Search Results

  • Hooper Justin

    Justin has a common law and commercial practice.

    Justin practises in all areas of common law (negligence and intentional torts), including professional negligence, personal injury (incl. psychiatric injury), class actions and public liability.

    Justin is currently acting in concussion matters involving AFL players. He is counsel for Richmond Club doctor Dr Greg Hickey in Ty Zantuck v Richmond Football Club & Ors. He is also counsel for Western Bulldogs Club doctor Dr Gary Zimmerman in Liam Picken v Australian Football League & Ors.

    Justin also has particular expertise in defamation. Justin has represented high profile clients such as Rebel Wilson, National Australia Bank, the State of Victoria and Dr Anne Webster MP. He has also represented media outlets such as The Australian, The Age, Schwartz Media and the ABC.

    Justin is regularly briefed to appear on behalf of Racing Victoria Limited in disciplinary and licensing matters, several of those matters having progressed through to the Supreme Court of Victoria or the Victorian Court of Appeal. He has also been briefed by the AFL in numerous anti-doping matters, including the action against the Essendon Football Club players and Stephen Dank.

    Justin is a director of the Victorian Bar Foundation, which is the Victorian Bar’s not for profit organisation. The Victorian Bar Foundation works to promote a number of causes in the community, including supporting the provision of legal education, providing information about the legal system, the role of barristers in the legal system and the role of law in society.

    Justin’s mentor was Claire Harris SC and his senior mentor was Jeff Gleeson KC.

    Sample of common law/negligence cases:

    • Liam Picken v Australian Football League & Ors [negligence], counsel for Western Bulldogs Club doctor Dr Gary Zimmerman (Supreme Court of Victoria)
    • Ty Zantuck v Richmond Football Club & Ors [negligence], counsel for Richmond Club doctor Dr Greg Hickey (Supreme Court of Victoria)
    • Jack Rivers v Le Mans Grand Prix Circuits Pty Ltd & Anor [negligence], counsel for Le Mans Grand Prix Circuits with Jack Rush KC (Supreme Court of Victoria)
    • Pearce v The Corporation of The Society of the Missionaries of the Sacred Heart (historical institutional negligence - setting aside of deed of settlement) – counsel for The Corporation of The Society of the Missionaries of the Sacred Heart with Jeremy Ruskin KC (Supreme Court of Victoria)
    • Lonergan v Sisters of St Joseph [historical institutional negligence], counsel for the Sisters of St Joseph (Supreme Court of Victoria, unled; Victorian Court of Appeal with Jack Rush KC)

    Sample of commercial cases:

    • Bell Partners Accountants Advisors Auditors Pty Ltd as trustee of Bell Partners Unit Trust v Kelvin Boyd & Kelvin Boyd Advisory Pty Ltd & Anor [breach of contractual restraints, misleading or deceptive conduct], counsel for Kelvin Boyd and related parties with Rob Craig KC and Matthew Harvey KC (Federal Court of Australia)
    • Pentridge Village Pty Ltd (In Liquidation) & West Homes Australia Pty Ltd v Capital Finance Australia Ltd [deceit, misleading or deceptive conduct, unconscionable conduct, equitable estoppel], counsel for Pentridge Village & West Homes Australia with Jim Peters KC and Alexander Di Stefano (Supreme Court of Victoria)
    • Roo-Roofing Pty Ltd v Commonwealth of Australia [class action, including in negligence and misleading or deceptive conduct], counsel for the Commonwealth of Australia with Rachel Doyle SC, Renee Enbom and Liam Brown (Supreme Court of Victoria)
    • PCCEF Pty Ltd v Geelong Football Club [lease construction appeal], counsel for PCCEF Pty Ltd (Supreme Court of Victoria with Philip Corbett KC; Victorian Court of Appeal with Neil Young KC)
    • Funtastic Limited v Madman Film and Media Pty Ltd [contractual dispute concerning expert accountant's determination], counsel for Madman Film and Media with Matt Collins KC (Supreme Court of Victoria)
    • Sondoananh Trading Company Pty Ltd v Couriers Please Pty Ltd [franchisee claim against franchisor for unlawful termination of franchise agreement], counsel for Couriers Please Pty Ltd (County Court of Victoria)

    Sample of defamation cases:

    • Rebel Wilson v Bauer Media [defamation], counsel for Rebel Wilson with Matt Collins KC and Renee Enbom KC (Supreme Court of Victoria)
    • Overseas Education and Career Consultants Pty Ltd v Australian Broadcasting Corporation [defamation], counsel for the ABC with Renee Enbom KC (Federal Court of Australia)
    • Sene-Li Wong v National Australia Bank, [defamation], counsel for National Australia Bank (Federal Court of Australia)
    • Christian Porter MP v Australian Broadcasting Corporation and Louise Milligan [defamation], counsel for the ABC and Louise Milligan with Renee Enbom KC (Federal Court of Australia)
    • Anne Webster MP v Karen Brewer [defamation], counsel for Anne Webster MP (Federal Court of Australia)
    • Andrew Laming MP v Louise Milligan [defamation], counsel for Louise Milligan with Renee Enbom KC (Federal Court of Australia)
    • Damien Sheales v The Age [defamation], counsel for The Age with Matt Collins KC (Supreme Court of Victoria)


    From 23 Oct 2014, liability limited by a scheme approved under Professional Standards legislation

  • Jeffreys Paul

    Paul practices in all areas of commercial and public law, including taxation law, employment and industrial relations law and constitutional and administrative law.

    He has acted in matters in the High Court, Federal Court, Federal Circuit and Family Court, various State Supreme Courts, the Administrative Appeals Tribunal and the Fair Work Commission. He has also appeared in Royal Commissions and inquiries.

    Paul has particular experience in:

    • taxation disputes and advice – Paul is junior counsel for the taxpayers in the Bendel litigation: see Bendel and Commissioner of Taxation (Taxation) [2023] AATA 3074; Commissioner of Taxation v Bendel  [2025] FCAFC 15, and has previously acted for other taxpayers in settled litigation;
    • employment disputes and advice – Paul is junior counsel for Technology One in the Roohizadegan litigation: see Technology One Limited v Roohizadegan [2021] FCAFC 137; Roohizadegan v Technology One Limited [2021] HCASL 249, and is presently acting for various employers and employees in general protections, unlawful termination and discrimination cases); and
    • public law disputes and advice – Paul has successfully acted in merits and judicial review applications: see STZS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] AATA 1255; Thompson v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 161.

    Paul commenced his career in private practice at Minter Ellison. Before coming to the Bar, he worked as a Legal Researcher at the Supreme Court of Victoria and was an Associate at the Federal Court of Australia.

    Paul holds a Bachelor of Commerce and a Bachelor of Laws (with first class honours) from Monash University. He also holds a Master of Laws from the University of Melbourne.

    Paul read with Kathleen Foley SC and his senior mentor is Philip Solomon KC.




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

  • Hines Michael

    Michael Hines is an experienced advocate, having appeared mainly in the superior courts. Recently, he appeared as Counsel before the High Court in Hsiao v Fazarri (2020) FLC 93-990; [2020] HCA 35; and before that, in the well known case, Kennon v Spry (2008) 238 CLR 366.

    A large part of his practice consists of advising and drawing documents.

    He is a past director of the Trustee of the Victorian Bar Superannuation Fund.

    He is the author of numerous publications, for example, a loose-leaf service, 'Stamp Duties Victoria' (LBC), is a presenter at many seminars, and has taught Post Graduate Tax subjects at the University of Melbourne.

    Some of his articles and papers are as follows:

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

  • Houghton William

    Will Houghton KC practises predominantly in commercial, media and intellectual property law with particular expertise in competition, defamation, contempt and sports law.

    He has appeared for clients at both trial level (including numerous jury trials) and appellate level around Australia.

    Mr Houghton accepts corporate briefs.

    Mr Houghton is the Chairperson of the AFL Appeal Board.

  • Kirkwood Jonathan

    Jonathan practises in commercial law, public law, industrial law and torts, including in numerous class actions. He has advised and appeared at trial and appellate level for a diverse range of clients including corporations, government agencies, unions and individuals.

    Before coming to the Bar, he worked as Chief of Staff to Commonwealth Attorney-General Robert McClelland, as a Senior Associate in Commercial Dispute Resolution at Holding Redlich Lawyers, and as an Associate to Justice Michael Moore at the Federal Court.

    He has a Bachelor of Arts in French and a Bachelor of Laws (Hons I) from the University of Sydney, and a Bachelor of Science with a double major in mathematics and physics from the University of Melbourne. He also has a Diploma of French Language from the University of Strasbourg, and studied Mandarin at Fudan University in Shanghai.

    Jonathan's litigation experience includes handling complex scientific and engineering expert evidence in a range of proceedings.

    He read with Bernie Quinn KC.

    Matters in which he has acted have included:

    Commercial law

    Acting for the respondent retailer in a class action in the Federal Court concerning discount pricing: Demery v Coles Supermarkets Australia Pty Ltd (2024-), instructed by Allens

    Acting as court-appointed contradictor in an application for approval of the settlement of a Federal Court class action concerning a financial planning network: Equity Financial Planners Pty Ltd v AMP Financial Planning Pty Ltd [2024] FCA 1036

    Acting for the defendants in product liability class actions in the Supreme Court of Victoria concerning motor vehicle diesel engine emissions: El Helou v Mercedez-Benz Australia-Pacific Pty Ltd & Ors (2024-); Wawryk & Anor v Mercedes-Benz Australia/Pacific Pty Ltd & Anor [2024] VSC 120, 186, instructed by Herbert Smith Freehills

    Acting for the defendant in a securities class action in the Supreme Court of Victoria concerning US regulatory action in the pharmaceutical industry: Hillman v Mayne Pharma Group Ltd [2024] VSC 786, instructed by Herbert Smith Freehills

    Acting for the respondent bank and insurers in a class action in the Federal Court claiming misleading or deceptive conduct, financial product advice contraventions, unconscionable conduct and restitution for mistake, in connection with consumer credit insurance products: Reilly & Anor v Australia and New Zealand Banking Group Ltd & Ors [2020] FCA 1609, 1502, 436, led by Michael Borsky KC, instructed by Herbert Smith Freehills

    Acting for a respondent bank in a class action in the Federal Court alleging cartel conduct in the foreign exchange market: J Wisbey & Associates Pty Ltd v UBS AG & Ors [2021] FCA 36, led by Wendy Harris KC and Michael Borsky KC, instructed by Herbert Smith Freehills

    Acting for the CITIC parties in several proceedings relating to the Sino Iron Project:

    - Proceedings in the Supreme Court of Western Australia alleging breaches of contract concerning proposals under a State Agreement: Sino Iron Pty Ltd & Ors v Mineralogy Pty Ltd & Anor [2024] WASC 242, 322, 413, 486, with Noel Hutley SC, instructed by Herbert Smith Freehills

