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  • Dunning Peter

    SCOPE OF PRACTICE

    Appearance and advice work in all areas of appellate work; constitutional and public law; commercial and equity; building and construction, energy and resources; company and insolvency; insurance; professional negligence; trade practices; royal commissions and inquests.

    APPELLATE WORK

    Appearance and advice in all aspects of appellate work; eg Foots v Southern Cross Mine Management Pty Ltd (2007) 234 CLR 52; Attorney-General v Lawrence [2014] QCA 220; Grocon Constructions (QLD) Pty Ltd v Juniper Developer (No 2) Pty Ltd [2015] QCA 291; Monadelphous Engineering Pty Ltd v Wiggins Island Coal Export Terminal Pty Ltd [2015] QCA 290; Witness JA v Scott [2015] QCA 285; BM Alliance Coal Operations Pty Ltd v BGC Contracting Pty Ltd [2013] QCA 394; McCarthy v St Paul International Insurance Co Ltd (2007) 157 FCR 402; (2007) FCAFC 28; Legune Land Pty Ltd v Northern Territory Land Corporation [2013] NTCA 7; Heavy Plant Leasing Pty Ltd v McConnell Dowell Constructions (Aust) Pty Ltd [2013] QCA 386; Filmana Pty Ltd v Tynan [2013] QCA 256; Anderson & McIntosh [2013] Fam CAFC 200.

    CONSTITUTIONAL AND PUBLIC LAW

    Appearing in a variety of constitutional cases eg. Kuczborski v Queensland (2014) 254 CLR 51; [2014] HCA 46; Pollentine v Bleijie (2014) 253 CLR 629; [2014] HCA 30; PT Bayan Resources TBK v BCBC Singapore Pte Ltd (2015) 325 ALR 168; [2015] HCA 36; CEPU & Ors v Queensland Rail & Anor (2015) 318 ALR 1; [2015] HCA 11. Advice work on a range of matters. Counsel for Cr Grosse in Grosse v Purvis (2003) Aust Torts Rep 81-706; [2003] QDC 151;

    COMMERCIAL AND EQUITY

    Appeared in many trials and appeals over the full range of commercial disputes involving all aspects of contract law, negligence, equitable relief and trade practices legislation, eg. AG (CQ) Pty Ltd A&T Promotions Pty Ltd [2011] 1 Qd R 306; [2011] QCA 83;Fig Tree Developments Ltd (formerly Village Life Ltd) v Australian Property Custodian Holdings Ltd [2009] FCA 390; AAShi Pty Ltd v Avbar Pty Ltd (No. 2) (2010) 186 FCR 148; [2010] FCA 427; Shannon v ANZ Banking Corporation [1994] 2 Qd R 560; 563; Fused Electrics Pty Ltd v Donald [1995] 2 Qd R 7; Darveniza v Darveniza [2014] QSC 37.

    BUILDING AND CONSTRUCTION

    Involved in all aspects of major building and construction disputes in superior courts, eg. Patrick Stevedores Operations Pty Ltd v Aecom Australia Pty Ltd, extensive multiparty litigation about failed pavement at the Port of Brisbane with many international paving experts; Baulderstone Hornibrook Pty Ltd v Broen Australia Pty Ltd [2003] 2 Qd R 577; [2003] QSC 158; Leighton Contractors v Western Metals litigation, Suncorp v Conrad & Gargett litigation, experience in claims regarding production plants, eg. arbitration concerning a major metallurgical plant on behalf of the owner against the builder, an international engineering company.

    Particular involvement in litigation regarding the Building Construction Industry Payments Act, e.g. Gambaro Pty Ltd as Trustee for Gambaro Holdigns Trust v Rohrig (QLD) Pty Ltd; Rohrig (QLD) Pty Ltd John [2015] QCA 288;Holland Pty Ltd v Coastal Dredging & Construction Pty Ltd [2012] 2 Qd R 435; [2012] QCA 150; Reed Constructions (Qld) Pty Ltd v Martinek Holdings Pty Ltd [2011] 1 Qd R 28; [2009] QSC 345; Simcorp Developments & Constructions v Gold Coast Titans Property Pty Ltd (2010) 27 BCL 272; [2010] QSC 162.

