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  • Dylan Dexter

    Dylan practises in all areas of commercial law. In addition to his commercial practice, Dylan has experience in defamation law.

    Prior to coming to the Bar, Dylan was Associate to the Honourable Justice Niall (as his Honour then was) in the Court of Appeal of the Supreme Court of Victoria. Before that, Dylan worked as a solicitor in the Media team at MinterEllison.

    As a solicitor, Dylan was a representative of the respondents in defamation proceedings brought by Ben Roberts-Smith in the Federal Court of Australia. The respondents successfully established substantial and contextual truth defences in a 110-day trial (Roberts Smith v Fairfax Media Publications Pty Ltd (No 41) [2023] FCA 555, subject to appeal).

    Dylan holds a Bachelor of Laws (First Class Honours) and Bachelor of Commerce from Monash University, and a Master of Laws (First Class Honours) from the University of Cambridge, from which he graduated ninth in his class.

    Dylan read with Sandip Mukerjea. His senior mentor is Dr Matt Collins AM KC.

    Matters in which Dylan has been briefed include:

      • Re CD [2024] VSC 456 (led by Elizabeth Bennett SC, now the Honourable Justice Bennett, with Robert Marsh)
      • Deeming v Pesutto [2024] FCA 1430 (led by Dr Matt Collins AM KC, with Toby Mullen and Holly Jager)
      • Williamson, Williamson v Recorder of Titles [2025] TASSC 9 (with Georgia Berlic)


    Liability limited by a scheme approved under Professional Standards legislation.

  • Follett Matthew

    Matthew is a leading industrial relations and employment barrister with extensive experience acting for many of Australia's largest companies in all jurisdictions. Matthew has a national practice and appears for clients across Australia in all areas of industrial and employment law, including an extensive appellate practice.

    Matthew has particular experience in the building and construction, infrastructure, maintenance and engineering, mining, oil and gas, airlines, maritime, stevedoring, vehicle and the metal/electrical trades industries, as well as with a broad range of State and Federal Government agencies and instrumentalities.

    Before joining the Bar in 2008, Matthew was a Senior Associate at Freehills (now Herbert Smith Freehills) in its Employee Relations Group. Matthew spent 2003 as Associate to Senior Deputy President Cartwright of the Australian Industrial Relations Commission, based in Sydney.

    Matthew was named as preeminentin the category of Junior Counsel in the Doyle's Guide, Leading Employment & Industrial Relations Barristers Melbourne 2016 and in the Leading Employment and WHS Barristers - Melbourne 2017.

    Major cases include:

    High Court of Australia

    Esso Australia Pty Ltd v AWU; AWU v Esso Australia Pty Ltd [2016] HCATrans 311

    Full Court of the Federal Court of Australia

    CFMEU v ABCC [2016] FCAFC 184

    Qube Ports Pty Ltd v McMaster [2016] FCAFC 123;

    Regional Express Holdings Ltd v AFAP [2016] FCAFC 147

    Australian Mines and Metals Association Inc v Maritime Union of Australia [2016] FCAFC 71; (2016) 242 FCR 210

    Esso Australia Pty Ltd v Australian Workers’ Union [2016] FCAFC 72; (2016) 258 IR 396;

    ABCC v CFMEU [2016] FCAFC 169

    Maritime Union of Australia v Fair Work Commission [2015] FCAFC 56; (2015) 230 FCR 15;

    CFMEU v Director of the FWBII [2014] FCAFC 101; (2014) 225 FCR 210;

    State of Victoria v CFMEU [2013] FCAFC 160; (2013) 218 FCR 172;

    ABCC v McConnell Dowell Constructors (Aust) Pty Ltd [2012] FCAFC 93; (2012) 203 FCR 345;

    JJ Richards & Sons Pty Ltd v FWA [2012] FCAFC 53; (2012) 201 FCR 297;

    Australian Industry Group v FWA (No 2) [2012] FCAFC 138; (2012) 228 IR 68

    Australian Industry Group v FWA [2012] FCAFC 108; (2012) 205 FCR 339;

    Federal Court of Australia

    Australian Building and Construction Commissioner v AMWU and Ors (The Australian Paper Case) [2017] FCA 167

    Australian Building and Construction Commissioner v CFMEU and Ors (The Kane Constructions Case) [2017] FCA 168

    Simpson v Secretary, Department of Employment [2017] FCA 9

    Director of the FWBII v CFMEU (No 2) [2016] FCA 436;

    Director of the FWBII v CFMEU (The Yarra’s Edge Case) [2016] FCA 772

    Regional Express Holdings Ltd v AFAP [2016] FCA 367

    Murdoch University v NTEIU [2016] FCA 1151

    Qube Ports Pty Ltd v McMaster [2016] FCA 59;

    IEUA v Australian International Academy of Education Inc [2016] FCA 686;

    IEUA v Australian International Academy of Education Inc [2016] FCA 140;

    Director of the FWBII v CFMEU (No 2) (The Red & Blue Case) [2015] FCA 1462

    Director of the FWBII v CFMEU (The Red & Blue Case) [2015] FCA 1125; (2015) 254 IR 200

    McMaster v Qube Ports Pty Ltd [2015] FCA 1385; (2015) 331 ALR 439

    Esso Australia Pty Ltd v AWU [2015] FCA 758; (2015) 253 IR 304

    Australian Mines and Metals Association Inc v MUA [2015] FCA 677; (2015) 251 IR 75

    Director of the FWBII v CFMEU [2015] FCA 47; (2015) 323 ALR 294

    Director of the FWBII v CFMEU [2014] FCA 1373;

    Director of the FWBII v CFMEU [2014] FCA 770;

    Dickson v Downer EDI Works Pty Ltd (No 2) [2014] FCA 1329;

    Dickson v Downer EDI Works Pty Ltd [2014] FCA 1134;

    Kwefio-Okai v Australian College of Natural Medicine Pty Ltd (No 2) [2014] FCA 1124;

    Kwefio-Okai v Australian College of Natural Medicine Pty Ltd [2014] FCA 854;

    AMWU v Visy Packaging Pty Ltd (No 3) [2013] FCA 525; (2013) 216 FCR 70

    CFMEU v Mammoet Australia Pty Ltd (No 2) [2012] FCA 1404; (2012) 209 FCR 123

    CFMEU v Mammoet Australia Pty Ltd [2012] FCA 850; (2012) 206 FCR 135

    CJ Manfield Pty Ltd v CEPU [2012] FCA 253;

    Helal v McConnell Dowell Constructors (Aust) Pty Ltd (No 3) [2011] FCA 1344; (2011) 285 ALR 281

    Helal v McConnell Dowell Constructors (Aust) Pty Ltd [2010] FCA 1462; (2010) 193 FCR 213

    Telstra Corporation Ltd v CPSU [2008] FCA 1421

    Full Bench of the Fair Work Commission

    Bristow Helicopters Australia Pty Ltd v AFAP [2017] FWCFB 487;

    MUA v MMA Offshore Logistics Pty Ltd [2017] FWCFB 660

    United Voice v MSS Security Pty Ltd [2017] FWCFB 651;

    Qantas Airways Ltd v Dawson [2017] FWCFB 41;

    MMA Offshore Vessel Operations Pty Ltd v MUA [2016] FWCFB 3957

    Australian Taxation Office v Shamir [2016] FWCFB 4185; (2016) 261 IR 176

    Groote Eylandt Mining Company Pty Ltd v CFMEU [2016] FWCFB 2432

    CFMEU v Fair Work Commission [2016] FWCFB 2262; (2016) 261 IR 1

    Lloyd & Co Pty Ltd v Suttie [2016] FWCFB 144; (2016) 257 IR 1

    Kentz (Australia) Pty Ltd v CEPU [2016] FWCFB 2019;

    SSX Services Pty Ltd v AWU [2015] FWCFB 3964; (2015) 250 IR 377

    CEPU v Utilities Management Pty Ltd [2015] FWCFB 3240;

    Esso Australia Pty Ltd v AWU [2015] FWCFB 210;

    Re Maritime Union of Australia [2014] FWCFB 1973; (2014) 241 IR 216;