    - Proceedings in the Supreme Court of Western Australia involving various tortious and contractual claims concerning litigation relating to the Sino Iron Project: Mineralogy Pty Ltd & Anor v Dillon & Ors [2024] WASC 322, with Steven Finch SC, instructed by Allens

    - Proceedings initially in the Federal Court and subsequently in the Supreme Court and Court of Appeal of Western Australia involving claims in contract, estoppel and under the Australian Consumer Law concerning proposals under a State Agreement: Sino Iron Pty Ltd & Ors v Mineralogy Pty Ltd & Ors [2019] FCA 675, [2020] WASC 311, [2021] WASC 475, 473, 451, 384, 170, [2022] WASC 476, 475, 474, 473, 472, 471, 46, 25, [2023] WASC 192, 96, 56, led by John Karkar KC, Stephen Parmenter KC and Stephen Free SC (Supreme Court), and Noel Hutley SC (Court of Appeal), instructed by Herbert Smith Freehills

    - Proceedings in the Court of Appeal of Western Australia and the High Court involving a contractual dispute relating to a magnetite production royalty: Sino Iron Pty Ltd & Ors v Mineralogy Pty Ltd [2019] WASCA 80, [2020] HCATrans 10, led by Alan Archibald KC and Charles Scerri KC (Court of Appeal), and Justin Gleeson SC (High Court), instructed by Allens

    - Proceedings in the Supreme Court and Court of Appeal of Western Australia involving a contractual dispute concerning a Site Remediation Fund, and an application to replace a trustee: Mineralogy Pty Ltd v Sino Iron Pty Ltd & Ors [2021] WASC 45, [2022] WASCA 162, led by Kanaga Dharmananda SC, instructed by Allens

    - Proceedings in the Supreme Court of Western Australia concerning a contractual indemnity: Palmer v CITIC Ltd [No 7] [2023] WASC 202, led by John Karkar KC, instructed by Allens

    Acting for a respondent bank in a class action in the Federal Court alleging breaches of contract and unconscionable conduct in relation to 7-Eleven franchises: Davaria v 7-Eleven Stores Pty Ltd & Ors [2020] FCA 1234, led by Michael O'Bryan QC, instructed by Herbert Smith Freehills

    Acting for a bidco in a scheme of arrangement proceeding in the Supreme Court of Victoria: Re Zenitas Healthcare Ltd (2018), instructed by Herbert Smith Freehills

    Acting for the respondent bank in Federal Court proceedings concerning responsible lending obligations in the context of motor vehicle finance: Australian Securities and Investments Commission v Australia and New Zealand Banking Group Ltd [2018] FCA 155, led by Alan Archibald KC, instructed by Herbert Smith Freehills

    Acting for several defendants in two securities class actions in the Federal Court concerning accounting and forecast financial information in the dairy industry, and trustee obligations of a responsible entity: Webster v Murray Goulburn Co-operative Co. Ltd & Ors [2018] FCA 990; [2017] FCA 1260, 995; Endeavour River Pty Ltd v MG Responsible Entity Ltd [2020] FCA 968, led by Wendy Harris KC, instructed by Herbert Smith Freehills

    Acting for the applicants in two securities class actions in the Federal Court concerning forecast financial information relating to an infant milk formula business: McKay Super Solutions Pty Ltd (Trustee) and Basil v Bellamy’s Australia Ltd [2017] FCA 947, [2020] FCA 461, led by Rachel Doyle SC and John Sheahan KC, instructed by Slater + Gordon and Maurice Blackburn

    Acting for the respondent in a securities class action in the Federal Court concerning accounting and forecast financial information relating to a facilities services business: Court v Spotless Group Holdings Ltd [2020] FCA 1730, led by Michael Garner, instructed by Colin Biggers & Paisley

    Acting for a retailer in relation to an Australian Securities and Investments Commission investigation and infringement notice concerning continuous disclosure (2017), instructed by Herbert Smith Freehills

    Acting for a law firm in Federal Court proceedings relating to the approval of a settlement of a managed investment scheme class action: Kelly v Willmott Forests Ltd (2017), led by Richard Attiwill QC, instructed by Macpherson Kelley

    Acting for the respondent gold mining company in a securities class action in the Federal Court concerning gold production outlook and impairment assessments: Earglow Pty Ltd v Newcrest Mining Ltd (2015-2016), led by Wendy Harris KC, instructed by Herbert Smith Freehills (settled)

    Torts

    Acting for the Commonwealth in a class action in the Federal Court alleging negligence, false imprisonment, misfeasance in public office and race discrimination in relation to people smuggling boat crew: Yasmin v Commonwealth of Australia [2023] FCA 1661, instructed by Australian Government Solicitor

    Acting for a proposed defendant in defamation proceedings in the Supreme Court of Victoria concerning a limitation period: Johnston v Holland [2017] VSC 448, instructed by Slater + Gordon

    Acting for a third party medical services provider in a class action in the Supreme Court of Victoria in proceedings alleging negligence and false imprisonment relating to the Manus Island Regional Processing Centre: Kamasaee v Commonwealth of Australia & Ors (2017), led by Richard Attiwill QC, instructed by Barry Nilsson Lawyers (settled)

    Acting for a defendant electricity distribution company in a class action in the Supreme Court of Victoria alleging negligence, breach of statutory duty and nuisance in connection with the 2014 Mickleham bushfire: Williams v AusNet Electricity Services Pty Ltd & Ors (2016-2017), led by Michael Wheelahan QC, instructed by Herbert Smith Freehills (settled)

    Acting for a former football player in relation to claims against Essendon Football Club and the Australian Football League arising from the Essendon supplements program (2016), instructed by Schetzer Constantinou (settled)

    Acting for the plaintiff in defamation proceedings in the County Court of Victoria concerning a limitation period: Van Garderen v Channel Seven Melbourne Pty Ltd & Ors [2016] VCC 953, instructed by Holding Redlich

    Acting for a defendant electricity distribution company in three class actions in the Supreme Court of Victoria alleging negligence, breach of statutory duty and nuisance in connection with the 2009 Beechworth, Kilmore East-Kinglake and Murrindindi bushfires: Mercieca v SPI Electricity Pty Ltd & Ors (2012), led by Jonathan Beach QC (settled); Matthews v SPI Electricity Pty Ltd & Ors (2012-2014), led by Jonathan Beach QC and Bernie Quinn KC (settled following 208 day trial); Rowe v AusNet Electricity Services Pty Ltd & Ors (2014-2015), led by Philip Solomon KC and Bernie Quinn KC (settled), instructed by Herbert Smith Freehills

    Acting for a defendant litigation funder and its managing director in defamation proceedings in the Supreme Court of Victoria and Court of Appeal: Barrow v McLernon & IMF (Australia) Ltd [2012] VSC 134 and 313, led by Stephen O'Meara QC, instructed by Arnold Bloch Leibler

    Acting for a former Victorian Government Minister defending defamation proceedings in the Supreme Court of Victoria: Lovell v Holding (2011-2012), led by Georgina Schoff KC, instructed by Holding Redlich (settled)

    Acting for a financial advisory firm and its officers in proceedings in the ACT Supreme Court involving allegations of defamation and misuse of confidential information: Taylor v Dixon Advisory Ltd & Ors (2009-2011), led by Jeremy Ruskin KC, instructed by Slater + Gordon (settled)

    Public law

    Acting for the Commonwealth in Federal Court and High Court proceedings under the Racial Discrimination Act 1975 (Cth) concerning the age pension: Fisher v Commonwealth of Australia [2023] FCAFC 106, 181, [2024] HCASL 58, 59, led by Jenny Firkin KC (Federal Court), Stephen Donaghue KC (High Court), instructed by Australian Government Solicitor

    Acting for the Commonwealth respondents in Federal Court proceedings concerning legal representation in class action proceedings: Paschke v Secretary, Department of Social Services [2023] FCAFC 143, instructed by Australian Government Solicitor

    Acting for a respondent wind farm operator in Federal Court proceedings alleging breaches of the National Electricity Rules in connection with the 2016 South Australian blackout: Australian Energy Regulator v Pacific Hydro Clements Gap Pty Ltd [2021] FCA 733, led by Philip Solomon KC, instructed by Allens

    Acting for the defendants in two proceedings in the Victorian Supreme Court and Court of Appeal concerning political party preselection and disciplinary processes: Asmar v Albanese [2021] VSC 782, 672, 334, 324, 263, [2022] VSCA 19; Kairouz v Bracks [2021] VSC 783, 671, 130, led by Peter Willis SC and Tony Lang, instructed by Holding Redlich

    Acting for a union in freedom of information proceedings in the Victorian Civil and Administrative Tribunal concerning access to a report of an inquiry in the TAFE sector: Department of Education and Training v Australian Education Union [2019] VCAT 1667, instructed by the AEU

    Acting for the defendants in a proceeding in the Supreme Court of Victoria concerning a political party preselection: Barker v Australian Labor Party & Ors [2018] VSC 596, 646, instructed by Holding Redlich

    Acting for the Secretary to the Department of Justice and Regulation in the Supreme Court of Victoria and the Court of Appeal opposing a judicial review application to restrain the conduct of the VEOHRC Independent Equity and Diversity Review of the Country Fire Authority and the Metropolitan Fire Brigade: United Firefighters’ Union v VEOHRC & Anor [2018] VSCA 252; [2017] VSC 773, led by Melinda Richards SC, instructed by Victorian Government Solicitor’s Office

    Advising Victorian Government agencies on various constitutional and legislative issues (2016-2017, 2020), with Kristen Walker QC and Richard Niall QC, Solicitors-General for Victoria, instructed by Victorian Government Solicitor’s Office

    Acting for several third parties in freedom of information proceedings in the Victorian Civil and Administrative Tribunal concerning access to commercial information: Medibank Private Ltd v Alfred Health & Ors (2017), instructed by Herbert Smith Freehills (settled)

    Acting for the applicant in freedom of information proceedings in the Victorian Civil and Administrative Tribunal concerning access to research data: Johnson v Cancer Council Victoria [2016] VCAT 1596, led by Charles Scerri KC, instructed by Herbert Smith Freehills

    Acting for the Commonwealth in Federal Court proceedings concerning the Royal Commissions Act 1902 (Cth): CW3 v Commonwealth of Australia (2014), led by Stephen Donaghue KC, instructed by Australian Government Solicitor (settled)

    Acting for the appellant union in High Court proceedings concerning the constitutional validity and statutory interpretation of retrospective legislation: Australian Education Union v General Manager of Fair Work Australia [2012] HCA 19, led by Peter Hanks KC, instructed by Holding Redlich