    ENERGY AND RESOURCES

    Involved in a wide range of advice and litigation regarding resources projects, e.g.Australia Pacific LNG Pty Ltd v Golden [2013] QCA 366; Velvet Glove Holdings Pty Ltd v Mount Isa Mines Ltd(2012) 28 BCL 351; [2011] QCA 312; D’Aguilar Gold Ltd v Gympie Eldorado Mining Pty Ltd [2008] 1 Qd R 56; [2007] QCA 158

    PROFESSIONAL NEGLIGENCE

    Appeared in many trials and appeals concerning professional negligence and breach of professional duty, eg. White Industries (Qld) Pty Ltd v Flower & Hart (1998) 156 ALR 169; [1998] FCA 806 on appeal (1999) 87 FCR 134; [1999] FCA 773; Hamcor Pty Ltd v State of Queensland [2015] QSC 170; Scottsdale Homes Pty Ltd v Gemkip Pty Ltd (2008) QSC 326; A & D Douglas Pty Ltd v Lawyers Private Mortgages Pty Ltd (2006) ANZ Ins Cas 61-709; [2006] FCA 520.

    COMPANY

    Wide experience in advising on and conducting cases involving the Corporations Act and allied legislation, eg. Petroleum Nominees Pty Ltd v Central Petroleum Ltd (2012) 90 ACSR 611; [2012] QSC 191; re: Wellington Capital Ltd; Premium Income Fund v Premium Income Fund Action Group (2011) 85 ACSR 51; [2011] FCA 781;the Crusader NL takeover litigation [1996] 1 Qd R 117, Mclean v Lake Como Venture Pty Ltd [2004] 2 Qd R 280; [2003] QCA 562.

    INSOLVENCY

    Wide experience in all aspects of insolvency litigation, public examinations and removal of liquidator cases, eg. ASIC v Storm Financial Ltd (2009) 71 ACSR 81; [2009] FCA 269; Atlantic 3-Financal (Aust) Pty Ltd v Marler [2004] 1 Qd R 579; [2003] QCA 529; Moloney v Marler & Darvall (a firm) [2004] QCA 310;Re Club Superstores Pty Ltd (In Liquidation) (1993) 10 ACSR 730, 11 ACLC 751, Re Chevron Furnishers Pty Ltd (in liq) [1994] 2 Qd R 475, conducted the Witan/Zarro Group public examinations and litigation on behalf of the various liquidators.

    ROYAL COMMISSIONS AND INQUESTS

    Appeared for the Brisbane City Council at the Queensland Floods Commission of Inquiry, and advised various parties in relation to other royal commission, e.g. the Health Inquiry and the Shepardson Inquiry.

    Appeared for AusSAR, of the Australian Maritime Safety Authority, at major inquests throughout Australia, eg. the missing American divers, Tom and Eileen Lonergan (Cairns, Queensland), the Margaret J (Burnie, Tasmania), Whyalla Airlines (South Australia); the Malu Sara (Torres Strait Islands, Queensland). Also appeared for the Civil Aviation Safety Authority in relation to the Transair aeroplane crash (Lockhart River, Queensland), the largest loss of life in a civilian aircraft in Australia since the 1960’s.

    INSURANCE

    Extensive involvement in both litigation and advice work concerning contracts of insurance for both insureds and insurers, eg Kotku Bread Pty Ltd v Vero Insurance Ltd [2012] QSC 109; Power v Markel Capital Ltd (2007) 14 ANZ Ins Cas 61-742;[2007] QCA 284; QBE Insurance Ltd v Aulich (2003) 152 ACTR 1; [2003] ACTCA 16; Eastern Suburbs Leagues Club Ltd v Royal & Sun Alliance Insurance Ltd (2004) 13 ANZ Ins Cas 61-599 [2003] QSC 413.

    MEDIATIONS

    Extensive involvement in mediation of commercial disputes, including mediations involving extensive expert evidence and over extended periods.

  • 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.

  • Ellis Fiona

    Prior to coming to the Victorian Bar Fiona worked as a general nurse. Since coming to the Bar Fiona has developed a broad practice with specific focus on medical liability, professional disciplinary matters and coronial inquests.