    RACV Road Service Pty Ltd v AMWU [2014] FWCFB 1629;

    Parks Victoria v AWU [2013] FWCFB 950; (2013) 234 IR 242

    Re GJE Pty Ltd [2013] FWCFB 1705; (2013) 232 IR 10;

    NTEIU v Monash University [2013] FWCFB 5982

    Full Bench of Fair Work Australia

    CJ Manfield Pty Ltd v CEPU [2012] FWAFB 3534; (2012) 222 IR 457

    FWA v Schweppes Australia Pty Ltd [2012] FWAFB 7858; (2012) 226 IR 236;

    CEPU v CJ Manfield Pty Ltd [2011] FWAFB 6845; (2011) 213 IR 389

    Australian Industry Group v ADJ Contracting Pty Ltd [2011] FWAFB 6684; (2011) 213 IR 165

    CFMEU v Moyle Bendale Timber Pty Ltd [2011] FWAFB 6761; (2011) 213 IR 157

    Ballarat Truck Centre Pty Ltd v Kerr [2011] FWAFB 5645; (2011) 212 IR 277;

    JJ Richards & Sons Pty Ltd v TWU [2011] FWAFB 3377; (2011) 210 IR 231;

    Technip Oceania Pty Ltd v Tracey [2011] FWAFB 6551;

    Barton v GM Holden Ltd [2011] FWAFB 7604;

    Webb v RMIT University [2011] FWAFB 8336

    Coles Group Supply Chain Pty Ltd v National Union of Workers [2011] FWAFB 2425; (2011) 208 IR 44

    Ziogas v Telstra Corporation Ltd [2010] FWAFB 2664; (2010) 195 IR 286;

    Liability limited by a scheme approved under Professional Standards Legislation.

  • Forsyth Fiona

    Fiona took silk in 2018. Prior to signing the Bar roll, Fiona was a senior associate in litigation at Allens Linklaters (where she also undertook her articles). Fiona is also admitted to the New York Bar and from 2001- 2003 worked as a litigator in New York (at Milbank Tweed Hadley & McCloy LLP and Morrison Cohen LLP) where she appeared in US State and Federal Courts.

    Fiona's practice is largely in the areas of commercial law, competition and consumer law, media law, contempt of court and class actions. Fiona is currently briefed in a number of class actions in the Victorian Supreme Court. She recently appeared on behalf of the Plaintiff in the 5 month trial of a proceeding against Bayer Australia Ltd (and others) in relation to the female contraceptive device Essure. She successfully led her team in the G8 securities class action to obtain the first group costs order in Victoria. She was also appointed by the Federal Court as contradictor in the settlement of the Robodebt class action. Fiona acted for the Plaintiff in the Manus Island class action and in the Black Saturday bushfires class action (Murrindindi). She has also regularly acted for the ACCC in both consumer and competition matters. A sample of cases in which she has appeared in a variety of jurisdictions in a variety of practice areas is set out below. Fiona also has extensive experience undertaking regulators' examinations, as counsel assisting in inquiries and in advisory work.

    Fiona was awarded a First Class Honours degree in law from the University of Melbourne in 1998. She also undertook a semester of her law degree with a scholarship to the Universite Jean Moulin in Lyon, France in 1995. She speaks fluent French.

    In 2022 and 2023, Fiona was listed as one of the leading class actions senior counsel in Doyles Guide. In 2011 Fiona received the Victorian Bar Pro Bono Public Interest/Justice Innovation Award (with Ron Merkel QC and Kris Walker).


    Commercial, Competition and Consumer Law

    ACCC v Lactalis Australia Pty Ltd [2022] FCA 1087; [2023] FCA 839 (breaches of the Dairy Code)

    ACCC v Uber B.V. [2022] FCA 1466 (false and misleading representations with respect to price and cancellation policies)

    ACCC v Mercedes Benz Australia/Pacific Pty Ltd [2022] FCA 1059 (failure to comply with recall notice relating to Takata airbags)

    ACCC v Sumo Power Pty Ltd [2021] FCA 712 (misleading and deceptive conduct in the sale of electricity retailing services)

    ACCC v Informed Sources Pty Ltd (2017)(collation and dissemination of petrol pricing data)

    ACCC v Coles Supermarkets Pty Ltd [2014] FCA 634(misleading and deceptive advertising - "Baked Today Sold Today")

    ACCC v Singtel Optus Pty Ltd [2011] FCA 87 (misleading and deceptive advertising - "Unlimited" broadband)

    ACCC v SMS Global Pty Ltd [2011] FCA 855 (misrepresentation of government endorsement)

    Commissions of Inquiry / Investigations

    Hotel Quarantine Inquiry (2020) - acting for Department of Transport

    ACCC Petrol Pricing Inquiry (2007) - counsel assisting (with Neil Young QC and Simon Marks QC)

    Independent Broad-based Anti-corruption Commission (various dates) - acting for various individuals in a number of confidential matters

    ACCC Investigations (various dates) - briefed as counsel assisting in various ACCC investigations into proposed mergers and acquisitions

    ASIC Investigations (various dates) - acting for various individuals in a number of confidential matters

    Class Actions

    Prygodicz v Commonwealth (no 2) [2021] FCA 634 (contradictor - settlement approval of claims relating to Robodebt scheme)

    Turner v Bayer Australia Ltd (ongoing)(negligence and ACL claims relating to the Essure contraceptive device)

    Allen v G8 Education Limited (ongoing)(securities class action - misleading and deceptive conduct and breach of continuous disclosure obligations)

    Stallard Pty Ltd v Treasure Wine Estates Limited (ongoing)(securities class action - misleading and deceptive conduct and breach of continuous disclosure obligations)

    Brown v State of Victoria (ongoing)(class action - claims of battery and assault and seeking declarations pursuant to the Victorian Charter of Human Rights and Responsibilities on behalf of environmental protestors sprayed with oleoresin capsicum spray by police officers)

    Kamsaee v Commonwealth [2017] VSC 537 (claims of negligence and false imprisonment on behalf of persons detained on Manus Island)

    Rowe v Ausnet Electricity Services Pty Ltd [2015] VSC 232 (claims of negligence in relation to the Murrindindi Black Saturday bushfire)

    Pathway Investments Pty Ltd v National Australia Bank Ltd [2012] VSC 625 (securities class action - failure to disclose to market exposure to collateralised debt obligations)

    Contempt of Court

    R v Slaveski [2015] VSC 400

    R v Derryn Hinch [2013] VSC 520 (sub judice contempt and suppression order)

    Allen v R [2013] VSCA 44 (appeal - failure to give evidence)

    R v Slaveski [2012] VSCA 48 (appeal - contempt in the face of the court)

    Zukanovic v Magistrates' Court at Moorabbin (2011) 32 VR 216 (contempt in the face of the court)

    R v ABC [2007] VSC 498 (suppression order)

    R v Nationwide News Pty Ltd [2006] VSC 420 (sub judice contempt)

    Whistleblower Cases

    IOOF v Maurice Blackburn [2016] VSC 311 (privilege dispute - confidentiality in whistleblower documents)

    Smith v Victoria Police [2012] VSC 374 (appeal- application of confidentiality provisions to whistleblower discovery)

    Owens v University of Melbourne [2008] VSC 174 (interplay between Whistleblower Protection Act and Accident Compensation Act.

    Constitutional

    Roach v Electoral Commissioner (2007) 233 CLR 162 (Constitutional - prisoner voting)

    Rowe v Electoral Commissioner (2010) 243 CLR 1 (Constitutional - closure of electoral roll)

    Other

    Moriarty v Independent Commissioner Against Corruption (NT) [2022] NTSC 46 (judicial review of findings of the NT ICAC)

    Setka v Dalton (2021) (malicious prosecution and false imprisonment in relation to events which took place in the course of an industrial dispute between the CFMEU and Boral Ltd)

  • Dowling Tim

    Tim specialises in corporate and commercial law, insolvency, trusts and workplace relations. He regularly advises and appears for clients in commercial disputes concerning oppressive conduct within company management, directors' duties, voidable and insolvent transactions, fiduciary obligations, restraints of trade, employment contracts and the statutory rights of employees and employers. Tim has worked closely with leading Senior Counsel in a variety of large-scale litigation in superior and appellate courts but is also just as comfortable appearing unled in all jurisdictions.