    Acting for the respondent Members of Parliament in election petition proceedings in the Federal Court under the Commonwealth Electoral Act 1918 (Cth): Green v Bradbury [2011] FCA 71, Freemantle v O'Neill [2011] FCA 72, led by Bret Walker SC and Tony Lang, instructed by Slater + Gordon

    Acting for a defendant in an injunction application in the Supreme Court of Victoria concerning a political party preselection: Jackson v Bitar [2011] VSC 11, led by Kristine Hanscombe KC, instructed by Holding Redlich

    Industrial law

    Acting for an employer organisation in an application to vary the General Retail Industry Award: Application by the Australian Retailers Association [2024] FWCFB 197, 251, , instructed by King & Wood Mallesons

    Acting for certain respondent franchisees in a class action in the Federal Court concerning paid breaks in the fast food industry: Singh v Kentucky Fried Chicken Pty Ltd [2024] FCA 1180, instructed by Corrs Chambers Westgarth

    Acting for a respondent labour hire company in a class action in the Federal Court concerning casual employment: Ridge v Hays Specialist Recruitment (Australia) Pty Ltd [2024] FCA 328, instructed by Corrs Chambers Westgarth

    Acting for the applicant income protection insurer in Federal Court proceedings involving claims under the ASIC Act: ATC Insurance Solutions Pty Ltd v United Firefighters' Union of Australia [2023] FCA 566, instructed by Holding Redlich

    Acting for several teachers in Federal Court proceedings under the Disability Discrimination Act 1992 (Cth) concerning reasonable adjustments: Dunwill & Ors v Secretary to the Department of Education and Training (2019-), instructed by Holding Redlich

    Acting for the respondent in a class action and regulatory proceeding in the Federal Court alleging underpayment under the General Retail Industry Award: Pabalan v Coles Supermarkets Australia Pty Ltd [2021] FCA 118 and Fair Work Ombudsman v Coles Supermarkets Australia Pty Ltd, led by Rachel Doyle SC and Marc Felman KC, instructed by Herbert Smith Freehills

    Acting for the respondent labour hire companies in two class actions in the Federal Court concerning casual employment: Turner v TESA Mining (NSW) Pty Ltd & Ors [2019] FCA 1644, [2022] FCA 151 and Hill v Skilled Workforce Solutions (NSW) Pty Ltd (2019-), led by Paul O'Grady KC, instructed by Herbert Smith Freehills

    Acting for the applicant teacher in a proceeding in the Federal Court alleging breaches of an enterprise agreement concerning fixed term employment at a TAFE institute: Kappes v Goulburn Ovens Institute of Technical and Further Education (2017-18), instructed by Holding Redlich

    Acting for the respondent union in an application by a university in the Fair Work Commission to terminate an enterprise agreement: Murdoch University [2017] FWCA 4472; and for the respondent union and its officers in Federal Court proceedings concerning enterprise bargaining: Murdoch University v National Tertiary Education Industry Union & Ors [2017] FCA 1507, led by Richard Attiwill QC, instructed by Maurice Blackburn

    Acting for the applicant Commonwealth regulator in civil penalty proceedings in the Federal Court alleging breaches of statutory governance obligations by the Health Services Union and its former officers: General Manager of the Fair Work Commission v Thomson [2015] FCA 308 and 1001, led by Stephen Donaghue KC, instructed by Corrs Chambers Westgarth; and General Manager of Fair Work Australia v Health Services Union & Ors [2014] FCA 970, led by Stephen Donaghue KC, instructed by Australian Government Solicitor

    Acting for the applicant union in an application in the Fair Work Commission for a majority support determination relating to editorial staff in the Australian Football League's media operation, AFL Media: Media, Entertainment and Arts Alliance v Australian Football League [2014] FWC 8898, instructed by Maurice Blackburn

    Acting for the applicant Commonwealth regulator in civil penalty proceedings in the Magistrates' Court of Victoria alleging underpayment of award wages and record-keeping contraventions by a 7-Eleven franchisee affecting employees on international student visas: Fair Work Ombudsman v Bosen Pty Ltd & Ors [2011] VMC 21, instructed by Maurice Blackburn and FWO

    Acting for the applicant Commonwealth regulator in civil penalty proceedings in the Federal Magistrates' Court alleging underpayment of award wages affecting employees on 457 visas and apprentices: Fair Work Ombudsman v Taj Palace Tandoori Indian Restaurant Pty Ltd [2012] FMCA 258, instructed by FWO; Fair Work Ombudsman v Bottcher [2010] FMCA 956, instructed by FCB Workplace Law

    Acting for the applicant forensic scientist in Federal Court proceedings against the Chief Commissioner of Police seeking an injunction against suspension from employment under the Public Administration Act 2004 (Vic): Quinn v Overland [2010] FCA 799, led by Rachel Doyle SC, instructed by Maurice Blackburn

    Acting for the respondent employer in proceedings in Fair Work Australia concerning a dismissal based on redundancy: Nichols v Hoad Fabrics Corp Pty Ltd [2010] FWA 6205, instructed by Holding Redlich

    Acting for the respondent employee in appeal proceedings in Fair Work Australia concerning the power to grant permission to appeal: GlaxoSmithKline Australia Pty Ltd v Makin [2010] FWAFB 5343, instructed by the National Union of Workers


    From 04 Jun 2009, liability limited by a scheme approved under Professional Standards legislation.

  • Lipinski Justin

    Justin has a broad commercial practice, incorporating general corporate and commercial law, insurance, building and construction, insolvency, and class actions.

    Current and recent matters include:

    Commercial Matters

    • Biodiversity v Vaughan Constructions (Supreme Court of Appeal, Supreme Court and VCAT): Acted for a design & construct contractor in a large dispute concerning allegations of breach of contractual warranties under a D&C Contract (led by Tim Margetts KC, with Will Thomas and Hamish McAvaney, instructed by Piper Alderman). Settled five weeks into an estimated eight-week trial before the Honourable Justice Delany. As part of the proceeding, successfully resisted an appeal of an interlocutory decision in the Court of Appeal: Melbourne Water Corporation v Vaughan Constructions Pty Ltd & Ors [2022] VSCA 241.
    • Victorian Workcover Authority v Baldwin (Supreme Court): Acting for a Defendant in a proceeding brought under the Dangerous Goods Act 1985 (Vic) following a fire at a warehouse in Tottenham (led by Chris Young KC, with Tim Jeffrie, instructed by Gadens).
    • Ikosidekas v Glenis [2023] VSCA 134; Ikosidekas v MWL Finance Pty Ltd [2022] VCC 633 (Supreme Court of Appeal, County Court): Acted for the respondent in an appeal and trial concerning allegations of fraud and misleading or deceptive conduct (unled, instructed by Stenta Legal).
    • Zacole Pty Ltd v Longboat Holdings GroupNo3 Pty Ltd (Supreme Court): Acted for the trustee of an investment trust in a dispute with unitholders, including application to stay proceedings by reason of an arbitration agreement, and injunction application: Longboat Holdings group no 3 v Zacole Pty Ltd [2021] VSC 280 (led by Robert Craig KC, instructed by Hall & Wilcox).
    • Laguna Bay Pastoral Company Pty Ltd v Schroder Adveq and other (Supreme Court): Acted for the trustee of an investment trust with respect to a dispute with unitholders concerning the construction and rectification of a trust deed (settled) (led by Robert Craig KC, instructed by Corrs Chambers Westgarth).
    • A number of oppression cases, including:
      • Riseley Investments Pty Ltd v Sumo Australia Limited (Supreme Court): defended a shareholder oppression proceeding brought my minority shareholders (settled) (led by Pat Zappia KC, instructed by Bird & Bird) 
      • In the Matter of Gunn Freight Pty Ltd (Supreme Court): acted for a minority shareholder in an oppression proceeding (settled) (led by Robert Craig KC, instructed by Holding Redlich).
      • In the matter of Synstrat Accounting Pty Ltd (Supreme Court): acted for a minority shareholder in an oppression proceeding (settled) (led by Ian Upjohn KC, instructed by Webb Korfiatis Commercial).
    • Craigieburn Junction v Perpetual Corporate Trust Limited (County Court): Acted for a developer in a dispute with an investor relating to the construction of a development agreement (settled) (led by Robert Craig KC, instructed by Hall & Wilcox).
    • The Summit Group (Australia) Pty Ltd v Owners Corporation PS746020J [2020] FCA 1847 (Federal Court): Acted for the successful respondents in a trial concerning intended land access by a telecommunications carrier (unled, instructed by SBA Law).

    Insurance

    • Acted for five reinsurers with respect to a dispute with a captive insurer in relation to liability arising from multiple class action proceedings in the United States (led by Richard Attiwill KC (as his Honour then was), instructed by Kennedys).
    • Australia Pacific Airports (Melbourne) Pty Ltd v CPB Contractors Pty Ltd (County Court): Acting for the owner of Melbourne airport in a dispute with a contractor following flooding (unled, instructed by Lander & Rogers).
    • Alamin Pty Ltd v Clear Pumping Services Pty Ltd (County Court): Acting for an owner of a hotel in a dispute with a plumber following alleged flooding (unled, instructed by Lander & Rogers).
    • Cafecco Pty Ltd v Prolux Electrical Contractors Pty Ltd & Anor (County Court): Acting for a landlord in relation to a dispute concerning a fire at a building (settled) (unled, instructed by Lander & Rogers).
    • Owners Corporation No. 1 PS518446V v City West Water Corporation: Acting for a water authority in relation to a claim for damage caused by a burst water main (unled, instructed by Sparke Helmore).
    •  McCarthy v Reade (Supreme Court of Tasmania): Acting for an accountant in a dispute with former clients in relation to an alleged breach of retainer and alleged negligence (unled, instructed by Wotton + Kearney).

    Building and Construction

    • 620 Collins Street Melbourne v Koble Projects (County Court): Acting for a commercial builder in relation to an alleged breach of a commercial construction contract (unled, instructed by Wotton + Kearney).
    • Koolio v Watpac & Ors (VCAT): Acting for a surveyor in relation to a claim for alleged cladding related defects (unled, instructed by Lander & Rogers).
    • Owners Corporation Plan No 625721C v Prime Projects Construction (VCAT): Acting for an architect in relation to alleged defects relating to waterproofing (unled, instructed by Lander & Rogers).
    • Hartman Constructions v Upton (Supreme Court): Acted for a builder in an appeal pursuant to s 148 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) of a VCAT decision in relation to breach of warranties by a builder (Settled) (unled, instructed by Consult Solicitors).
    • Rose v GMakcon Pty ltd & Ors (VCAT): Acted for a builder in a proceeding concerning allegations of breaches of implied warranties (settled) (unled, instructed by Lander & Rogers).
    • A.M.O. Rifat Holdings v Dib (VCAT): Acted for a builder in a 4 day trial before Woodward J concerning unpaid progress payments and alleged defects. Judgment currently reserved (Unled, instructed by Ward + Co).

