His Honour David Brookes SC
Mediator & Arbitrator (Former Judge of the County Court of Victoria)
Profile
David Brookes is a highly experienced dispute resolver and former trial judge whose practice spans complex personal injury and disease litigation, professional negligence (including medical negligence), workplace and transport accident claims, institutional abuse matters, coronial work, and catastrophic injury. He took silk in 2007 after more than three decades at the common law bar, appeared regularly in the High Court of Australia and the Victorian Court of Appeal, and was counsel in major public inquiries including the Metropolitan Ambulance Service Royal Commission and the HIH Royal Commission. He now practises predominantly as a mediator and arbitrator.
Judicial Service
Mediation & ADR
Bar Career
Royal Commissions & Public Inquiries (Counsel)
Areas of Practice (as Mediator/Arbitrator)
Selected Appellate Experience
Teaching & Speaking
Education
Publications & Reports (Royal Commissions)
The Honourable Kevin Bell AO KC FCIArb Accredited Mediator NMAS is a former senior jurist and advocate with extensive experience in the law, including commercial law, criminal law, common law, public law and human rights, including Indigenous rights. In 2024, he received the award of Officer of the Order of Australia for his 'distinguished service to the law and to the judiciary, and to human rights through education and reform.' He holds a Bachelor of Arts and a Bachelor of Law (Hons) from Monash University, a Master of Studies in International Human Rights Law from Oxford University and a Bachelor of Applied Science (Wine Science) from Charles Sturt University.
For fifteen years from 2005-2020, Professor Bell was a Justice of the Supreme Court of Victoria. He sat in all divisions of the court. He played a pivotal role in the implementation and operation of the Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic) within the Victorian legal system, among other things. In 2007, he chaired the committee overseeing the report that led to the introduction of the court's judicial mediation program. He was the President of the Victorian Administrative Appeals Tribunal for two years in 2008-2010 and over-hauled its mediation operations in this period. He was the President of the Forensic Leave Panel for five years in 2015-2020.
For two years from 2020-2022, Professor Bell was a professor in the area of International Human Rights Law in the Faculty of Law at Monash University and Director of the Castan Centre for Human Rights Law in that Faculty. He used his extensive professional experience and strong reputation for excellence in judicial scholarship to promote and develop international human rights law and human rights research and education. He is now an Adjunct Professor in the Faculty.
For two and a half years from 2021-2023, Professor Bell was a Commissioner of the Yoorrook Justice Commission. The Commission is a Royal Commission established with a wide mandate to examine the impact of colonisation on the First Peoples of Victoria and to make recommendations for realising their self-determination through Victoria's treaty-making process. Professor Bell especially contributed to the Commission's work in the areas of child protection, criminal justice and in Indigenous human and cultural rights.
For two years in 2022-2023 Professor Bell was Co-Chair of the Steering Committee to develop the National Mental Health Commission Stigma and Discrimination Reduction Strategy. He is a Fellow of the Australian Academy of Law.
He is now an Arbitrator and Mediator on Dever's List at the Victorian Bar.
Sam practises in all areas of public and commercial law.
Since coming to the Bar, he has appeared and advised in a range of commercial and regulatory disputes involving corporations, financial services, contract, equity, consumer protection, and domestic building and construction. Sam has a particular interest in administrative and public law and has appeared unled in the Federal Court of Australia in judicial review proceedings under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) and the Migration Act 1958 (Cth). He has also appeared in the AFL Appeals Tribunal.
Before coming to the Bar, Sam worked as Counsel Assisting the then Solicitor-General for Victoria, Rowena Orr KC (now the Hon Justice Rowena Orr). He was also an Associate to the Hon Justice Steward of the High Court of Australia.
He commenced his career as a solicitor in the litigation team at Arnold Bloch Leibler, where he practised in general commercial disputes and corporate insolvency.
Sam holds a Bachelor of Arts (Honours) and a Juris Doctor from the University of Melbourne, where he ranked second in his graduating cohort and was an Editor of the Melbourne University Law Review.
Sam read with Fiona Batten. His senior mentor is Philip Solomon KC.
Liability limited by a scheme approved under Professional Standards legislation.
Alex practises mainly in public and commercial law.
Before coming to the Bar, Alex was Counsel Assisting the Solicitor‑General of the Commonwealth, an Associate to Chief Justice Kiefel of the High Court of Australia, a Senior Solicitor in the constitutional law team at the Victorian Government Solicitor’s Office, and Counsel at the Australian Government Solicitor. He commenced his legal career at Allens, in litigation and dispute resolution.
Alex has a Bachelor of Arts (Economics), a Diploma in Languages and a Juris Doctor from the University of Melbourne. He later obtained a Master of Laws from Harvard Law School. He has taught constitutional law at the University of Melbourne, and is a reporter for the Commonwealth Law Reports.