    Tim has a Masters from the University of Melbourne, in which he focussed on insolvency, taxation, corporate governance and unjust enrichment. In 2009-2010 he was Associate to the Honourable Justice Jessup at the Federal Court of Australia.

    He is a member of the Commercial Bar Association and the Industrial Bar Association.

    From 16 May 2013, liability limited by a scheme approved under Professional Standards legislation.

  • Elias Nick

    Nick practises in commercial, administrative and common law.

    Nick completed a JD at Melbourne University and in 2011 completed a BCL at the University of Oxford as a recipient of an Allan Myers Melbourne University Scholarship.

    Before coming to the Bar, Nick was an associate to the Honourable Chief Justice Warren AC and to the Honourable Justice Osborn at the Supreme Court of Victoria. As an associate, Nick worked on a broad range of commercial, administrative law and common law matters, predominately in the Court of Appeal. Prior to this, Nick completed his graduate training at Herbert Smith Freehills and worked as a solicitor in the firm's dispute resolution group.

    Nick read with Anthony Strahan QC and his senior mentor was Michael Wheelahan QC (now Justice Wheelahan).

    From 30 Oct 2015, liability limited by a scheme approved under Professional Standards legislation.

  • Fowler Norman S.

    Counsel has many years of experience as a Barrister at the Victorian Bar. Areas of practice include Personal Injuries, VCAT, Medical Negligence, and Product Liability. Counsel is an accredited mediator.

  • Ellyard Rachel

    Rachel practises in civil and administrative law.

    She acts both for and against government agencies and departments in a wide range of administrative law areas including discrimination, privacy, Freedom of Information, victims of crime, licensing, and local government governance.

    She has is regularly briefed in disciplinary matters on behalf of regulatory bodies including AHPRA and on behalf of witnesses and agencies in relation to subpoenas and public interest immunity claims.

    Rachel also has extensive experience in international commercial arbitration and a growing practice in civil litigation in the County and Supreme Courts, including tort claims.

    Rachel was a contributor to the Civil Procedure Act legislative guide.

  • Joshua Forrest

    Josh practises primarily in commercial and public law.

    Before coming to the Bar, Josh was Associate to Justice McLeish of the Victorian Court of Appeal. Before that, he was Associate to Justice Elliott of the Supreme Court of Victoria.

    Earlier, he practiced as a solicitor in the dispute resolution team at Arnold Bloch Leibler.

    Josh holds a Bachelor of Arts and a Juris Doctor from the University of Melbourne, where he lectures in public and constitutional law.

    Josh's senior mentor is Philip Solomon KC. He read with Shaun Gladman SC and Kateena O’Gorman SC.

    Liability limited by a scheme approved under Professional Standards Legislation.

  • Harris Greg

    Acknowledged by Doyle's as one of Australia's leading senior counsel in arbitration, construction and infrastructure and by The Legal 500 Asia Pacific as a Tier 1 Leading Commercial Silk in Australia : “ A razor-sharp legal mind, gets to the core of the issues immediately and identifies important legal points that can sometimes sit in the background. Committed to the client. “

    General Experience:

    Fellow of the Chartered Institute of Arbitrators (London) (CIArb, FCIArb).

    Articles at Freehill Hollingdale & Page: 1989.

    Practiced thereafter at Freehills until coming to the Bar in 1994.

    Principal areas of practice: commercial; insolvency; banking; company; equity; administrative; revenue; major building and construction; Oil and Gas; major torts.

    Co-author of "Doing Business in Australia": Mathew Bender and "Halsbury's Laws of Australia" Title on Mortgages: Butterworths and author of various articles.

    Lecturer equitable remedies Master of Laws Melbourne University.

    Tutor in Trust Law Monash University.

    Chair of the Bar's Victorian Commercial Arbitration Scheme (VCAS) Committee, Chair of the Bar’s (International and Domestic) Arbitration Committee and member of the Bar's Alternative Dispute Resolution Committee.

    Group Proceedings:

    • Domino’s Group Proceeding (wage underpayment claim) for Domino’s as defendant
    • Manus Island refugee group proceeding for G4S as defendant
    • killmore - mickleham bushfire class action for Homewood Consulting as defendant
    • Australian Olives group proceeding (managed investment scheme) for the defendant
    • Concept Sports group proceeding (misleading prospectus and market non-disclosure) for the defendant
    • Deakin Finacial Services group proceeding (westpoint financial product litigation) for the defendant
    • Melbourne Market Authority group proceeding (tenants of Melbourne markets) for the defendant
    • Centro group proceeding (market non-disclosure) for a defendant
    • T-Systems Australia group proceding (product liability) for the defendant
    • MUA v Patricks group proceeding for a director defendant
    • Longford Gas explosion group proceeding for Esso as defendant

    Arbitrations

    For Saipem in relation to $2Bil design and construction dispute of Oil and Gas facility.

    For China Petrochemical Corporation (Sinopec) in relation $180m dispute in respect of a floating storage and off loading facility.

    For APC Marine in relation to $40m arbitration in respect of a salvage claim.

    For Woodside Petroleum in relation to a dispute over a drilling rig.

    For Generation Victoria (formally Gas & Fuel Corporation of Victoria) against ESSO and BHPP in relation to the pass on of Petroleum Resource Rent Tax.

    For SECV against Esso and BHPP in relation to the pass of Petroleum Resource Rent Tax

    For Esposito Holdings in a $70m sale of business dispute with a Chinese purchaser.

    For Origin Energy in a $26m in a delay and disruption claim relating to oil and gas drilling program.

    For Praemium Limited in relation to a $7m software development claim against a Chinese bank

    Other Major Litigation:

    For Lanco Infratech Ltd and Griffin Coal against Perdaman Chemicals and Fertilisers in relation to $3.5 bil claim arising out of a coal supply agreement.

    For Apache Fertilisers against Oswal in relation to a $500m claim arising out of a share sale agreement.

    For Apache Energy Ltd and Apache Northwest Pty Ltd against Alcoa in relation to $180m claim arising out of a failure to supply gas.

    For Apache Energy Ltd in relation to litigation and investigations arising out of an explosion at its Varanus Island facility in 2008 that disrupted 35% of Western Australia’s supply of gas.

    For TDK Sports Taekwondo in relation to a dispute as to its membership of the Australian Olympic Committee, International Olympic Committee and the World Taekwondo Federation.

    For BHP Billition (Bass Strait) Pty Ltd against the Commissioner of Taxation in relation to the assessment of Petroleum Resource Rent Tax.

    For Lloyds of London in relation to various insurance disputes.

    For the Legal Professional Practice Board in relation to professional negligence claims made against solicitors.

    For insurers of Australian Financial Services License holders against various claims made by their clients.

    For TAB Corp in relation to a dispute with the Victorian Racing Authority and Greyhound Racing Victoria over licensing fees.

    For Lake Oil Ltd in relation to a dispute with the Victorian Government over a retention lease.

    For JM Kelly (Project Builders) Ltd in a $50m construction dispute with the Toga Hotel group.

    For Gas & Fuel Corporation of Victoria against a subsidiary of Hudson Conway Ltd. in relation to the termination of the contract to build a new head office building for the Gas & Fuel Corporation, damages claim $150M.

    For Pacific Dunlop Limited against Maxitherm Boilers Pty Ltd in relation to the explosion of autoclave which destroyed a Pacific Dunlop factory in Bayswater.

    For Nichicon (Singapore) Pty Ltd against Pacific Dunlop Limited in relation to the supply of components for 50,000 emergency lighting units supplied between 1984 and 1988.

    For Gascor against Mr. Ellicott in relation to a dispute relating to the removal of Mr. Ellicott as an arbitrator in an arbitration between Gascor, Esso and BHPP.

    For the Tobacco Institute of Australia against Mrs. Cremona in litigation related to a claim that tobacco caused her emphysema.