    Practice and Procedure

    • Atomos Limited v McGechie (Supreme Court) [2023] VSC 754: Successfully resisted an appeal of a decision to refuse to stay a proceeding on the ground of forum non conveniens.
    • Atomos Limited v McGechie (Supreme Court): Successfully resisted an application by a Defendant to stay a proceeding on the ground of forum non conveniens (led by Ben Gibson, instructed by Mills Oakley).
    • Biodiversity v Vaughan Constructions (Supreme Court): Acted for the respondent to an application for a freezing order (settled) (led by Jonathan Moore KC, instructed by Piper Alderman)
    • Reindel v Confreight Pty Ltd (No 1) [2022] VSC 163; Reindel v Confreight (No 2) [2022] VSC 442: Successfully obtained orders for the removal of caveats in a dispute between a developer and investors (instructed by Mills Oakley).
    • Re Tech2Home (Communications) Pty Ltd (admins apptd) [2022] VSC 580: successfully obtained an extension of the convening period of a group of companies in administration.
    • Re Soar Aviation Aircraft Holdings Pty Ltd (in liq) and Gobel Aviation Pty Ltd (in liq) [2022] VSC 812: Successfully obtained leave to proceed against two companies in liquidation.
    • Summary judgment applications, including:
      • Kirdeikis v Laurent & Anor (Supreme Court): Successfully obtained summary dismissal of the Plaintiff’s Statement of Claim (unled, instructed by Tisher Liner FC Law).
      • Jayfield Pty Ltd v McLennan & Ors (Supreme Court): Successfully obtained summary dismissal of the Plaintiff’s Statement of Claim (unled, instructed by Stenta Legal).
      • Lidgett v Lidgett [2023] VSC 705 (Supreme Court): Successfully resisted an application for summary judgment (unled, instructed by Heinz Law).
    • Jender v Flood Emergency Services Group [2021] VSC 505: Successfully obtained indemnity costs following judicial review of a Magistrates’ Court decision (instructed by Wisewould Mahoney).

    Before coming to the bar, Justin was a Senior Lawyer at Clayton Utz. During his time at Clayton Utz, Justin represented clients in a variety of commercial disputes, including large product liability class actions.

    Earlier, Justin was Associate to Justice Hammerschlag, head of the Commercial List of the Supreme Court of New South Wales.

    Justin holds a Bachelor of Arts and Bachelor of Laws, with first class honours, from Monash University.

    Liability limited by a scheme approved under Professional Standards legislation.


    From 25 October 2019, Liability limited by a scheme approved under Professional Standards legislation.

  • Jegatheesan Ganesh

    Ganesh practices in commercial and public law. He has appeared as sole counsel and led by senior counsel in a wide range of matters spanning corporations and financial services, insurance law, employment law, defamation and judicial review proceedings.

    Prior to joining the Bar, Ganesh served as Senior Associate to the Honourable Justice Michael Sifris and the Honourable Justice Clyde Croft AM of the Supreme Court of Victoria. He also has significant regulatory and policy experience, having worked in the Mergers and Authorisation and Enforcement branches of the Australian Competition and Consumer Commission, as well as the Australian Taxation Office and as a staffer in Federal Parliament to the Honourable Mark Dreyfus KC.

    Matters in which Ganesh has been briefed include:

    • Asmar v Albanese & Ors; Kairouz v Bracks & Macklin & Ors (Supreme Court of Victoria and High Court of Australia, led by B Walker SC, P Willis SC, AD Lang and J Kirkwood) (Judicial Review): Briefed for the National Executive of the Australian Labor Party in relation to an application for judicial review with respect to the 2020 intervention into the Victorian branch of the ALP.
    • Australian Securities and Investments Commission v Bringans & Ors (Administrative Appeals Tribunal, led by Dr P Bender) (Merits Review, Financial Services): Briefed for ASIC in relation to an appeal against disqualification orders made by a delegate of the regulator against three directors of a financial services business following alleged breaches of the Corporations Act 2001 (Cth).
    • Pinnacle v QBE Insurance (Supreme Court of Victoria, led by T Scotter (Trial) and S Gladman SC (Appeal)) (Insurance): Briefed for the plaintiff insured in a proceeding concerning the construction of a third-party liability insurance policy and associated contractual documents.
    • Gobets Investments v Multi-Wing Group Australia (Supreme Court of Victoria, led by C Gunst KC) (Corporations Law, Employment) – Briefed for the Plaintiff in relation to alleged oppressive conduct and breaches of directors’ duties as arising from wrongful termination of employment.
    • ATC Insurance v United Firefighters Union of Australia (Federal Court of Australia, led by J Kirkwood SC) (Insurance, Industrial Law) – Briefed for the Plaintiff in relation to allegations of misleading and deceptive conduct under s12DA of the Australian Securities and Investments Commission Act 2001 (Cth) and injurious falsehood against the defendant union.
    • Riazaty v University of Melbourne Student Union (Supreme Court of Victoria, led by P Willis SC) (Judicial Review): Briefed for the defendant student union in relation to allegations of oppression and resolutions allegedly passed ultra vires concerning the boycott-divest-sanction (BDS) movement.
    • Theophanous v Darebin City Council (Supreme Court of Victoria) (Led by AD Lang): Briefed for the plaintiff in relation to a dispute regarding electoral signage during the 2022 Victorian State Election.
    • Waterco Ltd v Australian Pesticides and Veterinary Medicines Authority (Federal Court of Australia, led by F McLeod SC) (Judicial Review): Briefed for the Commonwealth regulator in relation to an urgent interlocutory injunction and application for judicial review.
    • Wilks v Qu (County Court of Victoria, led by S Mukerjea) (Defamation): Briefed for the plaintiff in a defamation proceeding.
    • Tam v Worksafe Victoria [2023] NSWSC 173 (Supreme Court of New South Wales) (Led by PJ Hayes KC) (Insurance, Judicial Review): Briefed for the Respondent workplace health and safety regulator to defend an application for judicial review.

    Ganesh read with Jonathan Kirkwood and his senior mentor is Peter Collinson KC.

    Liability limited by a scheme approved under the Professional Standards Legislation


  • Jones Iain

    Previously a Partner in Herbert Smith Freehills (Sydney and then Melbourne).
    J.B. Chifley Prize for Economics (NSW HSC).
    National Undergraduate Scholar (1974 to 1978).
    University Prizes in Mathematical Economics, Politics, Economics and Law.
    Member of the Global Foundation.
    Appeared in commercial trials and appeals in all Australian states and Federal jurisdictions.

    Practice in General Commercial and Equity Law, with emphasis on Corporations, Property, Insolvency, Equity, Finance, Contract, Probate, Trade Practices and Administrative Law.

    Substantial experience as a Mediator.

    Victorian Bar Committee Memberships (Library Committee)

    "From 1st July 2011, liability limited by a scheme approved under Professional Standards Legislation."

  • Lucas Gregory S.

    Greg joined the Victorian Bar in 1991 and has a broad commercial practice which is involved in appearing in the following jurisdictions:

    • Interlocutory applications and conducting trials in the County Court, Supreme Court and Federal Court.
    • Appearances before specialists' administrative tribunals and boards and disciplinary bodies including
    • VCAT.Appeals from tribunals to the Supreme Court.
    • Specialist lists in the County Court, Supreme Court and Federal Court.
    • Mediation both as Mediator and representing litigants.
  • Klemens Mark

    Practises mainly in civil jurisdiction of all courts including VCAT.

    Significant experience in Personal Injuries, Contract/Commercial disputes, Industrial Relations Commission (Employment). Mediator. Paperwork. Experienced in publishing, television and recording contracts/negotiations/disputes.

  • Niko Kordos


    Niko practises primarily in employment and commercial law. He also accepts briefs in public law and common law matters.

    Before coming to the bar, Niko was the Associate to His Honour Justice Cosgrave (then Judge Cosgrave) and later worked as a solicitor-advocate for Safe Transport Victoria where he ran prosecutions and merits reviews.

    Earlier, Niko practised as a solicitor in the employment and dispute resolution teams at Gadens.

    Niko holds a Bachelor of Arts from Monash University and a Bachelor of Laws (first class honours) from Victoria University where he sits on the Law Faculty’s Program Advisory Committee.

    Niko read with Jack Tracey SC and his senior mentors are Anthony Strahan KC and Paul O'Grady KC.

    Liability limited by a scheme approved under Professional Standards Legislation.

  • Lum Christopher

    Chris practises mainly in commercial law, equity and trusts law, and public law. He also has experience in anti-discrimination matters. Chris has advised and appeared on behalf of corporations, government bodies and individuals in a range of courts and tribunals, at both trial and appellate level.

    Before coming to the Bar, Chris worked as a senior associate to the Honourable Chief Justice Marilyn Warren AC and the Honourable Justice Melanie Sloss at the Supreme Court of Victoria, as a solicitor at Allens working on tax and intellectual property litigation, and as an associate to the Honourable Justice Susan Kenny AM at the Federal Court of Australia.

    Chris completed a Bachelor of Arts and a Bachelor of Laws with Honours at the University of Melbourne, where he graduated second in his LLB cohort. He is proficient in French and spent an exchange semester at the Université Jean Moulin Lyon III during his studies. In 2017, Chris completed a Bachelor of Civil Law at Balliol College, Oxford.

    Chris is deputy co-chair of the Victorian Bar's Pro Bono Committee and a reporter for the Victorian Reports. He read with Jonathan Kirkwood SC.