Alex is reading with Olaf Ciolek. His senior mentor is Kathleen Foley SC.
Liability limited by a scheme approved under Professional Standards Legislation.
Sam practises in a wide range of common law and commercial matters, with a focus on personal injury, intentional torts, WorkCover, Transport Accident and public liability matters. He also has experience in judicial review and Coronial Inquests.
Before coming to the bar Sam was an Associate at MinterEllison where he acted for a wide range of public and private clients in personal injury and general insurance matters. Sam also gained extensive litigation experience as a solicitor at the Victorian Government Solicitors Office (VGSO).
Sam accepts briefs to advise and appear for both plaintiffs and defendant. He has experience appearing both led and unled in the Supreme, County Court and Magistrate’s Court of Victoria. He also has a practise in the appellate jurisdiction.
Sam read with Michael Clarke and his Senior Mentor is Liam Brown SC.
Liability limited by a scheme approved under Professional Standards Legislation.
Stephanie has a diverse practice with a particular focus on insurance law, common law, personal injuries and public law. Stephanie is reading with Justin Hooper and her senior mentor is Jeremy Ruskin KC.
Prior to joining the Victorian Bar, Stephanie was a Senior Associate at Barry Nilsson where she built upon her extensive knowledge in the area of professional indemnity claims in addition to managing a number of public liability and institutional abuse claims. Prior to this, Stephanie was a Managing Principal Solicitor with the Victorian Government Solicitor’s Office (VGSO), where she developed a general and diverse litigation practice for a range of government clients and emanations of the State. Her portfolio spanned torts and breach of statute, general public law litigation, judicial review proceedings, and reviews pursuant to the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.
Before joining the VGSO, Stephanie spent five years at specialist insurance litigation firms, where she built her practice in professional indemnity, management liability claims and subrogated recoveries. Stephanie was admitted as a lawyer in the State of New York in 2009 and worked in a small reinsurance law firm for a number of years before moving to Melbourne in 2011.
Liability limited by a scheme approved under Professional Standards legislation.
Anna practices in commercial and public law. She has experience in complex commercial disputes, regulatory proceedings, class actions, professional negligence, and public and administrative law.
Before joining the Bar, Anna was a senior associate at Clifford Chance, and an associate at Quinn Emanuel Urquhart & Sullivan LLP in New York. She was also previously associate to Justice Stephen Gageler AC at the High Court of Australia (now Chief Justice of Australia), and Tipstaff to Justice David Hammerschlag of the Supreme Court of New South Wales.
Anna holds a Masters of Law from Columbia Law School and a Bachelor of Laws with first class honours from the University of New South Wales.
Anna read with Olaf Ciolek and her senior mentor is Philip Solomon KC.
Liability limited by a scheme approved under Professional Standards Legislation
Audrey practices in all areas of common law, with a particular focus on personal injury (including industrial accidents, transport accidents, institutional abuse, public liability, and medical negligence). She has special interests in health and medical law, professional indemnity, and intentional torts.
Audrey has experience acting in appeal and judicial review proceedings.
Before coming to the Bar, Audrey was a Senior Associate at Russell Kennedy where she acted on behalf of the Victorian WorkCover Authority and Transport Accident Commission in the defence of statutory benefits, serious injury, and common law damages claims.
As a solicitor, she developed a particular expertise in psychiatric injury claims, industrial deafness and occupational disease claims, and complex multi-defendant matters. She has also undertaken training in the interpretation and application of the American Medical Association Guides 4th Edition.
Audrey holds a Bachelor of Laws (with Honours) and a Bachelor of Arts from Monash University. In February 2023, she was named a Rising Star by Australasian Lawyer.
Audrey read with Matthew Hooper SC and her senior mentor is Michelle Britbart KC.
Liability limited by a scheme approved under Professional Standards Legislation
Brianna practises broadly across common law and criminal jurisdictions, with a particular interest in torts and personal injury. Brianna is available to appear in all metropolitan and regional courts.
Prior to coming to the Bar, Brianna was associate to her Honour Judge Morrish at the County Court of Victoria. Brianna assisted her Honour in hearing and management of civil and criminal jury trials, appeals, and interlocutory matters. As her Honour is the Judge in Charge of the Medical Negligence List, Brianna also assisted in the daily running and administration of the list.
Earlier, Brianna worked at a small suburban law firm where she assisted in providing general legal services to clients in a wide range of areas including wills and estates, building disputes, binding financial agreements and sale of businesses.
Brianna holds a Juris Doctor from Monash University and a Bachelor of Arts (criminology and politics) from the University of Melbourne.