    For Kvaerner Ltd. against John Holland Construction in a $13M dispute in relation to the design of a floating storage and off-loading facility known as the Cossack Pioneer operating off the coast of Western Australia.

    For Telstra against QAI and Southern Cross Telco, in a $50M dispute related to the provision of wholesale telecommunication services to resellers in Australia.

    For Lurgi against Austa Queensland in relation to a $5M dispute related to the construction of a Queensland power station.

    For the Commissioner of Taxation in relation to a dispute with a taxpayer as to the collapse and repatriation of $2.3Bil of offshore income to Australia.

    For the Commissioner of Taxation against ANZ Banking Group Ltd. in relation to a $90M assessment of a scheme involving the sale of annuities to obtain a tax benefit. The dispute ultimately resolved by the High Court.

    For Coles Myer Ltd. in relation to a dispute with Bryan Quinn involving the breach of his duties as a director to the company and the misuse of company assets.

    For Southern Energy (Shajiao C) Ltd. in a US$610M dispute with Alstrom Power Plant Ltd., Slipform Engineering Ltd. and CE International China Inc. in Hong Kong that related to the construction of a power station in Guandgong province in the Peoples Republic of China.

    For the consortium that acquired the Loy Lang A power station in Victoria against the Commissioner of Taxation in a dispute involving the taxation of the $750M sale and leaseback structure used to acquire part of the power station.

    For Christopher Corrigan and Robert Dunn, both directors of Patrick Stevedore, in a dispute with the Maritime Workers Union that related to the restructuring of the stevedoring businesses controlled by Patricks.

    For Patricks Stevedore in a dispute with the International Transport Workers Federation in England in relation to the international black banning of ships that used Patrick Stevedoring’s services in Australia.

    For Department of Premier and Cabinet and the Department of Justice that related to various freedom of information applications to obtain documents in matters, including:

    • the reorganisation of the Office of the Director of Public Prosecutions in Victoria;
    • the Privatisation of the provision of ambulance services in Victoria by Intergraph;
    • the privatisation of the prison system in Victoria;
    • the privatisation of the provision of community services in Victoria;
    • the incentive payments made to the permanent secretaries to the departments of the Victorian government;
    • the introduction of automated ticketing systems for public transport in Victoria.

    For Esso in relation to events following an explosion and fire at the Longford Plants in Victoria in September 1998, which supplied 97% of Victoria's needs for natural gas, including acting at:

    • the Coroner's inquest into the death of workers caused by the fire;
    • the Royal Commission in the Incident;
    • the class action against Esso Australia Ltd: Claim $3 Bil.
    • For Southern Energy Hong Kong against Clifford Chance in the High Court, London in relation to a US$90M for professional negligence.
    • For TBI Pty Ltd the supplier of plant to co-generation facilities at Victoria Public Hospitals in relation to a dispute
    • with Fletcher Construction the D&C contractor in respect of a $140mil claim;
    • with its insurers in respect of that claim
    • with its broker in respect of that claim.

    For Mirant Asia-Pacific in a dispute with Ove Arup & Partners (Hong Kong) Ltd in Hong Kong and in the High Court in London for a US$62 claim in relation to the Sual Power Station in the Republic of the Philippines.

    For Transfield Pty Ltd and Obayashi Corporation for a $200 mil dispute as against the designer's of the tunnels involved in the City Link Project.

    For the Victorian Department of Infrastructure in a dispute with Multiplex for a $7 mil claim that related to the Victorian Net Ball Centre.

    For Coles Myer Ltd in a dispute with a former director, Miller, in relation to $11 mil wrongful dismissal claim.

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

  • Gladman Shaun

    Shaun Gladman KC practises in common law, insurance law, employment law, and public and administrative law. He specialises in appeals, applications for judicial review, and complex cases involving the operation of the Victorian and interstate accident compensation schemes.

    Since 2018, Shaun has been recognised annually in Doyle's Guide to the "Best Barristers" in Victoria.

    Shaun holds honours degrees in law and science (mathematics and physics) from the University of Melbourne.

    A select list of appeal cases is set out below.

    High Court of Australia:

    Deal v Kodakkathanath (2016) 258 CLR 281 (led by Michael Wheelahan QC)

    Keay v Metro Trains Melbourne Pty Ltd [2024] HCASL 16

    Munday v St Vincent's Hospital Ltd [2021] HCASL 194 (led by Jeremy Ruskin QC)

    Reading v TTB SMS Pty Ltd [2021] HCASL 8 (led by James Gorton QC)

    Flowline Industries Pty Ltd v Aycicek [2019] HCASL 214 (led by Stephen O'Meara QC)

    Southern Colour (Vic) Pty Ltd v Parr [2018] HCASL 73 (led by Bret Walker SC)

    Full Court of the Federal Court of Australia:

    Australian Mines & Metals Association Inc v Construction, Forestry, Maritime, Mining and Energy Union (2018) 268 FCR 128 (led by Stuart Wood QC)

    Rogers v MHM Metals Ltd [2015] FCAFC 67 (led by Michael Wheelahan QC)

    Victorian Court of Appeal:

    Juma v Kone Elevators Pty Ltd [2024] VSCA 217

    Milonas v Monash Health [2024] VSCA 57 (with Michelle Britbart KC)

    Metro Trains Melbourne Pty Ltd v Keay (2023) 327 IR 184; [2023] VSCA 223

    Garrett v Victorian WorkCover Authority (2023) 325 IR 244; [2023] VSCA 144 (led by Michelle Britbart KC)

    Stevens v DP World Melbourne Ltd [2022] VSCA 285 (led by Paul O'Grady KC)

    Foursquare Construction Management Pty Ltd v Victorian WorkCover Authority (2022) 68 VR 415 (led by Philip Solomon KC)

    Bersee v Victoria (2022) 70 VR 260 (led by Michelle Britbart KC)

    Griffiths v Nillumbik Shire Council [2022] VSCA 212

    SMYBB Pty Ltd v Young [2022] VSCA 115 (led by Philip Solomon QC)

    Lloyd v Healthscope Operations Pty Ltd [2021] VSCA 327 (led by Paul O'Grady QC)

    Jack Bishop Pty Ltd v Trespa Holdings Pty Ltd [2021] VSCA 275

    Victorian WorkCover Authority v Brassington [2021] VSCA 236

    Munday v St Vincent's Hospital Ltd [2021] VSCA 170 (led by Jeremy Ruskin QC)

    Museums Victoria v Susnjara [2021] VSCA 166

    Victorian WorkCover Authority v Papaconstantinou [2021] VSCA 145 (led by Jeremy Ruskin QC)

    McKenzie v Healthscope Operations Pty Ltd [2020] VSCA 309 (led by Stephen O'Meara QC)

    TTB SMS Pty Ltd v Reading [2020] VSCA 203 (led by James Gorton QC)

    Schembri v Victoria [2020] VSCA 145 (led by Stephen O'Meara QC)

    Micheli v Khoushaba (2020) 92 MVR 133; [2020] VSCA 128 (led by Jeremy Ruskin QC)

    Transport Accident Commission v Murdoch (2020) 92 MVR 1; [2020] VSCA 98 (led by James Gorton QC)

    Apps v Victorian WorkCover Authority [2020] VSCA 21 (led by Stephen O'Meara QC)

    Yeung v Santosa Realty Co Pty Ltd (2020) 60 VR 161; [2020] VSCA 29 (led by Jeremy Ruskin QC)

    The Age Co Ltd v YZ (a pseudonym) (2019) 60 VR 189 (led by Stephen O'Meara QC)

    Stephens v Transport Accident Commission (2019) 90 MVR 152; [2019] VSCA 234 (led by Stephen O'Meara QC)

    Cardoso v Staff Australia Payroll Services Pty Ltd [2019] VSCA 139 (led by Stephen O'Meara QC)

    Jovceva v Transport Accident Commission (2019) 88 MVR 323; [2019] VSCA 105 (led by Stephen O'Meara QC)

    Yilmaz v Specialty Fashion Group Ltd [2019] VSCA 100 (led by James Gorton QC)