    Matters in which Chris has been briefed include:

    Commercial and corporations law

    • Acting for the appellant in an appeal to the Full Federal Court concerning the capacity of a second mortgagee to exercise its power of sale over land: Runner Investment Ltd v Mt Duneed Investments Pty Ltd & Ors (2024-), led by Peter Bick KC, instructed by SBA Law
    • Acting for third party respondents at interlocutory stages of a complex property settlement proceeding in the Federal Circuit and Family Court of Australia (Division 1) and in related appeals (2023-24), led variously by Allan Myers KC, Ian Waller KC, Peter Collinson KC and Justin Mereine, instructed by HWL Ebsworth
    • Acting for the plaintiffs and various defendants by cross-claim in a shareholder oppression proceeding in the Supreme Court of Victoria: Re Islamic Co-ordinating Council of Victoria Pty Ltd [2024] VSC 332, led by Peter Bick KC, instructed by Russell Kennedy (2021-2023) and SBA Law (from 2023)
    • Acting as amicus curiae in proceedings in the Victorian Civil and Administrative Tribunal concerning the interpretation of a new provision of the Owners Corporations Act 2006 (Vic): Owners Corporation 1 Plan No. PS735439F v Singh (Owners Corporations) [2022] VCAT 389, led by Meg O'Sullivan KC
    • Acting for the appellant in an appeal concerning the discontinuance of a proceeding in circumstances where a counterclaim with a complex history remained on foot: Ganesh v National Australia Bank Ltd [2021] VSCA 45, led by Gabi Crafti SC
    • Acting for a defendant to a voidable transaction claim in an application for a temporary stay of proceedings in the Supreme Court of Victoria: Rysze International Pty Ltd v Guan & Anor [2021] VSC 706, unled, instructed by J Lei & Co
    • Acting for the tenant in a proceeding in the Supreme Court of Victoria concerning the exercise of an option to renew a commercial lease: Omar Property Pty Ltd & Ors v Amcor Flexibles (Port Melbourne) Pty Ltd [2020] VSC 216 and 17; [2019] VSC 446 and 627, led by David Collins KC and Louie Hawas, instructed by Baker McKenzie
    • Acting for the respondents to an appeal concerning a default judgment entered in the County Court of Victoria: Yang v Finder Earth Pty Ltd & Anor [2019] VSCA 22, led by Philip Solomon KC, instructed by Canaan Lawyers
    • Acting for a statutory authority intervening in a proceeding in the Building and Property list of the Victorian Civil and Administrative Tribunal: Zaitsev v Nicholson Wright Pty Ltd (Building and Property) [2019] VCAT 1508, unled, instructed by Allens

    Equity and trusts law

    • Acting for the respondents in a proceeding in the Federal Court of Australia concerning the interpretation of a trust document: Larkspur Tribeca Ltd & Anor v iSignthis Ltd & Ors (2024-), led by Justin Mereine, instructed by HWL Ebsworth
    • Acting for the plaintiffs in a proceeding in the Supreme Court of Victoria concerning the beneficial ownership of certain funds in court: Re Outrigger Hotels Pty Ltd & Anor (Efthim AsJ, 27 February 2024), unled, instructed by HWL Ebsworth
    • Acting for the plaintiff in a proceeding in the Supreme Court of Victoria concerning distributions made from two family trusts: Cleeve v Cleevecorp Pty Ltd & Ors (2023), led by Ian Waller KC, instructed by HWL Ebsworth (settled)
    • Acting for the contradictor in a proceeding in the Supreme Court of Victoria concerning a missing trust deed: Re Cleeve Group Pty Ltd [2022] VSC 342 and 362, led by Ian Waller KC, instructed by HWL Ebsworth
    • Acting for unitholders of a managed investment trust in a proceeding in the Supreme Court of Victoria concerning the calculation of fees payable to the trustee: Laguna Bay Pastoral Company Pty Ltd as trustee for the Adveq Almond Trust 2 v Schroder Adveq Real Assets Harvested Resources LP & Ors (2020), led by Ian Waller KC and Tomaso Di Lallo, instructed by Baker McKenzie (settled)

    Public law

    • Acting for the National Disability Insurance Agency in various proceedings in the Administrative Appeals Tribunal (2021-), unled, instructed by Australian Government Solicitor, HWL Ebsworth, Ashurst and Maddocks. Matters proceeding to decision include [2022] AATA 3207 and [2023] AATA 4156.
    • Acting for the plaintiff in a judicial review proceeding in the Supreme Court of Victoria concerning decisions by the Environment Protection Authority to amend licence conditions relating to the air emissions of three brown coal-fired power stations: Environment Victoria Inc v AGL Loy Yang Pty Ltd & Ors [2022] VSC 814 and [2023] VSC 86, led by Ron Merkel SC with Rupert Watters and Matthew Albert, instructed by Environmental Justice Australia
    • Acting for applicants in various judicial review proceedings in the Federal Court of Australia and the Federal Circuit and Family Court of Australia concerning visa cancellations (2021-), unled, instructed by Victoria Legal Aid
    • Acting for the recipients of notices to produce issued by the Director of the Medicare Professional Services Review scheme in a judicial review proceeding in the Federal Court of Australia: I-MED Radiology Network Ltd v Director of Professional Services Review [2020] FCA 1645, led by Stephen Moloney with Nick Elias, instructed by Kennedys
    • Acting for the respondent to an application in the Review and Regulation list of the Victorian Civil and Administrative Tribunal: Draper v Victorian Building Authority (Review and Regulation) [2019] VCAT 1837, unled, instructed by the Victorian Building Authority

    Discrimination and employment/industrial law

    • Acting for the plaintiffs in Federal Court proceedings under the Racial Discrimination Act 1975 (Cth) concerning the Western Australian fines enforcement system: Roe & Ors v Western Australia (2023-), led by Ron Merkel SC with Ben Slade, instructed by Levitt Robinson
    • Acting for teachers in Federal Court proceedings under the Disability Discrimination Act 1992 (Cth) (2020-21), led by Jonathan Kirkwood and Fiona Knowles, instructed by Holding Redlich (settled)
    • Acting for an employer in an enterprise agreement approval application: Karijini Rail Pty Ltd [2019] FWC 2907, led by Stuart Wood KC with Dimitri Ternovski, instructed by S Billing & Associates

    Advice

    • Chris provides advice both led and unled on a diverse range of matters, in relation to ongoing and prospective court proceedings.
    • From 2019 to 2021, Chris assisted a joint working group of the Family Court of Australia and Federal Circuit Court of Australia with the harmonisation of the rules of court applicable in the family law jurisdiction, led by Dr Chris Jessup KC and Ray Finkelstein KC, with Emma Poole.


    Liability limited by a scheme approved under Professional Standards Legislation

  • McComish James

    James practises mainly in commercial and public law. He has particular interests in equity and trusts, insurance, and in cross-border disputes.

    Before coming to the bar, James was an Associate at Allens, where he practised in commercial litigation with a focus on regulatory and insurance-related disputes.

    He graduated from the University of Melbourne with first class honours in law, history and art history, and from the University of Oxford with a doctorate in history.

    In 2007, he was Associate to Justice Gummow of the High Court of Australia. He is a past editor of the Melbourne University Law Review, and is a reporter for the Commonwealth Law Reports. He is the Honorary Correspondent for the Selden Society in Victoria.

    James teaches Trusts at the University of Melbourne. He formerly taught law at the University of Cambridge, where he was a fellow of Selwyn College.

    James read with Michael Rush KC. His senior mentor is Philip Solomon KC.

    Cases:

    High Court of Australia

    • GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32 (for the appellant, led by P D Herzfeld)
    • Binsaris v Northern Territory (2020) 270 CLR 549 (for the appellants, led by B W Walker SC and K E Foley)
    • Hocking v Director-General of the National Archives of Australia (2020) 271 CLR 1 (for the respondent, led by S P Donaghue QC, C L Lenehan SC and D M Forrester)
    • Mann v Paterson Constructions Pty Ltd (2019) 267 CLR 560 (for the respondent, led by J P Moore QC and A J Laird)
    • Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 268 CLR 524 (for the respondent, led by J P Moore QC)

    Victorian Court of Appeal

    • Melbourne Water Corporation v Vaughan Constructions Pty Ltd [2022] VSCA 241 (for the appellant, led by P H Solomon KC and R Andrew)
    • Lonergan v Sisters of St Joseph [2022] VSCA 208 (for the appellant, unled, with A Wharldall)
    • Butler v Kenny [2022] VSCA 102 (for the respondents, unled)
    • Willis v Crosland (No 2) [2021] VSCA 360 (for the appellant, led by P H Solomon QC)
    • Willis v Crosland (2021) 65 VR 1; [2021] VSCA 320 (for the appellant, led by P H Solomon QC)
    • Amcor v Barnes (No 2) [2021] VSCA 87 (for the first respondent, unled)
    • Amcor v Barnes [2021] VSCA 6 (for the first respondent, led by J P Moore QC)
    • Schmidt v AHRKalimpa Pty Ltd [2020] VSCA 193 (for the appellants, led by J P Moore QC and C R Northrop)
    • Noori v Topaz Fine Foods Pty Ltd [2018] VSCA 323 (for the respondent, led by J Ruskin QC)
    • McNab v Graham (No 2) [2018] VSCA 8 (for the respondents, led by M F Wheelahan QC)
    • McNab v Graham (2017) 53 VR 311; [2017] VSCA 352 (for the respondents, led by M F Wheelahan QC)
    • Royal Bank of Scotland PLC v Babcock & Brown DIF III Global Co-Investment Fund LP [2017] VSCA 138 (for the first appellant, led by M I Borsky QC)
    • Mitchell v Latrobe Regional Hospital (2016) 51 VR 581; [2016] VSCA 342 (for the plaintiff, led by M F Wheelahan QC)

    Full Federal Court

    • Mawhinney v Australian Securities and Investments Commission (No 2) [2022] FCAFC 205 (unled)
    • Mawhinney v Australian Securities and Investments Commission (2022) 405 ALR 292; [2022] FCAFC 159 (unled)
    • Campbell v Northern Territory of Australia (2022) 289 FCR 148 (for the appellant, unled)
    • TechnologyOne Ltd v Roohizadegan (2021) 309 IR 262; [2021] FCAFC 137 (for the appellants, led by S J Wood QC and B Jellis, with P J Jeffreys)

    Supreme Court of Victoria

    • The Uniting Church in Australia Property Trust (Vic) v Attorney-General (Vic) (No 2) [2022] VSC 764 (for the plaintiff, unled)
    • The Uniting Church in Australia Property Trust (Vic) v Attorney-General (Vic) [2022] VSC 610 (for the plaintiff, unled)
    • Re HEST Australia Ltd (2021) 66 VR 338; [2021] VSC 809 (for the plaintiff, led by P H Solomon QC, with J R Wang)
    • Re Estate of Henry Brough Smith; Perpetual Trustee Company Ltd v Uniting (Victoria and Tasmania) Ltd (2020) 19 ASTLR 531; [2020] VSC 378 (for the first and second defendants, unled)
    • Re Coghlan; Merriman v Attorney-General (No 2) [2020] VSC 668 (for the plaintiff, unled)
    • Re Coghlan; Merriman v Attorney-General for the State of Victoria [2020] VSC 392 (for the plaintiff, unled)
    • Sheppard v Uniting Church in Australia Property Trust (Vic) [2020] VSC 12 (for the defendant, unled)
    • Chickabo Pty Ltd v Zphere Pty Ltd (No 2) [2019] VSC 580 (for the plaintiffs, led by J P Moore QC)
    • Re Wilson: Wilson v Dillon [2019] VSC 211 (for the plaintiff, unled)
    • Chickabo Pty Ltd v Zphere Pty Ltd (2019) 57 VR 406; [2019] VSC 73 (for the plaintiffs, led by J P Moore QC)
    • Re Milenkovich; State Trustees Ltd v Melbourne Health [2018] VSC 598 (for Melbourne Health, led by I J Hardingham QC)
    • Presbyterian Church of Victoria Trusts Corporation v Anstee (No 4) [2018] VSC 200 (for the sixth defendant, Board of Management of the Scots’ Church, unled)
    • Babcock & Brown DIF III Global Co-Investment Fund LP v Babcock & Brown International Pty Ltd (No 2) [2017] VSC 556 (for Royal Bank of Scotland, led by M I Borsky QC)
    • Presbyterian Church of Victoria Trusts Corporation v Anstee (No 2) [2017] VSC 102 (for the sixth defendant, Board of Management of the Scots’ Church, led by P H Solomon QC)
    • Re Ausinca Resources Limited [2017] VSC 129 (for the plaintiffs, unled)
    • Babcock & Brown DIF III Global Co-Investment Fund, LP v The Royal Bank of Scotland PLC [2016] VSC 769 (for the defendant / applicant, led by M I Borsky SC)