Brianna is reading with Rachel Ellyard and her senior mentor is Michelle Britbart KC.
Liability limited by a scheme approved under Professional Standards Legislation.
Patrick maintains a broad civil litigation practice (with both trial and interlocutory experience – led and unled), focussing on:
Patrick has completed a Masters of Commercial Law at the University of Melbourne, with a focus on consumer law, insurance law, institutional liability law and sports law.
Patrick also holds a Bachelor of Laws (Hons) and a Bachelor of Commerce from Deakin University.
Prior to coming to the Bar, Patrick was an Associate Lawyer at T J Mulvany & Co, with predominant areas being Commercial Litigation and Common Law Litigation (namely Institutional Liability matters).
Patrick read with Jack Tracey KC.
Recent cases include:
Commercial Law
GJB Building Pty Ltd v AI&PB Property Pty Ltd [2023] VSC 782 (led by A T Strahan KC);
GJB Building Pty Ltd v AI&PB Property Pty Ltd [2024] VSC 790 (led by A T Strahan KC)
Coonwarra Pty Ltd v CornoNero Pty Ltd [2023] VSC 781 (led by A T Strahan KC);
Coonwarra Pty Ltd v CornoNero Pty Ltd [2024] VSC 789 (led by A T Strahan KC)
GJB Building Pty Ltd v AI and PB Property Pty Ltd (Ruling No 3) [2022] VSC 62 (led by A T Strahan KC in proceeding – appearance unled)
(acting as Junior Counsel for Defendant in 49 day Supreme Court trial, defending various allegations including misleading and deceptive conduct, breach of director’s duties, breach of fiduciary duty, Barnes v Addy claims, contract claims, remedies, costs)
Plunkett v Portier Pacific Pty Ltd (Civil Claims) [2024] VCAT 205 (unled in matter generally, led by A T Strahan KC in s 77 application) (acting for various Uber entities Respondent in defending allegations of misleading and deceptive conduct and unconscionable conduct regarding UberEats app; and s 77 application to transfer proceedings from VCAT to Supreme Court of Victoria)
Storage Depot Pty Ltd v Brooklyn Logistics Park Pty Ltd (Building and Property) [2022] VCAT 210 (unled) (valuation determination - s37 RLA)
Sports Law
Charlie Cameron v AFL (AFL Appeals Board; led by L Hannon KC; acting as Junior Counsel for the AFL)
Thornell v Cerberus Golf Club Inc (Human Rights) [2024] VCAT 20 (unled) (acting pro bono for female golfer alleging sex discrimination for not being allowed to play in the ‘men’s only’ golf competitions)
Michael Randall v Australian Football League and Sport Integrity Australia CEO [2023] NST NST-E22-334478 (unled) (acting for the AFL in regard to anti-doping suspension appeal)
Heath Thorpe v Gymnastics Australia [2023] NST NST-E23-173421 (unled) (acting for Applicant in selection dispute – drawing submissions and advice)
From 22 May 2020, liability limited by a scheme approved under Professional Standards legislation.
Tim is an experienced commercial barrister and appears in a wide range of commercial disputes and professional disciplinary matters. He has extensive experience
in working on cases as part of a team made up of solicitors and other counsel. He is an experienced trial advocate.
In recent years, Tim has obtained significant experience in different areas including corporations, professional disciplinary and professional negligence matters. For example, he has:
Tim has appeared in a wide variety of jurisdictions, including the State Court of Appeal and Supreme Court Trial division, in relation to insurance disputes, equity proceedings, contempt proceedings and insolvency matters.
Tim's CV, including a selection of cases in which he has been involved, may be viewed via the CV link above.
From 1 July 2008 liability limited by a scheme approved under Professional Standards Legislation
Jeremy acts in commercial disputes, mainly for clients involved with the construction industry.
He is also a nationally accredited mediator and accepts mediator engagements in all areas of commercial disputes.
Commercial disputes
Jeremy's commercial disputes experience encompasses contracts, insurance (Including coverage disputes), professional indemnity/negligence, property and equity.
He is regularly briefed on behalf of insurers, especially to defend claims against insured professionals (such as architects, engineers, building surveyors, fire engineers, project managers and superintendents), or to prosecute subrogated recovery actions.
Construction disputes
Jeremy's construction experience includes disputes arising during project delivery (including bank guarantee injunctions, security of payment, protection works), and end-of-project litigation or arbitration (including claims for money and time). Recent project settings have spanned LNG pipelines, a power station, freeways, solar and wind farms, specialised pavements (ports, distribution centre, racing car track), and commercial and residential developments (including flammable cladding cases).
Jeremy has been ranked in Doyles Guide (peer reviewed) as a Leading Construction & Infrastructure Barrister (Australia) in 2017 - 2018 and 2020 - 2025 and in the Victorian market in 2015 - 2025.