    Weldemichael v ID Sales & Repairs Pty Ltd [2019] VSCA 68 (led by James Gorton QC)

    Sheridan v Victorian WorkCover Authority [2019] VSCA 54 (led by Stephen O'Meara QC)

    Aycicek v Flowline Industries Pty Ltd [2019] VSCA 37 (led by Stephen O'Meara QC)

    Radosavljevic v Residential Commercial Industrial Roofing Pty Ltd [2018] VSCA 337 (led by Philip Solomon QC)

    Tomasevic v Victoria [2018] VSCA 325 (led by Stephen O'Meara QC)

    Petrovic v Victorian WorkCover Authority [2018] VSCA 243 (led by Michael Wheelahan QC)

    Alegria v Transport Accident Commission (2017) 83 MVR 189; [2017] VSCA 379 (led by James Gorton QC)

    Southern Colour (Vic) Pty Ltd v Parr [2017] VSCA 301 (led by Michael Wheelahan QC)

    Victorian WorkCover Authority v BSA Ltd [2017] VSCA 276; [2017] VSCA 337 (led by Stephen O'Meara QC)

    Deal v Kodakkathanath [No 2] [2017] VSCA 193 (led by Michael Wheelahan QC)

    Connellan v Murphy [2017] VSCA 116 (led by Stephen O'Meara QC)

    Mitchell v Latrobe Regional Hospital (2016) 51 VR 581 (led by Stephen O'Meara QC)

    Poholke v Goldacres Trading Pty Ltd [2016] VSCA 232 (led by Michael Wheelahan QC)

    Zhang v Joy Foods Australia Pty Ltd [2016] VSCA 199 (led by Michael Wheelahan QC)

    Harris v DJD Earthmoving Pty Ltd [2016] VSCA 188 (led by Michael Wheelahan QC)

    Haidar v Transport Accident Commission (2016) 77 MVR 121; [2016] VSCA 182 (led by Stephen O'Meara QC)

    Kovacic v Transport Accident Commission (2016) 76 MVR 82; [2016] VSCA 139 (led by Michael Wheelahan QC)

    Ren v Linen & Moore Pty Ltd [2016] VSCA 116 (led by Michael Wheelahan QC)

    Wesfarmers Ltd v Lloyd [2016] VSCA 41 (led by James Gorton QC)

    Abbas v Transport Accident Commission (2015) 72 MVR 182; [2015] VSCA 217 (led by Stephen O'Meara QC)

    Govic v Boral Australian Gypsum Ltd (2015) 47 VR 430 (led by Michael Wheelahan QC)

    Casey v Transport Accident Commission (2015) 70 MVR 45; [2015] VSCA 38 (led by Jeremy Ruskin QC)

    Davidson v Transport Accident Commission (2015) 69 MVR 439; [2015] VSCA 12 (led by Jeremy Ruskin QC)

    Transport Accident Commission v Campbell (2015) 69 MVR 410; [2015] VSCA 7 (led by Jeremy Ruskin QC)

    Davies v Nilsen [2014] VSCA 278 (led by Jeremy Ruskin QC)

    Green v Emergency Services Telecommunication Authority [2014] VSCA 207 (led by Michael Wheelahan QC)

    Waterfall v Antony [2014] VSCA 44 (led by A Neill Murdoch SC)

    Lumley General Insurance Ltd v Port Phillip City Council [2013] VSCA 367 (led by Anthony Kelly SC)

    A Woodley Osteopathic Services Pty Ltd v Transport Accident Commission (2013) 46 VR 28 (led by Stephen O'Meara SC); [2014] VSCA 124 (unled)

    Phelan v Transport Accident Commission (2013) 65 MVR 427; [2013] VSCA 306 (led by Stephen O'Meara SC)

    Transport Accident Commission v Florrimell [2013] VSCA 247 (led by Robin Gorton QC)

    Alsco Pty Ltd v Mircevic [2013] VSCA 229 (led by Stephen O'Meara SC)

    Jones Lang Lasalle (Vic) Pty Ltd v Korlevski [2012] VSCA 305 (led by Michael Wheelahan SC)

    Aluthgamage v Select Care Personnel Pty Ltd (2012) 35 VR 494 (led by MIchael Wheelahan SC)


    From 27th October 2011, liability limited by a scheme approved under Professional Standards Legislation.

  • Gronow Michael

    Michael is the author of McPherson's Law of Company Liquidation, the co-author of Australian Bankruptcy Law and Practice, the joint editor of Australian Bankruptcy Cases (New Series) and the author of the sub-title, 'Compulsory Bankruptcy' in Laws of Australia. He has published journal articles in Australia and overseas on a range of topics including Insolvency, Arbitration, Intellectual Property, Equity, Professional Negligence, Trade Practices and Remedies.

    Michael is a Fellow of the Chartered Institute of Arbitrators, and has for some years lectured on commercial legal topics at the Leo Cussen Institute and the University of Melbourne. He is a Senior Fellow and the subject co-ordinator for Insolvency Law in the JD program at Melbourne Law School. He is a Member, of the Anglican Church Professional Standards Review Board (Victoria), a Member of the UMSU and GSA Electoral Tribunals and a Member of the AFSA Trustee Registration Committee. Before joining the Bar Michael was a Senior Associate at Blake Dawson Waldron practising in Commercial Litigation including Banking and Insolvency.

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

  • Griffith Gavan

    Gavan Griffith QC is counsel at the Australian and English (call at Lincoln’s Inn 1969) bars. He has over 30 years seniority holding 8 Commissions as Queen’s Counsel. He has had extensive practice as a commercial, constitutional and public international counsel, and since his return to private practice in 1998, has practiced principally from his London chambers, usually presiding as a member of international commercial and investment treaty dispute tribunals as Arbitrator.

    After 20 years in private practice, he held office for 14 years from 1984 as the Solicitor-General of Australia. As Australia’s Second Law Officer, and pleaded some 250 constitutional and other cases before the entire bench of the High Court of Australia, as ex officio the leader of the Australian bars. He also has appeared in other superior appeal courts, including Malaysia, Fiji, Solomon Islands, and in the Judicial Committee of the Privy Council.

    He was Agent and Counsel of Australia at the International Court of Justice in the several cases of Nauru v Australia, Portugal v Australia and the Nuclear Test Cases and also in two references by the WHA as to the legality of Nuclear Weapons.

    He also represented Australia at the General Assembly, including the 6th Committee, Australian delegate and sometime Vice-Chairman of UNCITRAL and to The Hague Conference 1984 to 1997 and recurrent terms as member and sometime Chairman of the ITELSAT Panel of Legal Experts, the Permanent Court of Arbitration, and other international bodies.

    In 1994 to 1995 he was seconded as Special Counsel to the United Nations, New York, to write a report, since implemented, for the reform of the legislative structure of the UN.

  • Gottschall Jon

    Jon has a commercial practice including intellectual property, competition and consumer protection law, marketing and regulatory compliance.

    Jon has a substantial background in matters involving technical issues and expert evidence. This includes intellectual property and matters involving regulatory or compliance issues such as consumer law, food regulation, veterinary and agricultural products and therapeutic goods. His practice includes building and construction and commercial disputes concerning the technical characteristics of goods or services.

    Jon has particular expertise in intellectual property including patents, trademark and related branding rights, copyright, design and confidential information. Jon practices in patent litigation and actions relating to copyright, trademark and trade secrets. He practices in opposition proceedings for patents and trademarks, opposition to amendments and non-use applications. He also practices in intellectual property licensing, commercialisation and franchising, both in the context of disputes and providing strategic advice for business development.

    He has advised clients in relation to consumer law issues, including, advertising, advertising disputes and scientific testing in relation to validating and challenging product claims. He has advised clients in relation to product development, packaging and labelling and in relation to nutritional, therapeutic, agricultural and veterinary products.

    Before joining the Bar, Jon was a Senior Associate in the Intellectual Property and Litigation department of Allens Arthur Robinson. His non-law training is mostly in the medical and life sciences but he has engineering exposure and works with most areas of science and technology. Jon has had a substantial engagement with a generic pharmaceutical client.