    Fiona regularly acts for clients in personal injury and other tort claims in the County Court and the Supreme Court. She has extensive experience in the following:

    • Matters involving medical liability including superior court trials in which she has appeared unled and led;
    • Public liability;
    • Disciplinary proceedings pursuant to the Health Practitioner Regulation National Law (Victoria) Act 2009 in which she has acted extensively for both individual health practitioners and for the various National Boards. In addition, Fiona is engaged directly by AHPRA to provide advice in relation to ongoing disciplinary investigations;
    • Coronial (and other) inquiries in which she has appeared for numerous health practitioners, government bodies and various other interested parties including Ambulance Victoria, the Chief Commissioner of Police (and individual police officers) and major tertiary hospitals. Fiona has also appeared as counsel assisting the State Coroner in many notable inquests including the Inquest into the death of Tyler Cassidy and the Inquest into the five deaths at Broughton Hall.

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

  • 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.

  • 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.

  • Forrest Joseph

    Joe's practice is predominantly involved in building and construction litigation and he has been briefed to advise prior to the commencement of litigation through to appearances in commercial and domestic building disputes in the Courts, VCAT and the Building Appeals Board at the trials of the proceedings. Joe has appeared for the various stakeholders in the industry including proprietors, contractors, sub contractors, architects, engineers and indemnity and warranty insurers. Many of the disputes that Joe has appeared in have involved complex and technical building and engineering issues concerning defective works claims; contract termination issues; programming and associated contractual issues including claims for extensions of time, prolongation and acceleration; advice concerning inter contract disputes during the course of the project etc. Before coming to the Bar, Joe was a solicitor and senior associate at Phillips Fox in Melbourne. During his employment Joe worked in the firm's construction division under the supervision of John Curtis and Chris Edquist. On coming to the Bar, Joe read with John Digby QC (now Justice Digby of the Supreme Court).Joe generates a rapport with his clients, guiding them through the maze that is often building and construction litigation. He also has a strong commercial instinct which enables a client's interest to be advanced in a strategic and cost effective manner. Some of the technology, construction and engineering disputes that Joe has been involved in include: Litigation Court proceedings.

    • Acting for a building contractor in its appeal to the Supreme Court of Victoria from a decision in VCAT concerning its claims for damages arising from the termination of its building contractor with one developer of a multi developer multi housing development in Maribyrnong, Victoria
    • Acting for a developer in the County Court of Victoria concerning its claim for compensation arising from building damage to two of its four residential units caused by the drying effects of the neighbouring trees
    • Acting for a building contractor in the County Court regarding its claim for payments arising from its civil works contract in respect of a residential development
    • Acting for a contractor in the County Court of Victoria in respect of a claim for the hire of access equipment concerning a number of residential developments
    • Acting for a building contractor in the County Court regarding its claim for payments arising from its civil works contract in respect of a residential retirement village
    • Acting for a plumbing contractor in the County Court of Victoria in respect of a claim made by an existing owner of a house damaged by fire
    • Acting for a building contractor in the County Court of Victoria in respect of a claim for payment of cartage costs of soil from a large residential development project in Southgate
    • Acting for an architect in respect of its claim for fees against the developer and the defence of the counterclaim against it by the developer for loss of profits and damages concerning the residential development of apartments in Northcote, Victoria
    • Acting for a developer in respect of a claim for final payment by a building contractor arising from the construction of 8 residential apartments in Northcote, Victoria

    Litigation VCAT

    • Acting for a contractor in its dispute with one of a number of developers concerning the inadequacies of the structural engineering design and the termination of the building contract in VCAT and in the Supreme Court of Victoria
    • Acting for an owner in respect of a claim against an architect regarding supervision, contract administration and negligence following the insolvency of the original contractor and itsreplacement with a new contractor
    • Acting for a developer against an architect in respect of the architect's claims for fees associated with the development of a bowling alley in Richmond, Victoria
    • Acting for owners in respect of a claim against their contractor regarding defective & incomplete works and the termination of the substantial building contract for the renovations and additions of their domestic residence
    • Acting for a building contractor for claims for the non payment of joint venture profits from a developer following the appointment of an administrator to the building contractor and the entry into a Deed of Company Arrangement
    • Acting for an owner in respect of a claim against the contractor regarding defective & incomplete works and the termination of the building contract for the construction of a new home in Corinella
    • Acting for a developer concerning its claim for the costs of rectification and completion of the construction of seven up-market inner city residential apartments in Fitzroy
    • Acting for a developer concerning a claim by a director that the personal guarantee he executed was discharged due to the variation of the principal building contract in respect of the developers claim for the costs of rectification and completion of the construction of seven up market inner city residential apartments in Fitzroy against the directors