From 01 Jul 2008, liability limited by a scheme approved under Professional Standards legislation.
Ben was admitted to practice in 2011 and called to the Bar in 2019. Prior to being called to the Bar, he practised as a solicitor in the Insurance and Corporate Risk Group at MinterEllison.
Ben has extensive experience in common law, administrative law, inquests, disciplinary and professional negligence proceedings. He has acted for state government entities, private companies, hospitals, doctors, manufacturers, as well as individuals.
Ben read with Robert Harper. His senior mentor was Jack Rush QC.
Matters in which Ben has been briefed include (non-exhaustively):
Ben is a member of the Common Law Bar Association.
From 25 October 2019, Liability limited by a scheme approved under Professional Standards legislation.
Senior Associate at Phillips Fox (Commercial Litigation). Associate to Chief Justice Mason, High Court of Australia.
From 10th April 2014, liability limited by a scheme approved under Professional Standards legislation.
The Hon G (Tony) Pagone AM KC has extensive expertise across a range of legal disciplines, including commercial, taxation, administrative, constitutional, public and human rights law, as well as equity, wills, and estates law. His commercial practice encompassed high-value and complex disputes in revenue, banking and finance, insolvency, corporations law, and regulatory matters.
Tony is also an experienced mediator and arbitrator, with extensive involvement in the resolution of commercial and taxation disputes, both in Australia and internationally. His judicial background, combined with his specialist expertise in complex commercial and taxation matters, allows him to bring exceptional insight and authority to alternative dispute resolution. He is a member of Lincoln’s Inn in London and a Fellow of both the Chartered Institute of Arbitrators and the Australian Centre for International Commercial Arbitration.
Admitted to legal practice in Victoria in 1980, Tony signed the Roll of Counsel in 1985 and was appointed Queen’s Counsel for Victoria in 1996. He served as a trial judge on the Supreme Court of Victoria from 2006, where he also became the judge in charge of the Commercial Court. In 2013, Tony was appointed to the Federal Court of Australia, where he was the judge in charge of the taxation national practice area. His published decisions span a wide array of legal fields, including finance, commerce, deceased estates, and migration, along with arbitral decisions and practice.
Tony retired from the Federal Court of Australia in 2018 and has since returned to private practice. He continues to be frequently briefed on significant legal issues and disputes for leading corporations and government bodies. Between 2002 and 2004, he served as Special Counsel to the Australian Taxation Office. He was also the chair of the Royal Commission into Aged Care (2019–2021) and conducted a review for Melbourne Water into a major flood event on the Maribyrnong River.
Tony holds a Bachelor of Laws from Monash University (1979), a Master of Laws from Cambridge University (1983), and a Doctor of Laws (LLD) from the University of Melbourne (2014), awarded for his research and published work on anti-tax-avoidance provisions.
He maintains strong international professional and academic connections. Tony is a Professorial Fellow at Melbourne Law School, where he lectures in postgraduate programs. He was also President of the International Association of Judges, a former board member of the International Association of Tax Judges, and Chair of the Business Law Section of the Law Council of Australia.
Raph practises in torts, professional liability, class actions, judicial review, insurance and coronial law. He has significant experience in matters involving complex claims against legal practitioners, health practitioners, hospitals, product manufacturers and statutory authorities. He is regularly briefed in coronial inquests and in matters involving challenges to determinations by coroners under the Coroners Act 2008. He has experience in matters involving the Sheriff of Victoria. He has appeared in litigation involving the parens patriae jurisdiction of the Supreme Court of Victoria. He has significant experience appearing in court both led and unled.
Recent matters in which he has been briefed include the following:
Various tort claims including false imprisonment, assault and battery, intentional infliction of emotional distress, negligence and nuisance.
From 24 Oct 2013, liability limited by a scheme approved under Professional Standards legislation.
Hayley has a broad insurance, administrative and injuries practice, appearing in all Victorian and Tasmanian Courts. She acts across the common law landscape, with a core practice in medical and tort law. She regularly provides advice in indemnity and coverage disputes, as well as policy interpretation. Hayley is frequently briefed to advise on procedural issues and appear in interlocutory applications.
In addition to her background in insurance litigation, Hayley has a particular interest in appellate matters, judicial review of Medical Panel determinations, sports law and bioethics.
Hayley holds a Bachelor of Laws and a Bachelor of Biomedical Science from Monash University.
Hayley read with Ben Jellis SC and her Senior Mentor is Dr Michael Rush KC.
In 2025, Hayley was named in Doyle’s Guide as in the Leading category for Professional Indemnity Junior Counsel.
Her recent cases include:
Liability limited by a scheme approved under Professional Standards legislation.