partnerships. He is included in Australia's Best Lawyers for Competition Law (2018 to 2024), Commercial Law (2020 to 2024) and Litigation (2024).
He also actively practises in a wide range of other commercial matters, including corporations, insolvency, telecommunications, professional negligence and corporate governance, administrative law and local government. He is a qualified mediator.
Prior to signing the Bar Roll in 2004, Daniel was a Senior Associate in the Competition Group of Allens Linklaters in Melbourne and a director in the Telecommunications Group of the Australian Competition and Consumer Commission. He was Associate to the former Chief Justice of the High Court of Australia, Sir Gerard Brennan.
Daniel is the author of Competition Law - The Laws of Australia (2014 Thomson Reuters). He is currently author and editor of Competition Law (Laws of Australia) and was previously author and editor of Restraints of Trade (Laws of Australia). He has published several refereed articles in the areas of competition law, international trade law, law and economics, consumer protection and unconscionability.
He has Honours in Economics at Monash University, Master of Laws with first class honours at the University of Melbourne, and Master of Laws (Kent Scholar) at Columbia University Law School, New York. He was an Assistant Lecturer in Economics at Monash University. At the Law School of the University of Melbourne, he co-lectured Economics for Competition Lawyers in the Masters program and lectured Legal Theory in the Juris Doctor program.
Daniel was the Chair of the Competition and Consumer Law Section of the Commercial Bar Association of Victoria from 2019 to 2022. He is the Principal Examiner for Specialist Accreditation for Commercial Litigation for the Law Institute of Victoria.
'Liability limited by a scheme approved under Professional Standards Legislation.'
Toby principally practices in building and construction litigation and arbitration. Toby advises and appears as counsel in disputes ranging from small scale developments through to complex engineering and major infrastructure projects.
Recent major matters include:
From 2015 to 2023 Toby has been rated as pre-eminent, leading or recommended junior counsel in Melbourne and Australia by the peer reviewed Doyles guide.
Before joining the Bar, Toby worked as a Senior Associate in the construction and major projects group of Clayton Utz in Melbourne (2000-2008).
Toby holds honours degrees in law and chemical engineering and is also conversational in Mandarin Chinese and Danish.
From 01/07/2010, Liability limited by a scheme approved under Professional Standards Legislation.
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:
Nicola was an Associate at Maddocks before coming to the Bar where she practised extensively in the local government, planning and environment field.
As a solicitor, Nicola regularly appeared at VCAT in relation to merits appeals, declaration applications, and enforcement order and contempt proceedings.
Nicola also had the carriage of appeals from VCAT to the Trial Division of the Supreme Court and the Court of Appeal in relation to questions of law arising from planning matters.In 2007, Nicola was seconded to the Department of Sustainability and Environment to prosecute summary and indictable wildlife, forestry, and environmental offences and matters on behalf of Heritage Victoria and in her final year at Maddocks Nicola was seconded to Yarra City Council as in-house counsel.
On her admission, Nicola worked for the Office of the Director of Public Prosecutions (Qld) and in the Advocacy Unit at Crown Law. Nicola also gained commercial litigation experience at a specialist property and litigation firm before joining Maddocks in 2005.
Nicola currently practises in the local government, planning and environment field. She also appears in liquor licensing matters and at the Victorian Commission for Gambling Regulation.
Nicola lectures in health and environment law at Swinburne University and teaches statutory planning at RMIT.
Liability limited by a scheme approved under Professional Standards legislation.
Nicola is currently acting as junior counsel for Volunteer Fire Brigades Victoria, the CFA volunteer firefighters representative association, in the 2009 Victorian Bushfires Royal Commission.
David has a broad Commercial practice involving both Trial and Appellate work. David's practice involves him appearing and advising in many aspects of the law. He provides a methodical and personal approach in assisting clients in reducing the impact of litigation by managing the matter in a positive and practical way.
From 16/07/2009, Liability limited by a scheme approved under Professional Standards Legislation.
Tim Connard is a specialist in commercial mediation with over two decades’ experience. He began his mediation career at the Federal Court of Australia in 2001 and now practises exclusively as a mediator.
Tim's approach is practical, principled, and highly attuned to the commercial and personal dynamics of each dispute. He is valued for his ability to put people at ease and create a calm, constructive environment for negotiations and is known for his patience and persistence.
Accreditation and recognition
Tim has been recognised as a Leading Mediator in Victoria by Doyle’s Guide every year since the list began. He holds advanced accreditation with both AMDRAS and the Victorian Bar, and has completed advanced mediation training at the Harvard Negotiation Institute’s Program on Negotiation and Bond University’s Dispute Resolution Centre.
In 2024, he was appointed a Distinguished Fellow of the International Academy of Mediators.
Career background
Tim's career has spanned private practice, in-house counsel roles, and judicial-adjacent functions. His prior roles include: Sessional Member, VCAT (2016-2020); Registrar, Federal Court of Australia (2001-2007); Senior Legal Counsel, ANZ Banking Group (1998-2001); Barrister (1994-1998; as well as 2007-present); Solicitor, private practice (1990-1994)
As a Federal Court Registrar, Tim conducted mediations in the Court's major jurisdictions -trade practices matters, intellectual property and company litigation, insolvency cases, human rights, workplace, and general commercial disputes. While at the Court, he also co-developed and delivered mediation skills training for judges and lawyers in the South Pacific, while mentoring new mediators and exercising delegated judicial powers.
At ANZ, Tim played a senior role in the bank's dispute resolution team, handling high-value and sensitive litigation, including frauds and other non-lending losses.
Areas of mediation
Tim mediates a wide spectrum of disputes, including commercial & corporate, banking & finance, professional negligence, workplace & employment, human rights & public law.
Testimonials
I found your thorough understanding of the issues and your calm and measured testing of our client’s case most refreshing. (Law firm partner)
You played a critical part in getting both sides to agree on an outcome, I felt you did this in a very down-to-earth and approachable way. Thank you for the way you engaged with me. (Mediation client)
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.