    Litigation Building Appeals Board proceedings

    • Acting for an adjoining owner of a 12 storey office building in Melbourne concerning the adequacy of proposed protection works in proceedings concerning Part 7 of the Building Act 1993 and the review proceedings in the Supreme Court of Victoria
    • Acting for an adjoining owner of a Melbourne CBD bar/restaurant concerning the adequacy of proposed protection works in proceedings concerning Part 7 of the Building Act 1993 and the trespass into the adjoining owner's airspace
    • Acting for a building surveyor concerning complex technical disputes regarding fire safety services and structural engineering issues in respect of a commercial storage facility
    • Acting for a large contractor in respect of a claim for compensation arising from protection on works concerning a multistorey residential development in inner city Melbourne
    • Acting for an adjoining owner of inner city domestic residence regarding the adequacy and performance of proposed protection works on an adjoining commercial development
    • Acting for an adjoining owner regarding the neighbouring owner's breaches of the Building Regulations 2006 in carrying out renovations and additions resulting in proceedings before the Building Appeals Board and review proceedings in the Supreme Court of Victoria
    • Acting for an adjoining owner regarding the neighbouring owner's modification application in accordance with s 160 of the Building Act 1993 concerning set back and overlooking issues

    Non litigation / prelitigation advice

    • Providing advice to an engineering contractor in respect of its disputes with an authority in Western Australia concerning the development of a coal fired electricity plant
    • Providing advice to an engineering contractor in respect of its disputes concerning the purchase of an engineering contractor and its claim for loss of profits and damages arising from the sale
    • Providing advice to a contractor in respect of its dispute with an owner concerning the renovations and additions to a substantial house in Melbourne pursuant to a $4m building contract
    • Providing advice to a contractor in respect of the negotiations for the execution of a $17m building contract for the construction of residential housing in Kew, Victoria
    • Providing advice to a developer in respect of a claim for final payment by a building contractor arising from the construction of 8 residential apartments in Northcote, Victoria
    • Conducting pre-litigation discussions and negotiations for a contractor concerning the ingress to basement of substantial Toorak home

    * Some of these disputes have involved direct briefs in accordance with the Victorian Bar Rules.

    ADR

    Given the nature of building and construction disputes, Joe has appeared in numerous forms of ADR including mediations, compulsory conferences and informal negotiations and has been engaged as a mediator in respect of these types of disputes from time to time.

    Professional Memberships

    • Committee Member - Building Dispute Practitioners' Society
    • Member of VCAT's Building & Property List Users' Group
    • Member of Society of Construction Law
    • Member of the HIA Industrial Relations and Legal Committee

    From 18/03/2010, 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 (where she also undertook her articles). Fiona is also admitted to the New York Bar and from 2001- 2003 worked as a litigator in New York (at Milbank Tweed Hadley & McCloy LLP and Morrison Cohen LLP) where she appeared in US State and Federal Courts.

    Fiona's practice is largely in the areas of commercial law, competition and consumer law, media law, contempt of court and class actions. Fiona is currently briefed in a number of class actions in State and Federal Courts. In 2023, she appeared on behalf of the Plaintiff in the 5 month trial of a class action against Bayer Australia Ltd (and others) in relation to the female contraceptive device Essure. In 2025, she appeared in a class action trial on behalf of protestors sprayed with OC spray by police at an environmental protest (claims of battery and breach of the Victorian Charter of Human Rights and Responsibilities). She successfully led her team in the G8 securities class action to both obtain and have approved on settlement the first group costs order in Victoria. In addition to trial work and preparation, she has appeared in numerous class action settlement approvals, group costs order applications and carriage disputes. She was also appointed by the Federal Court as contradictor in the settlement of the Robodebt class action. Fiona acted for the Plaintiff in the Manus Island class action and in the Black Saturday bushfires class action (Murrindindi). She has also regularly acted for the ACCC in both consumer and competition matters and on behalf of ASIC. A sample of cases in which she has appeared in a variety of jurisdictions in a variety of practice areas is set out below. Fiona also has extensive experience undertaking regulators' examinations, as counsel assisting in inquiries and in advisory work.

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

    In 2022, 2023, 2024 and 2025 Fiona was listed as one of the leading class actions senior counsel in Doyles Guide. In 2011 Fiona received the Victorian Bar Pro Bono Public Interest/Justice Innovation Award (with Ron Merkel QC and Kris Walker).