    Supreme Court of New South Wales

    • David v Kazal [2019] NSWSC 1763 (for the defendants, unled)
    • DIF III – Global Co-Investment Fund LP v Babcock & Brown International Pty Ltd [2019] NSWSC 527 (for Royal Bank of Scotland, led by P Zappia QC)

    Supreme Court of Western Australia

    • Cardaci v Cardaci [No 5] [2021] WASC 331 (for the plaintiff, led by M D Cuerden SC, G D Cobby SC, and L Pham)
    • Cardaci v Cardaci [No 2] [2019] WASC 274 (for the plaintiff, led by M D Cuerden SC)

    Federal Court of Australia

    • White (Trustee) v MWL Financial Group Pty Ltd [2018] FCA 2018 (for the applicants, led by J P Moore QC)

    Victorian Civil and Administrative Tribunal

    • Vaughan Constructions Pty Ltd v Melbourne Water Corporation (Building and Property) [2022] VCAT 821 (for Melbourne Water, led by P H Solomon QC and R Andrew)
    • Vaughan Constructions Pty Ltd v Melbourne Water Corporation (Building and Property) [2022] VCAT 633 (for Melbourne Water, led by P H Solomon QC and R Andrew)

    From 6th May 2016, liability limited by a scheme approved under Professional Standards legislation.

  • McLeod Fiona

    Fiona practises in commercial law including regulatory matters, consumer protection and financial services, common law including historical abuse claims and class actions, and public law matters including Royal Commissions appearing in jury and judge-alone trials and appeals. She has prosecuted and defended criminal maters including Work Health Safety and Commonwealth crimes including slavery charges.

    She represented the Commonwealth in major cases including leading the legal team in the Victorian Bushfires Royal Commission, Queensland Floods Commission and the Royal Commission into Institutional Child Sex Abuse and regularly appears for the Department of Defence and Home Affairs. She led the legal team representing the successful plaintiff in the Murrindindi bushfire class action and the plaintiffs in the Don Dale class action.

    Fiona is a leader of the national and international legal profession having led the Law Council of Australia, Australian Bar Association, Victorian Bar and Australian Women Lawyers. She is the Co-Chair of the Diversity and Inclusion Council and an officer of the Bar Issues Committee of the International Bar Association and a member of the Council of the Commonwealth Lawyers Association.

    She has been recognised as an outstanding advocate and leader of the profession and has chaired and contributed to numerous government Boards and Working Groups.

    She has been a champion for diversity and inclusion and has received numerous awards, including for her contribution to the advancement of women and human rights issues, in particular, human trafficking. She was appointed to the Victorian Honour Roll of Women in 2014 and was appointed an Officer of the Order of Australia in the 2020 Australia Day Honours for ‘distinguished service to the law, and to the legal profession, at the national and international level, and to women lawyers’ .

    Fiona graduated with Bachelor of Arts, Bachelor of Laws and Master of Public & International Law from the University of Melbourne. She completed the Australian Institute of Company Directors, Company Directors Course in 2017.

    Fiona is actively engaged in supporting government and institutional transparency and integrity. She is the Chair of the Accountability Round Table and a former Chair of Transparency International Australia and the Open Government Forum.

    Recent cases include:

    ASIC v RI Advice, Civil penalty proceedings against RI Advice concerning cyber security risk management for financial services advisors and licensees

    Pabai & Anor v Commonwealth, Landmark climate change class action on behalf of Torres Strait Islanders

    PCB v Geelong College, Negligence claims, record damages awarded to survivor of child sex abuse

    John XXIII College v SMA, Appeal against negligence for directing students off campus and response to assault claims

    CDPP v Defence Workhealth and Safety charges concerning death of a solider in training exercise

    CDPP v Defence Successful defence at trial of WHS charges, now on appeal, concerning electrocution of soldiers in training exercises

    Disability Royal Commission Appearing for service provider Aruma Disability Services

    McDonald v Commonwealth Class action claims for historic unpaid wages in the Northern Territory

    Various plaintiffs v Commonwealth Claims by various employees working in offshore detention facilities on Manus Island

    R v Kannan Slavery and domestic servitude

    Sheridan v Australian Pacific Airports and Australian Federal Police Airport licensing, allegations of assault and false imprisonment

    fionamcleodsc.com

    Liability limited by a scheme approved under Professional Standards Legislation.

  • McLachlan Banjo

    Before coming to the Bar, Banjo was a Senior Associate at Allens Arthur Robinson and the Associate to the Honourable Justice Middleton of the Federal Court of Australia. He graduated from the University of Adelaide with degrees in Law (with Honours) and Science, and undertook a year of his law degree in French at the Universite de Poitiers in France.

    Banjo practises in commercial litigation. Significant matters include the following:

    Acting for Honda Australia in proceedings brought by former dealers.

    Glideware Pty Ltd v Hadad [2024] VSC 34.

    Acting for Aveo Group Limited in the Federal Court class action (Luke v Aveo Group Limited (No 3) [2023] FCA 166) .

    Acting for Aveo Group Limited in the Federal Court class action

    Diversa Pty Ltd v Taiping Trustees Ltd [2022] FCA 316 (with Vanessa Whittaker SC and Nicholas Mirzai)

    McCallum, in the matter of Re Holdco Pty Ltd (No 2) [2021] FCA 377

    Ford (Administrator), Re The PAS Group [2020] FCA 1873

    Mentha v Epic Energy South Australia Pty Ltd (No 2) [2018] FCA 925

    SMEC Holdings Pty Ltd v Commissioner of the AFP [2018] FCA 609

    Acting for Bank of Queensland in the Financial Services (Banking) Royal Commission.

    Aftermarket Network Australia Pty Ltd v Certain Underwriters at Lloyd’s [2016] FCA 1402

    Mentha, in the matter of Arrium Limited (administrators appointed) [2016] FCA 1357

    State Street Australia Ltd v Retirement Villages Group Management Pty Ltd [2016] FCA 675

    Re Banksia Securities Ltd (in liq) (recs and mgrs apptd) [2016] NSWSC 357

    Re Donnelly and Ors (in their capacities as joint and several administrators of Carpenter International Pty Ltd (ACN 165 690 657) (admins apptd)) - (2016) 111 ACSR 477; [2016] VSC 118

    Lanka Graphite Limited (formerly Viculus Limited) [2015] FCA 798

    ASIC v Mariner Corporation Limited [2015] FCA 589

    Vaughan Super Pty Ltd v Becton Property Group Limited [2014] FCA 581 (successful application to strike out Federal Court claim in entirety, led by Peter Jopling AM QC)

    Banksia proceedings (acting for Banksia’s receivers in proceedings in the Supreme Court of Victoria, led by Philip Crutchfield QC and Jonathon Redwood)

    ASIC v Centro Directors (Civil Penalty Proceeding in the Federal Court, led by Alan Archibald QC and Philip Crutchfield QC)

    Centro Class Action (Federal Court, led by Philip Crutchfield QC for the former non-executive directors of Centro)

    Fairlight.au Pty Ltd v Peter Vogel Instruments Pty Ltd (trade mark and contract claim in Federal Court, led by Andrew Panna SC)

    Rod Investments (Vic) Pty Ltd v Adam Clark & Ors (Media World Shareholder Class Action in the Supreme Court, led by Bernie Quinn SC)

    Keller v LED Technologies Pty Ltd (No 2) (Full Federal Court, led by Peter Riordan SC)


    From 19/11/2009, Liability limited by a scheme approved under Professional Standards Legislation.

  • Marks Simon

    Simon came to the Bar in 1986.

    Areas of Practice

    He has an extensive practice in commercial litigation including litigation involving major infrastructure projects. His most prominent work areas are in contract and corporations law, major torts, equity and insolvency. He has appeared in many major cases, including in competition law (including infrastructure access cases) and commercial law, as well as in 3 Royal Commissions and in other public Inquiries.

    Court Work

    He appears in all State and Federal Courts.

    Advice

    He has a large commercial advice practice in major commercial disputes including for significant public companies and for government.

    Mediation

    He regularly mediates disputes in commercial matters.

    Committees

    He served on the Victorian Bar Council for 4 years from 2017 to 2020, including 3 years as Vice President of the Bar. He has also served as Chairman of the Readers’ Course Committee and of the Bar’s Education & Professional Development Executive. He also served on the Counsel Committee.


    Liability limited by a scheme approved under Professional Standards Legislation.

  • Mighell James

    Common Law and Insurance Litigation, Medical Negligence, Administrative Law, Trade Practices, Racing.

  • Mukerjea Sandip

    Sandip appears and advises (both led and unled) in a range of common law, media, insurance and administrative law matters, including trials, inquests and appeals. In each of the past 10 years (2014-23) he was recognised by his peers in the AFR's annual 'Best Lawyers' list for his expertise in Defamation and Media Law. In 2022 and 2023 he was also listed in the area of Litigation and in 2023 in the area of Product Liability too. In 2016 and 2020-22 he was ranked by Doyle's Guide in the area of Technology, Media and Communications and in 2020 was also ranked in the area of professional indemnity insurance. In 2021, 2022 and 2024, he was recognised in the Asia-Pacific Legal 500 as one of Australia's leading media law junior counsel.

    He has extensive advocacy experience in defamation, breach of confidence, freedom of information and contempt of court matters, as well as in applications for non-publication orders in criminal and civil cases - where he is usually opposed to senior counsel. He has a sound knowledge of both civil and criminal procedure. In recent years he has advised and appeared in many of Victoria's most prominent media disputes, including acting for: News Corporation is its defence of defamation proceedings brought by Bruce Lehrmann; Bauer Media in defence of a defamation claim brought by actress, Rebel Wilson; Nationwide News in a defamation claim brought by musician, Daniel Johns; the ABC, The Age and the Daily Mail in defamation claims brought by Mick Gatto; Nine Network in various defamation claims including those brought by Prof Munjed Al Muderis and Queensland's Wagner family; Google, Twitter, Yahoo! and Microsoft in a series of defamation claims relating to search engines and social media; and over 30 media-respondents in a contempt of court prosecution brought by the DPP in relation to publicity which attended the jury verdict (since overturned on appeal) against Cardinal George Pell.