    Jon has worked on matters in the following areas:

    • Biotechnology
    • Molecular biology/genetics
    • Pharmaceuticals
    • Toxicology
    • Immunology/vaccines
    • Microbiology
    • Nutrition/foods
    • Chemistry
    • Chemical engineering/industrial chemistry
    • Electronics
    • IT/systems
    • Mineral processing/metallurgy
    • Mechanical engineering
    • Civil engineering
    • Agricultural products
    • Veterinary products
    • Therapeutic goods
    • Medical technology
    • FMCGs – cleaning; hygiene; functional products
    • Safety products
    • Solar technology
    • Product testing and claim validation

    Liability limited by a scheme approved under Professional Standards legislation.

  • Hannon Lisa


    Lisa has a trial and appellate practice in commercial law, public law and common law matters.

    She is a Vice President of the Victorian Bar. She is also an Advanced Mediator (VBAM), recognised in Doyles' Guide as a leading mediator in Victoria.

    Lisa has significant experience in disputes involving land and other property rights. She is regularly briefed in trials and appeals concerning the compulsory acquisition of interests in land (and other similar claims for compensation), and also in ratings and land tax challenges. She is recognised in Doyles' Guide as a leading Victorian planning and environment silk.

    Lisa also has a substantial professional liability practice, advising and appearing in significant professional negligence matters, and also in matters of regulation and discipline, particularly in appeals and applications for judicial review. She has served on the Victorian Legal Admissions Committee since 2018.

    Lisa has a keen interest in sports law. In November 2024, she was appointed to the St Kilda Football Club Integrity Committee. Lisa was a member of the AFL Tribunal Counsel panel in 2023 and 2024, regularly appearing at the AFL Tribunal and Appeal Board.

    Lisa is the immediate past Chair of the Victorian Bar Ethics Committee. Between 2020 and 2024, she served on the Legal Costs Committee as a representative of the Victorian Legal Services Board. In 2021-2022, Lisa was the Vice President Convenor of the Commercial Bar Association of Victoria.

    A more comprehensive CV, including details of more recent cases in which Lisa has appeared, can be accessed by clicking on the link in this profile.


    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.

  • Gorton Timothy

    Timothy accepts briefs in civil and commercial matters, including as a mediator.  He is a Reporter for the Victorian Reports.

    Before being called to the Bar, Timothy was a solicitor at MinterEllison (2014-17) in commercial litigation.  He was also Associate to the Honourable Justice Beach of the Federal Court of Australia (2017-18).

    Timothy is admitted to the degrees of Master of Laws (2022), Juris Doctor (2013), and Bachelor of Arts (2010) in the University of Melbourne, where he was an Editor of the Melbourne Journal of International Law (2013).  He read with Robert Craig KC.

    Published decisions

    • Re Sparkling Beverages Pty Ltd (No 2) [2023] VSC 419 - trial concerning whether contract formed in settlement of proceedings.
    • Re Sparkling Beverages Pty Ltd [2023] VSC 258 - application for trial of separate questions.
    • Re Iceland Cold Storage Australia Pty Ltd [2023] VSC 206 - trial concerning construction and performance of a deed of settlement.
    • GP Building Holdings Pty Ltd v Voitin [2022] VSCA 210 - appeal concerning standards of knowledge for "knowing receipt", and application of the rule in Briginshaw (special leave refused: [2023] HCATrans 82).
    • Mole v Mole [2021] VSC 752 - application for injunction in judicial advice proceedings for a deceased estate.
    • GP Building Holdings Pty Ltd v Voitin [2021] VCC 1487 - trial of "knowing receipt" claim.
    • Emma Tait Nominees Pty Ltd v Laprese [2020] VSC 508 - application concerning indemnity by the Registrar of Titles pursuant to s 110 of the Transfer of Land Act 1958 (Vic).
  • Freire Sergio

    Sergio Freire practises in commercial law. His practice encompasses general commercial, corporations, insolvency, equity and trusts, property, and banking and finance matters.

    Before joining the bar, Sergio practised as a commercial litigation solicitor for more than 12 years: at Ashurst Australia in Melbourne (2002-2012) and, before that, at Allens in Brisbane (2000-2002).

    A selection of cases in which Sergio has appeared can be seen in the Extended Biography tab (link above).

    Sergio holds a Bachelor of Commerce and Bachelor of Laws (Honours Class I) from the University of Queensland.

    He has been recognised by Best Lawyers in Australia.

    He is a member of the Executive Committee of the Commercial Bar Association.

    He is also a member of the ASIC Insolvency Practitioner Registration and Disciplinary Committee - Minister's Pool.


    From 25th Oct 2012, liability limited by a scheme approved under Professional Standards legislation.

  • Goldblatt Mark

    Practises extensively in Intellectual Property, Commercial Law and Mediation (both as mediator and counsel).

    Also practises in Property, Information Technology, Trade Practices, Communications Law and Entertainment areas as well as general commercial work including Contractual, Landlord and Tenant, Building, Property, Trusts, Securities, Probate, Corporations and also Immigration, Defamation and Industrial/Employment.


    From 09 Oct 2014, liability limited by a scheme approved under Professional Standards legislation.

  • Ihle Ben

    Ben has a broad practice advising and representing clients across diverse practice areas at both trial and appellate level. His main areas of practice cover tort, criminal, administrative and sports law.

    Experience

    Ben has particular expertise in managing large and complex litigation and significant inquests and inquiries.

    Tort and Professional Negligence

    • Ben's experience covers intentional torts, medical negligence and novel tort claims including those for pure economic loss and cases involving interplay between the common law and the Charter of Human Rights and Responsibilities Act 2006.
    • Many of his cases have involved complex issues surrounding duty of care and the application of the Limitation of Actions Act 1958.
    • He has particular interest in medico-legal matters.

    Criminal Law

    • He has appeared or both prosecution and defence in matters spanning homicides, drug trafficking and importation, terrorism, white collar and regulatory crime, complex fraud and in criminal test cases, at both trial and appeal levels.
    • He also acts in regulatory prosecutions, including extraditions, white-collar crime, alleged breaches of regulatory codes and in criminal proceedings related to the collapse of publicly-listed companies.

    Administrative and Regulatory Law

    • Ben’s experience covers judicial and merits review proceedings in superior courts, the Victorian Civil and Administrative Tribunal (VCAT) and before Boards of Inquiry.
    • He has experience in representing parties in investigations by the Independent Broadbased Anti-Coruption Commission (IBAC), Australian Crime Commission (ACC), Crime Misconduct Commission (Qld) (CMC) and Ombudsmen (including the CFOS).
    • Professional Disciplinary Matters: He regularly appears for health professionals in prosecutions and disciplinary proceedings commenced by the Legal Services Commissioner and the Australian Health Professions Regulation Authority (AHPRA).

    Sports Law

    • Ben is recognised internationally as a leading sports lawyer. Since 2015 he has received consistent recognition in the international and Australian editions of ‘Who’s Who Legal’; specifically he is "recommended" in the fields of Sports and Entertainment Law.
    • He regularly represents athletes and sporting associations domestically and internationally, in a variety of tribunals (including the FIFA Dispute Resolution Chamber, the AFL Tribunal and Appeals Board and before the Court of Arbitration for Sport).
    • He has expertise in advising clubs and sporting organisations in their legal and integrity structures, processes and other related issue.
    • He has appeared for athletes, for National Sporting bodies and for the Australian Sports Anti-Doping Authority (now Sport Integrity Australia).
    • He currently holds appointments with:
      • Cricket Australia - Counsel Assisting its Code of Conduct Commission;
      • National Basketball League - Tribunal Member;
      • Australian Olympic Committee - Olympic Selection Appeals Tribunal (Rio 2016 and Tokyo 2020 Games);
      • Australian Rules Football Players Association - Arbitration Panel;
      • Football Australia National Dispute Resolution Chamber.
    • Ben is a member of both the Australian and New Zealand Sports Law Association (ANZSLA) and the Sports Lawyers' Association (of America) (SLA).