    Commercial, Competition and Consumer Law

    ASIC v Mercer Superannuation Australia Limited (compliance with the reportable situations regime)(ongoing)

    ACCC v Mobil Oil Australia Pty Ltd (misleading and deceptive conduct in the promotion of fuel)(ongoing)

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

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

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

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

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

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

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

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

    Commissions of Inquiry / Investigations

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

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

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

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

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

    Class Actions

    Prygodicz v Commonwealth (No 2)[2021] FCA 634 (Robodebt - contradictor)

    Turner v Bayer Australia Ltd [2024] VSC 760(negligence and safety defect in relation to the female contraceptive device Essure)

    McDonald v Commonwealth [2025] FCA 380 (acting for the funder in the approval of the settlement of the stolen wages litigation)

    Divilli v WA Housing Authority (ongoing)(housing conditions in First Nations communities in WA)

    Allen v G8 Education Limited (securities - misleading and deceptive conduct and breach of continuous disclosure obligations)[2022] VSC 32(GCO); [2024] VSC 487(settlement approval)

    Gawler v FleetPartners Group Ltd [2024] VSC 365 (securities class action - GCO)

    Warner v Ansell Ltd [2024] VSC 491 (securities class action - GCO)

    Bain v International Capital Markets Pty Ltd [2024] FCA 847; Vingrys v International Capital Markets Pty Ltd [2024] VSC 445 (competing class actions in state and federal court).

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

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

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

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

    Contempt of Court

    R v Slaveski [2015] VSC 400

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

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

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

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

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

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

    Whistleblower Cases

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

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

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

    Constitutional

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

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

    Other

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

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

  • Forsyth Jane

    Prior to signing the Bar Roll in 2000, Jane was a Solicitor at Mallesons Stephen Jaques in their Banking and Finance Group. At the Bar, Jane has developed a practice in taxation law, bankruptcy, corporate law and administrative law.

    Jane has been briefed as junior counsel in a number of significant tax audits both for the ATO and taxpayer. She has advised with respect to the application of anti-avoidance provisions in the Income Tax and GST Acts. She has attended s.264 interviews and advised with respect to findings of fact and potential criminal liability. Jane has appeared in AAT tax review proceedings and tax appeals in the Federal Court and director penalty proceedings in the Supreme Court. In 2010, Jane spent a year working as a National Technical Advisor/Principal Litigator in the Recovery section of the Legal Services Branch at the ATO. There, her focus was complex bankruptcy issues, mareva injunctions, contested tax recovery proceedings and unfair preference actions (and mediations) and wind ups under the Corporations Law.

    Jane is a past Committee Member of the Women Barristers' Association, the Equality Before the Law Committee and the Tax Bar Association.

  • Fowler Norman S.

    Available as a mediator. 

  • Foy Deborah

    Deborah appears in inquests on behalf of hospitals, residential aged care services, involving complex medical, surgical and radiological issues and has represented families, hospitals and medical practitioners, including surgeons, obstetricians and psychiatrists.

    She also frequently appears in the Guardianship and Administration List on behalf of aged care services, hospitals and families in dispute about the care of their elder relatives. She has appeared in disputes over capacity, management of funds, compensation applications and diverse aspects of the jurisdiction.

    Deborah also appears in Personal Injuries cases for plaintiffs and defendants.

    Formerly, she edited the Aged Care section of the Fitzroy Legal Services Law Handbook

    She appeared at VCAT on behalf of a public mental health service in the first appeal involving the provisions governing ECT in the Mental Health Act 2014.

    Before coming to the Bar, Deborah was in house counsel for a large metropolitan public health service for 6 years.

    She was the legal member on the Dental Practice Board of Victoria from 2005 to 2009 and chaired formal hearings on behalf of the Board between 2005 and 2008.

  • Frederico Julia

    Julia specialises in the common law and personal injury jurisdictions.

    She is experienced in preparing, advising and appearing in all jurisdictions for both plaintiffs and defendants in serious injury applications common law and statutory benefits claims, including work accidents, transport accidents, sexual assault, public liability and medical negligence claims.

    She prepares paperwork in all these areas and is briefed to appear in Melbourne and on circuit. She has also advised and appeared in judicial review and Appeal matters.

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

  • 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).