    Between January 2019 and November 2020, Sandip was one of the counsel assisting the Victorian Royal Commission into the Managament of Police Informants, where he was briefed to advise and appear on questions concerning suppression orders, public interest immunity and privilege claims. In that capacity he appeared on behalf of the Commission on numerous occasions in the High Court and Victorian Court of Appeal.

    Sandip also has specific expertise in relation to the Australian sports and racing industries, where he has advised or appeared for the Australian Football League and Racing Victoria Ltd in relation to commercial, regulatory and disciplinary matters. He is also an Independent Tribunal Chairperson for Tennis Australia. Notable cases include: acting for the Racing Stewards in the prosecution of jockey Danny Nikolic; acting for the AFL in the prosecution of Adelaide Football Club and others; acting for Mark 'Bomber' Thompson in the Essendon Football Club supplements prosecution; and acting for licensed horse trainers Danny O'Brien and Mark Kavanagh in the long running 'Cobalt' prosecutions.

    Sandip is a member of the Common Law Bar Association and the Commercial Bar Association. He also formerly edited the Defamation chapter of The Law Handbook and is a committee member for the Victorian Bar News.

    REPORTED APPEARANCES INCLUDE:

    Defamation / Media

    Hun v Aljazeera International (Malaysia) SDN BHD (No 2) [2023] FCA 1546 (6 December 2023) (Defamation - interlocutory costs order)

    Hun v Aljazeera International (Malaysia) SDN BHD [2023] FCA 1103 (15 September 2023) (Defamation - serious harm - led by Will Houghton KC)

    Bartlett v Roffey and Ors [2023] WASC 3 (16 August 2023) (Defamation - Cross-vesting - led by Matt Collins KS and with Holly Jager)

    Lehrmann v Network Ten Pty Limited (Limitation Extension) [2023] FCA 385 (28 April 2023) (Defamation - extension of limitation period - led by Renee Enbom KC)

    Gatto v Australian Broadcasting Corporation & Ors [2022] HCATrans 197 (11 November 2022) (Defamation - special leave application - led by Matt Collins KC)

    Gatto v Australian Broadcasting Corporation [2022] VSCA 66 (13 April 2022) (Defamation - appeal - led by Matt Collins KC)

    Gatto v Australian Broadcasting Corporation & Ors [2021] VSC 83 (26 February 2021) (Defamation - trial - led by Matt Collins KC)

    Gatto v Australian Broadcasting Corporation & Ors (No 1) [2020] VSC 420 (10 July 2020) (Defamation - application for trial by jury - led by Matt Collins KC)

    Ajaka v Nine Network Pty Ltd (No 2) [2022] NSWSC 765 (9 June 2022) (Defamation - preliminary discovery - led by Matt Collins KC)

    Nine Network Australia Pty Ltd v Ajaka [2022] NSWCA 91 (9 June 2022) (Defamation - appeal - preliminary discovery - led by Matt Collins KC)

    Bastiaan v Nine Entertainment Co Holdings Limited (No 2) [2022] FCA 187 (16 February 2022) (Contempt - costs)

    Bastiaan v Nine Entertainment Co Holdings Limited [2022] FCA 60 (11 February 2022) (Contempt - injunction - led by Will Houghton KC)

    Lanzer v Australian Broadcasting Corporation [2021] FCA 1283 (21 October 2021) (Defamation - injunction - led by Matt Collins KC)

    The Queen v The Herald & Weekly Times Pty Ltd [2021] VSC 253 (4 June 2021) (Contempt of Court trial - led by Will Houghton KC and Matt Collins KC, with Morgan McLay)

    The Queen v The Herald & Weekly Times Pty Ltd & Ors (Ruling No 2) [2020] VSC 800 (4 December 2020) (Contempt of Court No Case Submission - led by Will Houghton KC and Matt Collins KC, with Morgan McLay)

    Wilson v Bauer Media Pty Ltd & Anor [2018] HCATrans 238 (16 November 2018) (Defamation special leave application to High Court - led by David Jackson KC)

    Bauer Media Pty Ltd v Wilson (No 2) [2018] VSCA 154 (14 June 2018) (Defamation Appeal - led by Michael Wheelahan QC)

    Wilson v Bauer Media [2017] VSC 521 (13 September 2017) (Defamation Trial - led by Georgina Schoff KC)

    Nine Network Australia Pty Ltd & Ors v Wagner & Ors [2020] QCA 221 (13 October 2020) (Defamation appeal - led by Sandy Dawson SC)

    Morris v St Vincent's Health Australia Ltd & Anor [2020] VSC 690 (21 October 2020) (Defamation - application to amend pleading - led by Will Houghton KC)

    Nikolic v Nationwide News Pty Ltd [2020] VSC 98 (9 April 2020) (Defamation / Injurious Falsehood - summary judgment application)

    Nikolic v Twitter & Ors [2020] VSC 101 (9 April 2020) (Defamation - summary judgment application)

    Khan v The Age Company Pty Ltd & Ors [2019] VSC 839 (6 December 2019) (Defamation - application to set aside judgment)

    Trkulja v Microsoft Corporation (Ruling No 2) [2019] VSC 310 (7 May 2019) (Defamation - application to amend pleading)

    Ewins v State of Victoria [2019] VSC 129 (7 March 2019) (Defamation - application to strike-out pleading)

    Dinh v Nine Network Australia Pty Ltd [2018] VSC 464 (15 August 2018) (Defamation - application for interlocutory injunction)

    Trkulja v Microsoft [2018] VSC 399 (23 July 2018) (Defamation - summary judgment application - led by Matt Collins KC)

    Moodie v Perna (Ruling No 1) [2018] VSC 158 (4 April 2018) (Defamation - release from Harman undertaking - led by Simon Wilson KC)

    Barrow v Bolt & Anor [2015] VSCA 107 (21 May 2015) (Defamation Appeal - led by Matt Collins KC)

    Barrow v Bolt & Anor [2014] VSC 599 (2 December 2014) (Defamation Trial - led by Matt Collins KC)

    Chief Commissioner of Police v The Herald & Weekly Times [2014] VSC 156 (10 April 2014) (Breach of Confidence - interlocutory injunction - led by David Gilbertson KC)

    Barrow v Bolt & Anor (Ruling No 3) [2014] VSC 16 (7 February 2014) (Defamation)

    Crisp v Fairfax Media Ltd & Ors [2012] VSC 615 (19 December 2012) (Defamation - application for interlocutory injunction - led by Matt Collins KC)

    Inquiries / Inquests / Administrative Law

    Chairperson of the Royal Commission into the Management of Police Informants v DPP [2020] VSCA 184 (8 July 2020) (Application to vary suppression orders - led by Penelope Neskovcin KC)

    AB (a pseudonym) v CD (a pseudonym); EF (a pseudonym) v CD (a pseudonym) [2019] HCA 6 (27 February 2019) (Suppression Order)

    AB v CD & EF [2019] VSCA 28 (21 February 2019) (Suppression Order - led by Penelope Neskovcin KC)

    Applebee v Monash CC (Review and Regulation) [2014] VCAT 257 (26 March 2014) (Statutory interpretation)

    Quinn v Greater Geelong CC (Review and Regulation) [2013] VCAT 286 (14 March 2013) (Dangerous dog declaration)

    Commercial / Trade Practices

    REA Group Limited v Fairfax Media Limited [2017] FCA 91 (13 February 2017) (Misleading and deceptive conduct - led by Tim McEvoy QC)

    TrinityP3 Pty Ltd v WIP Consulting Pty Ltd [2016] VSC 735 (2 December 2016) (Breach of contract, breach of confidence, restraint of trade)

    TPI Enterprises Ltd v Poppy Growers Tasmania Inc [2014] VSC 518 (24 October 2014) (Defamation, Misleading and Deceptive Conduct - led by Matt Collins KC)

    Norman South Pty Ltd & Anor v da Silva [2012] VSC 477 (18 October 2012) (Breach of Confidence Trial - led by Georgina Schoff KC)

    Dewhurst v Australian Taxation Office [2012] FWA 8288 (1 October 2012) (Enterprise agreement dispute)

    Common Law / Insurance

    Linard v Wellington Shire Council & Anor [2018] VCC 1205 (20 August 2018) (Private nuisance - trial)

    Deitrich v Pulse Pharmacy Northcote Pty Ltd [2014] VSC 307 (7 August 2014) (Medical Panel Judicial Review - led by Robin Gorton QC)

    Sports Law / Disciplinary

    Racing Victoria Limited v Riley [2016] VSCA 230 (21 September 2016); Riley v Racing Victoria Ltd [2015] VSC 527 (1 October 2015) (Disciplinary Appeal - led by Patrick Tehan KC)

    Fidge v Councillor Conduct Panel (Review and Regulation) [2014] VCAT 1477 (2 December 2014) (Disciplinary prosecution / Constitutional Law)

    Nikolic v Racing Victoria Limited (Occupational and Business Regulation) [2012] VCAT 1954 (21 December 2012) (Disciplinary prosecution - led by Philip Dunn KC)

    Freedom of Information

    Office of the Premier v Herald and Weekly Times [2013] VSCA 79 (12 April 2013) (Freedom of information Appeal - led by Matt Collins KC)

    Macdonnell v State Sport Centres Trust (Review and Regulation) [2018] VCAT 1616 (17 October 2018) (Freedom of Information)

    Suppression Orders

    Re WD (No 2) [2023] VSC 790 (22 December 2023) (Suppression Order / Declaration)

    Lum v Kay & Burton (Brighton) [2020] VMC 19 (27 August 2020) (Access to court documents)

    DPP v Pell (Review of Suppression Order) [2018] VCC 2125 (14 December 2018)

    DPP v Lawson & Ors (Ruling No. 2) [2012] VSC 469 (11 October 2012) (Suppression order)

    R v Benbrika & Ors (Ruling No 32) [2008] VSC 485 (26 August 2008) (Suppression order)

    R v Benbrika & Ors (Ruling No 13) [2007] VSC 543 (13 December 2007) (Suppression order)



    From 03 May 2012, liability limited by a scheme approved under Professional Standards legislation.

  • O'Gorman Kateena

    Kateena has a BCL from Oxford University, where she studied as a Rhodes Scholar, and was associate to Justice McHugh for his final year on the High Court of Australia. Kateena was Lecturer in Corporate Law at Queen Mary, University of London. Kateena has a broad practice, with a focus on commercial litigation, public law and tax.