    Inquests and Inquiries

    • Ben is experienced in high-profile and complex inquests and inquiries.
    • He was counsel assisting the 2020 Victorian COVID-19 Hotel Quarantine Inquiry.
    • Other examples include the inquests into the 2017 Bourke Street massacre, the deaths of Tyler Cassidy, Luke Batty, Terrence and Christine Hodson as well as the applications to set-aside the findings in relation to the deaths of Jennifer Ruth Tanner and Adele Bailey in respect of which he was counsel assisting the State Coroner.
    • He also appears in medico-legal inquests as well as those arising from deaths in suspicious circumstances, from police shootings, high-speed pursuits, and deaths in custody and care (including those related to medical care).

    Ben often acts on behalf of model litigants and is familiar with Model Litigant Principles, including the obligations of such and how they apply in practice.

    Past Experience (including Publications)

    Ben studied law following from his being awarded the John F. Kearney QC scholarship. Prior to that, Ben undertook studies in Science. He has lectured in areas of both Law and Science at undergraduate and postgraduate levels. His main areas of interest lie where Law and Science intersect.

    Ben has been published internationally: see "Anatomy of a Courtroom: A Legal Perspective" in Petherick, Turvey and Feruguson (Ed) (2009) Forensic Criminology (Elsevier Academic Press, Burlington, MA).

    Prior to coming to the Bar, Ben was a solicitor at the Victorian Office of Public Prosecutions.

    For its duration, Ben was the professional supervisor of the University of Melbourne's Innocence Project where he worked closely with students in reviewing cases of alleged Miscarriages of Justice.

    Memberships and Positions

    Ben is a member of the Criminal, the Commercial and the Common Law Bar Associations of Victoria.

    He is also a member of the Australian and New Zealand Sports Law Association (ANZSLA) and the Sports Lawyers' Association (of America) (SLA).

    Ben is a member of the Victorian Bar Readers Course Comittee, Chair of the Exam Standing Review Committee, Dever's List Committee and Deputy Chair of the Sports Law Section. He is a former member of the VicBar Pro Bono Committee.

    Ben is an Accredited by the Victorian Bar as Advocacy Instructor. He regularly coaches moots and presents in the Readers' Course.



    From 22 Apr 2010, liability limited by a scheme approved under Professional Standards legislation.

  • Hill-Smith Harry

    Harry practises primarily in commercial law.

    Before coming to the Bar, Harry was an Associate to the Hon. Justice McLeish at the Victorian Court of Appeal. He completed a Bachelor of Arts at the University of Sydney and a Juris Doctor at the University of Melbourne. Prior to studying for his Juris Doctor, Harry worked in London and Hong Kong trading Asian currency derivatives as a portfolio manager for a multi-billion-dollar hedge fund.

    He has also completed a MSc in Law and Finance at the University of Oxford, graduating with Distinction and receiving the South Square Prize for the highest mark in Corporate Insolvency Law. The MSc in Law and Finance combines subjects from the Bachelor of Civil Law course with subjects from Oxford's Saïd Business School.

    He is a co-author of Thomson Reuters's Federal Court Practice.

    Harry read with Dr Charles Parkinson KC and his senior mentor is David Batt KC.

    Recent Cases

    Re Richstone Plumbing Pty Ltd (in liq) – SCV: S ECI 2024 04285 – acting for the Defendant – defending a preference claim under s 588FE and s 588FF of the Corporations Act 2001 (Cth) – led by Dr Oren Bigos KC.

    Ding Yong v Song Lihua [2024] VSC 720 – acting for a judgment creditor resisting an application to set aside the registration of a Hong Kong judgment under s 7 of the Foreign Judgments Act 1991 (Cth) – unled.

    Monarch Tower Pty Ltd (in liq) v Sinoace Holdings Ltd [2024] FCA 716 – acting for the Respondents to a voidable transaction claim under s 588FE of the Corporations Act 2001 (Cth) – whether the proceeding should be summarily dismissed for failure by the liquidator to promptly serve – whether the failure to give notice of the s 588FF(3)(b) extension to a respondent meant that the claim was statute barred – led by Christopher Brown KC.

    Yellow Money Pty Ltd & Ors v Sottile & Ors – CCV: CI-24-06298, CI-24-05423, CI-24-06138 – acting for the Defendants – allegation that high-rates of monthly compound interest under a group of loans constitutes unconscionable conduct under the ASIC Act 2001 (Cth) or the Australian Consumer Law – unled.

    N. & U. Nominees Pty Ltd v Larobina – SCV: S ECI 2024 02809 – acting for the trustees and directors of the trustees – claim for rectification of a group of trust deeds – defending allegations that trustees acted for improper purposes, in bad faith, and without real and genuine consideration – defending allegation that transactions occurred without mental capacity – led by Ian Percy.

    Re Amoma SÀRL [2023] FCA 1232 and Re Amoma SÀRL (No 2) [2023] FCA 1379 – Recognition of a Swiss insolvency proceeding under the Cross-Border Insolvency Act 2008 (Cth) – acting for the Bankruptcy Office of the Canton of Geneva – led by Dr Oren Bigos KC.

    Tex Onsite Pty Ltd v Cornwalls (A Firm) – SCV: S ECI 2022 04677 – allegations of negligence and misleading or deceptive conduct in relation to companies’ entry into receivership – acting for the Second Defendant – led by Dr Oren Bigos KC. Interlocutory judgment:

    • Tex Onsite Pty Ltd & Ors v Cornwalls (a firm) [2024] VSC 93 – security for costs application.

    Re SLKALT Pty Ltd (in liq) [2024] VSC 250 – privilege claim in response to liquidators’ summons to produce documents – joint privilege, waiver and crime/fraud exception to privilege – acting for the liquidators – led by Dr Oren Bigos KC:

    AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd – FCA: VID 604/2021 – application to set aside subpoenas against non-parties and claims arising from those subpoenas for legal professional privilege, joint privilege, common interest privilege and parliamentary privilege – acting for the subpoenaed non-parties – led by Dr Oren Bigos KC.

    King v Linkage Access Ltd [2022] VSC 158 – common law recognition and enforcement of a United States Bankruptcy Court judgment in Australia – acting for the Plaintiffs – led by Dr Oren Bigos KC.

    King v Linkage Access Ltd – QSC: 4876/22 – application for an enforcement warrant against judgment debtor and for the sale and seizure of a luxury yacht – unled.

    Beecham Motors Pty Ltd v General Motors Holden NSC Australia Pty Ltd – SCV: S ECI 2020 04789 – class action by dealerships arising out of the retirement of the Holden car brand – acting for the Plaintiff and Group Members – led by Dr Charles Parkinson KC. Interlocutory judgments:

    • Beecham Motors Pty Ltd v General Motors Holden Australia NSC Pty Ltd (No 2) [2023] VSC 640 – application for settlement approval under s 33W of the Supreme Court Act 1986 (Vic), settlement sum confidentiality orders and regarding the construction of a settlement agreement.
    • General Motors Holden Australia NSC Pty Ltd v Beecham Motors Pty Ltd [2024] VSCA 177 – appeal concerning the construction of a settlement agreement.
    • Beecham Motors Pty Ltd v General Motors Holden Australia NSC Pty Ltd [2023] VSC 443 – application for particular discovery.
    • Beecham Motors Pty Ltd v General Motors Holden NSC Australia Pty Ltd [2021] VSC 855 – de-classing application under s 33N of the Supreme Court Act 1986 (Vic).

    Gecko Australia Pty Ltd v Montagnese – FCA: VID597/2021 – claims for misleading & deceptive conduct and breach of directors’ duties in relation to a business sale and earn-out period – acting for the Plaintiffs – led by Dr Oren Bigos KC. Interlocutory judgment:

    • Gecko Australia Pty Ltd v Montagnese [2022] FCA 488 – freezing order application.

    Custodian for Gerald and Debra Gray v Redman-Slater – FCA: VID739/2020 – claim by clients of authorised representatives against the financial services licensee for contraventions of the Corporations Act 2001 (Cth) and misleading or deceptive conduct – acting for the financial services licensee – led by Dr Charles Parkinson KC.