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

    He has been recognised by Doyle's Guide (Leading Commercial Litigation & Dispute Resolution Barrister - Victoria; Leading Insolvency & Restructuring Junior Counsel - Victoria), and Best Lawyers in Australia.

    He is a member of the ASIC Insolvency Practitioner Registration and Disciplinary Committee - Minister's Pool (2021-current; re-appointed March 2024).

    He has also been a member of the Executive Committee of the Commercial Bar Association (2022-2024).


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

  • Gibson Ben

    Ben specialises in commercial law and appears in trial and appellate courts in all jurisdictions in Australia.

    Ben was called to the Bar in 2007. He read with Stephen McLeish SC (now Justice McLeish of the Court of Appeal).

    Prior to coming to the Bar Ben was an Associate to (then) Justice Finkelstein at the Federal Court of Australia, a solicitor at Blake Dawson Waldron (now Ashurst) and a management consultant.

    Ben has a Juris Doctor degree from the University of Melbourne where he was awarded the Dean's Award (Stage 2) and subject prizes for taxation, trusts and evidence. Ben also holds a Bachelors degree and a Masters degree in Economics.

    Ben has been listed in Doyles Guide in the areas of Leading Commercial Litigation & Dispute Resolution Junior Counsel (2023, 2024 and 2025) and Leading Insolvency & Restructuring Junior Counsel (2022, 2023, 2024 and 2025).

    Ben is a past Honorary Secretary of the Bar Council and a current member of the Executive Committee of the Commercial Bar Association and a member of the Bar Readers' Course Committee.

    Cases in which Ben has appeared include:

    • New Stem Cell Australia Pty Ltd v Magellan Stem Cell Centre Pty Ltd [2025] VSC 546
    • Giovinazzo v Resource Capital Limited [2025] VSCA 176 (with B Walker SC and D Porteous).
    • Badenoch Integrated Logging Pty v Bryant [2025] HCADisp 69 (special leave, with M Tennant).
      • Badenoch Integrated Logging Pty v Bryant [2025] FCAFC 31, [2024] FCAFC 167 (with M Tennant)
      • Allsopp v Elly Property Pty Ltd [2024] VSC 669
      • World Touring Melbourne Limited v Australian Grand Prix Corporation [2024] VSC 521 (with N De Young KC and C Fitzgerald)
      • Resource Capital Ltd v Giovinazzo [2024] VSC 548 (with D Porteous)
      • Eastbound Estate Pty Ltd v DC Consolidated Investments Pty Ltd [2024] VSC 40 (with P Bick KC and MQ Nguyen)
      • Mitsubishi Motors Australia Ltd v Begovic [2023] HCATrans 15 [2023] HCATrans 097, [2023] HCATrans 15 (with B Walker SC)
      • Mitsubishi Motors Australia Ltd v Begovic [2023] HCA 43 (with B Walker SC)
      • Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2; (2023) 406 ALR 731 (with B Walker SC)
      • Ohanse Pty Ltd v Heartwest Services Pty Ltd [2022] FCA 1204
      • Ford v Commissioner of Taxation, in the matter of Careers Australia Group Limited (in liq) (No 2) [2022] FCA 1151
      • Zphere Pty Ltd v Pakis [2022] VSC 496 (with D Porteous)
      • Mitsubishi Motors Australia Pty Ltd v Begovic (2022) 403 ALR 558 (with B Walker SC)
      • Bryant & Ors as liquidators of Gunns Limited and Auspine Limited v Badenoch Integrated Logging Pty Ltd [2022] HCATrans 42 (with J Evans KC)
      • Re Bundoora Park Estate Holding Pty Ltd [2022] VSC 273
      • Dugan v Process Holdings Pty Ltd [2021] VSC 555, [2021] VSC 641, [2021] VSC 737 (with S Marks KC)
      • Badenoch Integrated Logging Pty Ltd v Bryant [2021] FCAFC 64 (with J Evans KC)
      • Mitsubishi Motors Australia Ltd v Begovic [2021] VSC 252 (with C Caleo KC)
      • Wu v OHAPIF Pty Ltd (ACN 167 080 542) as trustee for the Oliver Hume Australia Income Fund & Ors [2020] VSC 552 (with P Bick KC)
      • Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Bluewood Industries Pty Ltd [2020] FCA 714 and [2020] FCA 1082 (with J Evans KC)
      • Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Badenoch Integrated Logging Pty Ltd [2020] FCA 713 and [2020] FCA 1081 (with J Evans KC)
      • Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Edenborn Pty Ltd [2020] FCA 715 and [2020] FCA 1083 (with J Evans KC)
      • Nom De Plume v Ascot Vale Self Storage [No 2] [2020] VSCA 70 (with B Walker SC and D Porteous)
      • Northern Territory of Australia v Dover Investments Pty Ltd [2020] NTSC 3 (with P Bick KC)
      • Rennie Produce (Aust) Pty Ltd [2020] FCA 1171; [2017] FCA 442; (2016) 338 ALR 451
      • Ascot Vale Self Storage Centre Pty Ltd v Nom De Plume Nominees Pty Ltd (No 2) [2019] VSC 285 (with P Bick KC)
      • In the matter of Ainslie Harding & Wood Solicitors Pty Ltd (in liq) & Ors VID282/2018 (with K Brazenor)
      • Mandie v Memart Nominees Pty Ltd [2018] VSC 719 (with C. Caleo KC)
      • Deputy Commissioner of Taxation v Rennie Produce (Aust) Pty Ltd (in liq) (2018) 260 FCR 272 (with L Glick KC)
      • Bryant (Liquidator) v LV Dohnt and Co Pty Ltd, Gunns Ltd (In Liq) [2018] FCA 238 (with M Hoffmann KC)
      • De Lutis v De Lutis [2018] VSC 54; [2017] VSC 505 (with P Bick KC)
      • Trust Co (Nominees) Ltd v Angas Securities Ltd [2017] FCAFC 187 (with A Myers KC)
      • Deputy Commissioner of Taxation v A&S Services Australia Pty Ltd [2017] FCA 663
      • Re Rennie Produce (Aust) Pty Ltd (in liq) [2017] FCA 442; (2016) 338 ALR 451; [2016] FCA 449
      • North East Solution Pty Ltd v Masters Home Improvement Australia Pty Ltd [2017] VSCA 113; [2017] VSCA 88; [2016] VSC 1; [2016] VSC 87 (with P Bick KC)
      • Re GUNNS Limited (in liq) [2016] VSC 765; [2016] VSC 832 (with M Hoffmann KC)
      • Trust Company (Nominees) Limited, in the matter of Angas Securities Limited [2016] FCA 895 (with A Myers KC and M Hoffmann KC)
      • Nom De Plume Nominees v Fingal Developments Pty Ltd (2016) 114 ACSR 539 and [2016] VSCA 233 (B Walker SC)
      • TSG Franchise Management Pty Ltd v Cigarette & Gift Warehouse (Franchising) Pty Ltd [2016] FCA 828; [2016] FCA 674; [2015] FCA 739 (with M Robins KC)
      • Re Yeo (in their capacity as liquidators of Rennie Produce (Aust) Pty Ltd (in liq) [2015] FCA 849 (with L Glick KC)
      • Ascot Vale Self Storage Centre Pty Ltd v Nom De Plume Nominees Pty Ltd [2015] VSC 751(with P Bick KC)
      • Nom De Plume Pty Ltd v Fingal Developments Pty Ltd [2015] VSCA 129 (with P Bick KC)
      • Re Ascot Vale Self-Storage Centre Pty Ltd (in liq) (2014) 98 ACSR 243 (VSCA) (with P Bick KC)
      • Fingal Developments Pty Ltd v Nom De Plume Nominees Pty Ltd [2015] VSC 146; [2015] VSC 44 (with P Bick KC)
      • Rilgar Nominees Pty Ltd v BHA Holdings Pty Ltd [2015] VSC 6; (2014) 103 ACSR 370
      • Kilkenny Walsh Pty Ltd v Strasburger Enterprises (Properties) Pty Ltd [2014] VSC 117 (with S Horgan KC)
      • Playcorp Pty Ltd v Lineville Pty Ltd (subject to deed of company arrangement) t/as Robins Kitchens [2014] FCA 224
      • Re Ascot Vale Self-Storage Centre Pty Ltd (in liq) (2014) 98 ACSR 243 (with P Bick KC)
      • Weeden v Rambaldi (2013) 92 ACSR 661 (FCAFC) (with P Collinson KC)
      • Ascot Vale Self Storage Centre Pty Ltd v Wallace Smith [2013] VSC 519 (with P Bick KC)
      • Perpetual Nominees Limited v Rytelle Pty Ltd [2013] VSC 9; [2012] VSC 440 (with P Bick KC)
      • Oliver Hume Apartments (Vic) Pty Ltd v Troy Barkly Nominees Property Group Pty Ltd [2013] VCC 398
      • Weeden v Rambaldi (2012) 290 ALR 312 (FCA); [2012] FCA 647 (with J Peters KC)
      • Szanitop Homes Pty Ltd v Krok (2012) 36 VR 56 (with R Merkel KC)
      • Gotha Investments Pty Ltd v Westons Property (Vic) Pty Ltd [2012] VCC 1161 (with P Bick KC)
      • Environinvest Ltd v HLB Mann Judd (Vic Partnership) [2012] FCA 1307 (with M Hoffmann KC)
      • Jervois Mining Limited v EMC Metals Group S CI 2012 03571 (with M Hoffmann KC)
      • Peachbulk Pty Ltd v R T Edgar Pty Ltd [2012] VCC 39; [2011] VCC 1465; [2011] VCC 1370 (with P Bick KC)
      • Noce v Building Practitioners Board [2011] VSC 350
      • Fluor Australia Pty Ltd and Victorian Workcover Authority SC1 2606 of 2011 (with R Gorton KC)
      • In the matter of Rennie Produce (Aust) Pty Ltd (in liquidation) (FCA) VID 1116 of 2010 (with L Glick KC)
      • Ambridge Investments Pty Ltd (in liq) (rec apptd) v Baker [2010] VSC 59; [2010] VSC 234; [2010] VSC 282 (with P Bick QC, E.W Alstergen KC)
      • N and J Rogers Pty Ltd trading as Performance Pools v Rippingale [2010] VCAT 1899
      • Allison v BDO (NSW-Vic) Pty Ltd SCI 2009, 10625 and BDO Group Investments (NSW-VIC) Pty Ltd v Ngo SCI 1192 of 2010 (with L Glick KC)
      • Biota Scientific Management Pty Ltd v Glaxo Group Ltd [2008] VSC 110 (with S Anderson KC and others).