    Harris v Financial Services Partners – SCV: S ECI 2022 04091 – claims by clients of authorised representatives against the financial services licensee – acting for the financial services licensee. Interlocutory judgment:

    • Harris v Financial Services Partners Pty Ltd [2023] VSC 16 – strike-out application.

    JDLF International Pty Ltd v Wood – VSC: S ECI 2022 02775 – interlocutory injunction application to enforce a contractual restraint and s 183 of the Corporations Act 2001 (Cth) against a former employee – acting for the Plaintiff – led by Patrick Wheelahan KC.

    JOF Engineering Pty Ltd v Holcim (Australia) Pty Ltd – CCV: CI-20-04009 – interpretation and breach of construction contracts – acting for the Defendant – led by Dr Charles Parkinson KC.

    Re IPO Wealth Holdings No 2 Pty Ltd (in prov liq) [2021] VSC 821 – application to stay a liquidators’ examination as an abuse of process – acting for the Examinee – led by Michael Gronow KC and Angel Aleksov.

    Sim v Williams – NSWSC: 2021/00358666 – validity of debt under a deed of settlement – acting for the Defendant – led by Michael Gronow KC.

    Castaway Avenue Pty Ltd v CSC1957 Investments Pty Ltd ­[2022] VSCA 238 and Castaway Avenue Pty Ltd v CSC1957 Investments Pty Ltd [2023] VSCA 30 – specific performance of a contract for the sale of land – whether contract validly terminated – application for security for appeal costs and an appeal stay – acting for the Respondent – led by Ian Percy.

    Maersk A/S v Patti – FCA: NSD1291/2021 – alleged breach of contract and misleading & deceptive conduct in relation to shipping contracts – acting for the Respondent – led by James Emmett SC.



    Liability limited by a scheme approved under Professional Standards Legislation.

  • Hay Sam

    TYPE OF PRACTICE

    Trial and appellate advocacy, pleadings and opinion work principally in the Supreme Court and the Federal Court in a broad range of commercial disputes. Practice focuses on banking and finance, corporations law, insurance, financial advice disputes, insolvency, trusts, contracts and trade practices.

    EXAMPLES OF CASES

    Whild v GE Mortgage Solutions:  Supreme Court of Victoria proceeding about the effect of an overstatement in a notice of default on a mortgagee's power of sale.

    Wolfe v Permanent Custodians Limited:  Supreme Court of Victoria proceeding about the enforceability of a settlement agreement entered into after a mortgagee had obtained judgment for debt and possession.

    Westpac Banking Corporation v Tesoro:  Supreme Court of Victoria proceeding about the consequences of a lender's failure to strictly comply with the default notice provisions of the National Credit Code.

    Macralink v Saris:  Supreme Court of Victoria application pursuant to s 237 of theCorporations Act 2001 (Cth) concerning whether the applicant would be in a position of conflict if leave were granted.

    Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Beynon:  Federal Court (Victorian Registry) proceeding concerning s 550 of the Fair Work Act 2009 (Cth) and whether an insolvency practitioner was "involved in" a contravention of that Act.

    Hogg v Corke:  Supreme Court of Victoria application pursuant to ss 232 and 232 of the Corporations Act 2001 (Cth) involving a corporate trustee and a unit trust.

    NABE v BDO:  Supreme Court of Victoria proceeding about the appropriateness of advice given by a financial planner.

    Re The Wilderness Society:  Supreme Court of Tasmania proceeding about the governance of an incorporated association.

    Kiernan-Walker v Westpac:  Federal Court (Victorian Registry) proceeding about the appropriateness of advice given by a financial planner.

    SRO v Capital Securities:  Court of Appeal proceeding about a statutory demand and the application of the Broadbeach principle.

    Servco v AGL:  County Court of Victoria proceeding about the termination of an exclusive licence agreement.

    Re Great Southern Managers:  Supreme Court of Victoria ASIC intervention about judicial advice to a Responsible Entity.

    BrisConnections v ASI:  Supreme Court of Victoria ASIC intervention about a Responsible Entity's duties.

    Thirteenth Corp v St George Bank:  Court of Appeal proceeding about fee agreement rebates between a bank and its solicitor.

    Central Pacific Holdings v State of Victoria:  Supreme Court of Victoria proceeding about a contractual indemnity for land tax liability.

    Commonwealth Bank v Kyriackou:  Supreme Court of Victoria injunction proceeding about the restraint of solicitors.

    ATO v King & Ors:  Supreme Court of Victoria indemnity proceeding against the former directors of a listed company.

    McBride v L J Hooker Ltd:  Federal Court (Victorian Registry) class action proceeding about alleged misrepresentations concerning stamp duty payable on new house and land packages.

    Slann v Edmondson:  Federal Court (Victorian Registry) oppression proceeding about the proper date for the valuation of shares to be purchased by majority shareholders.

    CGU Insurance v Chacmol Holdings Pty Ltd:   Supreme Court of Victoria Commercial List trial about a claim in restitution for money held in breach of the Insurance Contracts Act 1984 (Cth).

    TSI Australia Pty Ltd v Australian Taxation Office:   Federal Court (Victorian Registry) proceeding about voidable transactions under ss 588FE(2) and 588FE(3) of the Corporations Act 2001 (Cth).  The action included a claim by the ATO against former directors under s 588FGA for partial indemnity.

    Westpac Bank v Tabet:  Supreme Court of Victoria recovery proceeding involving the non est factum defence.

    ASIC v Westpoint Constructions:   Federal Court (Victorian Registry) proceeding about the appointment of a final liquidator to a company in a corporate group that was already largely under administration.

    CSL Limited v ACTU and Ors:   Federal Court (NSW Registry) proceeding about a claim for damages caused by a secondary boycott in Western Australia and South Australia.

    Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Qantas: Australian Industrial Relations Commission proceeding about a jurisdictional issue arising out of a recent federal legislative amendment.

    Complete Health Care Pty Ltd v Rafter:   Victorian Court of Appeal proceeding on appeal from a decision of the County Court about the sale of a medical practice and the appointment of a trustee in bankruptcy before a sequestration order was made.

    Tylden Pty Ltd v Woodleigh Pty Ltd:   Federal Court (Victorian Registry) proceeding about a complex corporate and land ownership structure set up for the operation of a time-share resort.  The matter largely related to director’s duties and voidable resolutions relating to the purported acquisition of fractional title interests in land.

    Media World v USC:   Federal Court (Victorian Registry) proceeding about a winding up under s 461(1)(k) of the Corporations Act 2001 (Cth).

    Burton Pty Ltd v Guida:   Supreme Court of Victoria proceeding about permanent injunctions under s 1324 of the Corporations Act 2001 (Cth).

    Body Corporate No 2 v Airspace Australia:   Supreme Court of Victoria proceeding about a roof top development in Melbourne’s CBD. The claim concerned the validity of the appointment of members of the body corporate committee.

    ASIC v United Insurance Fund:   Federal Court (Victorian Registry) proceeding about the alleged misappropriation of insurance premiums and breaches of the financial recording and reporting provisions of the Corporations Act 2001 (Cth).

    ABB Australia Pty Ltd v Meaco:   Supreme Court of Victoria proceeding about the misappropriation of funds and a knowing assistance/receipt claim.

    MH6 v Mental Health Review Board: Court of Appeal proceeding about the rules of natural justice in treatment order proceedings at VCAT.

    Ruhani v Director of Public Prosecutions:   High Court appeal from a decision of the Supreme Court of Nauru about the validity of visas issued to asylum seekers under the terms of the “Pacific Solution”.

    M38 of 2002 v Minister for Immigration   High Court special leave application about the extent of the power of the Commonwealth to remove unlawful non-citizens.

    VBAP v Minister for Immigration:  Federal Court (Victorian Registry) proceeding about the circumstances in which an administrative decision may stand despite the presence of jurisdictional error.

    SZDPY v Minister for Immigration:  Federal Court (Victorian Registry) proceeding about the circumstances in which an applicant can adopt earlier evidence so as to render it before the administrative tribunal.

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



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