      Liability limited by a scheme approved under Professional Standards Legislation.

    • Gillies Ross

      Retired from practice in August 2023.

    • Glacken Sturt

      Sturt Glacken has a broad commercial and public law practice with emphasis on appellate work in equity and judicial review. He has appeared in a range of prominent cases in the High Court, Federal Court and Supreme Courts. Prior to coming to the Bar, Sturt was a solicitor at Minter Ellison, and a legal policy adviser in the Federal and State Parliaments.

      For more detail, including key cases in which Sturt has appeared, see linked curriculum vitae.

      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.

    • 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.

    • Golshtein Emily

      Emily Golshtein practises primarily in common law and administrative law, including commissions and inquiries. Emily is regularly briefed to advise, prepare written work, and appear in trials, appeals and other hearings within those fields.

      Before coming to the Bar, Emily was Senior Associate to the Honourable Justices Kaye AM and Bell AO in the Supreme Court of Victoria. As an Associate, Emily worked in both the trial and appellate divisions of the Court. Prior to her Associateships, Emily worked as a solicitor at the Transport Accident Commission (TAC), and in the Office of the Co-Prosecutors at the United Nations Extraordinary Chambers in the Courts of Cambodia.

      Emily is listed in the 2024 and 2025 Doyle's Guide as a leading junior counsel in administrative and public law. Emily is a member of the Common Law Bar Association and Women Barristers Bar Association.

      Emily read with Anna Robertson (now Her Honour Judge Robertson). Her senior mentor is Jeremy Ruskin KC.

      A selection of recent and ongoing matters in which Emily has been briefed can be found here.



      From 9 Dec 2016, liability limited by a scheme approved under Professional Standards legislation.

    • Gorton Timothy

      Timothy accepts civil and commercial briefs, and is a Nationally Accredited Mediator (AMDRAS). He is a Reporter for the Victorian Reports.

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

      Timothy is admitted to the degrees of Master of Laws (2022), Juris Doctor (2013), and Bachelor of Arts (2010) in the University of Melbourne, where he was an Editor of the Melbourne Journal of International Law (2013). He is a Professional Member of the Australian Restructuring Insolvency and Turnaround Association (RITP), and a Graduate Member of the Australian Institute of Company Directors (GAICD).

      He read with Robert Craig (as his Honour then was).

      Cases

      Publications


    • 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.



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