    Kateena's cases include:

    Public Law:

    • Acting for Victoria in High Court litigation concerning the validity of the Lockdown Directions: Gerner v State of Victoria (led by Kris Walker, Solicitor-General for Victoria, Craig Lenehan SC and with Tom Wood).
    • Acting for the applicant in Federal Court proceedings concerning the invalidity of the Robodebt scheme (led by Peter Hanks QC with Glyn Ayres).
    • Acting for the Attorney-General for the State of Victoria intervening appeals to the High Court, for example:
      • An appeal concerning section 2 of the New South Wales Constitution Act 1855 (NSW) (led by the Solicitor General for Victoria, Richard Niall QC): New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act [2016] HCA 50.
      • An appeal concerning the constitutional validity of South Australian sentencing laws: KMC v Director of Public Prosecutions [2020] HCA 6 (led by Kris Walker, Solicitor-General for Victoria).
    • Acting for the Attorney-General of the Commonwealth intervening in Awabdy v Electoral Commission of Queensland in the Queensland Court of Appeal concerning the Commonwealth's exclusive power to regulate federal elections (led by the Commonwealth Solicitor-General).
    • Acting for the Attorney-General (Cth) in Federal Court litigation concerning the International Transfer of Prisoners Act 1997 (Cth) (led by Stephen Lloyd SC).

    Class actions:

    • Acting for the plaintiffs in the challenge to Homes Victoria's decision to demolish the public housing towers.
    • Acting for the plaintiffs in a shareholders class action concerning Noumi.
    • Acting for the respondents in a class action concerning Roundup (led by Steven Finch QC and Rob Craig QC).
    • Acting for OZ Minerals Ltd in a shareholder class action in the Federal Court instructed by Freehills (led by Michael Garner QC with Rob Craig).

    Commercial law:

    • Acting for parties to power purchase agreements in the Federal Court.
    • Acting for former shareholders in a proceeding arising out of the acquisition of the shares in the business in the Victorian Supreme Court.
    • Acting for the plaintiff in respect of a misleading and deceptive conduct claim arising out of a large acquisition (led by Matt Collins QC).
    • Acting for United Petroleum Australia Pty Ltd in United Petroleum Aus

    Arbitrations:

    • Acting for a listed pharmaceutical company in arbitration proceedings instructed by MinterEllison (led by Chris Caleo QC).
    • Acting for a gas company at gas arbitrations (led by Michael Borsky QC).
    • Acting for parties in a sugar arbitration (led by GA Thompson QC).

    Regulatory and Corporate:

    • Acting for ASIC in proceedings concerning cyptocurrency.
    • Acting for ASIC in proceedings concerning the application of the Credit Code.
    • Acting for RI Advice in ASIC proceedings concerning cyber security (led by S Finch QC).
    • Acting for a foreign exchange trader in Federal Court proceedings brought by ASIC (led by Chris Archibald QC).
    • Appearing in Federal Court and Supreme Court proceedings concerning schemes of arrangement, including unit trust schemes: eg, Wellcom Group Limited, in the Matter of Wellcom Group Limited [2019] FCA 1655.

    Insolvency:

    • Acting for a property developer in proceedings commenced by ASIC in the Federal Court.
    • Appearing at liquidators' public examinations.
    • Advising directors of insolvent companies in respect of liabilities arising out of the liquidation.
    • Advising the ATO in respect of DOCAs.

    Criminal and Quasi-Criminal:

    • Acting for the Director of Public Prosecutions in criminal appeals (led by the Chief Crown Prosecutor): Cvetanovski v R [2020] VSCA 272; Tony Mokbel v R .
    • Counsel-assisting IBAC in examinations.
    • Acting for IBAC in litigation in the Supreme Court of Victoria and the Court of Appeal concerning ongoing investigations.
    • Acting for various nation states in proceedings to extradite persons arrested under extradition arrest warrants under the Extradition Act 1988 (Cth), for example:
    • Ghodskani v United States of America [2018] FCA 14; Castle v United States of America [2018] FCA 931; [2018] FCA 1079; Reyes v United States of America [2020] FCAFC 14;
    • Acting for Bosnia and Herzegovina in a proceeding concerning the interpretation of the Extradition Act 1988 (led by Stephen Donaghue QC in the FCFCA and unled in the FCA): Traljesic v Bosnia and Herzeovina [2017] FCAFC 70; [2016] FCA 383.
    • Providing advice in respect of the Proceeds of Crime Act 2002 (Cth) (led by S Donoaghue QC).

    Environmental law:

    • Acting for Amcor Ltd in proceedings in the Supreme Court of Victoria (instructed by Gilbert + Tobin and led by David Collins QC and then A Monichino QC) concerning the cost of reme

    Tax:

    • Acting variously for the taxpayer and for the Commissioner of State Revenue in a number of proceedings concerning the foreign purchaser additional duty (for land tax and duties).
    • Acting for the Commissioner of State Revenue in proceedings concerning the validity of assessments for land tax (led by Phil Solomon QC): Vasiliades v Commissioner of State Revenue [2016] VSC 544.
    • Providing various advice to the ATO and SRO in relation to proposed legislative reform.


    Royal Commissions
    :

    • Acting for Crown Hotels at the Inquiry into Hotel Quarantine (led by David Batt QC).
    • Acting for the Director of Public Prosecutions in the Royal Commission into the Management of Police Informants (led by C Caleo QC).
    • Junior counsel for the Commonwealth in the Queensland Floods Commission of Inquiry (led by F McLeod SC).
    • Acting for a class of businesses in the Royal Commission into the Home Insulation Program (led by Michael Windsor SC).



    From 27 Mar 2014, liability limited by a scheme approved under Professional Standards legislation.

  • Paterson James

    Extensive experience as a commercial barrister primarily practising in the civil jurisdictions of the Federal, Supreme and County Courts and in appeals to the Court of Appeal and High Court of Australia. Retained to advise and appear in large and complex litigation and arbitrations concerning listed public and private companies, directors and individuals with domestic and international disputes, involving expert financial, accounting and valuation evidence. Interlocutory applications including injunctions.

    Recent and significant cases:

    • Middendorp Electric Co v HWL Ebsworth & Ors (VSC) (business purchase) (TPA, tort, insolvency, securities, alternative energy)
    • Mazzacca v S&I Enterprises (VSC)(property purchase) (real property, TPA)
    • Peluso v Gorman Kelly Real Estate(VSC)(real estate agency) (confidential information, data and information technology, employment law)
    • Wong v David Hughes & Ors (VSC) (contract, estate/wills/administrator)
    • Littore v Rabobank (VSC) (grape/wine production) (banking, primary industry, securities, insolvency)
    • Perfection Fresh Australia v Melbourne Market Authority (VSC) (new wholesale market) (injunction, group action, TPA, unconscionable, lease dispute, contract)
    • Commissioner of State Revenue v Aidlaw (VSC) (stamp duty) (taxation, contract, TPA)
    • Mirabella v Howard (VCAT) (Appeal) (estate/probate/wills, privacy)
    • Investec Bank v Mann & Mortimer (VSC) (building/construction, developer) (banking, contract, securities, strikeout)
    • Yan & Anor v Davinski Nominees (VSC) (undue influence/incapacity) (capacity, TPA, contract, company law)
    • Anderson v Van De Steeg (VSC) (managed investment scheme) (group action, financial services, ASIC, corporations law)
    • Fresh State Ltd v Mirvac (VSC)(wholesale market) (joint venture, contract, real property, infrastructure)
    • Sau Meng Wong Application (High Court of Singapore) (incapacity, administrator)
    • Windfarm Developments v Wind Hydrogen Pty Ltd (VSC) (alternative energy) (contract)
    • BHP v OkTedi Mining Ltd(for State of Victoria with Solicitor General) (VSC Court of Appeal) (contempt of court)
    • Toll Holdings Ltd v Patrick Corporation Ltd(VSC) (takeover) (corporations law, ASX listed public companies, mergers and acquisitions)
    • Metropolitan Ambulance Service v John Thwaites (for State of Victoria with Solicitor General) (re Royal Commission, FOI)
    • Magill v Magill (High Court of Australia) (paternity fraud) (deceit)
    • Prime Life Corporation v IOOF Community Villages Ltd(VSC) (aged care provider) (contract,TPA, purchase of business, warranty claims)
    • Azpa Pharma Pty Ltd v Meppem & Ors (VSC) (therapeutic goods) (confidential information, data and information technology, employment law)
    • Chiodo v Brincat (VSC) (building/construction, developer)(injunction, property development, contract, securities)
    • Dowsett & Ors v Stirling Horne (PKF Aust) (FCA) (bankruptcy, insolvency, banking, securities)
    • Watertek Pty Ltd v Irrigear Stores Ltd (CCV) (irrigation equipment) (contract, primary industry, TPA)
    • Miller v Lobosco (CCV)(film-making, contract)
    • Feesty v Freshwater Residential Pty Ltd (VSC) (building/construction, developer) (TPA, real estate agency, real property)
    • Thangs Family Co. v City of Wanneroo (WASC) (local government, primary industry)
    • Hamton (JV) (Malvern) v Ashington Capital (VSC) (building/construction, developer) (property development, real property, securities, contract)
    • Griffith Hack Lawyers v Fieldturf (IP) Inc (FCA) (tort, intellectual property)
    • Greenskies Pty Ltd (in liquidation) v National Rail Corporation Ltd(VSC) (rail transport) (contract, insolvency)
    • Natarajan v Siebel(VSC) (clothing retailer) (overseas investor/shareholder dispute, contract, company law, TPA)
    • Global Bins Australia Pty Ltd v Nastri(VSC) (plastics manufacturer) (corporations law, international shareholder, oppression)
    • Eftel Ltd v aaNet Communications Pty Ltd(VSC) (telecommunications) (insolvency)
    • Judo Federation of Australia-Selection Appeal (Olympic selection appeal) (sports law)
    • All Saints Estate v Vic Alps Wine Co(VSC) (wine production) (contract)
    • Babe-Ease v Dimmey’s Stores(FCA) (variety retailer) (intellectual property)
    • Mag-Tek (USA)(Letters Rogatory Examination conducted for US court) (intellectual property, IT)
    • Premier Building v Spotless Group(VSC) (building/construction, developer) (nuisance, insurance, insolvency, construction)
    • Goulburn Murray Water v Portikal(VSC) (property, water law)
    • Public Trustee of Queensland v Sgro Developments(VSC) (building/construction, developer) (injunction, property development)
    • Duke Eastern Gas Pipeline(VSC) (gas infrastructure) (contract, property)
    • Bendigo Mining NLv Greater Bendigo Gold Mining Ltd (VSC) (ASX listed gold mining company) (mining law, securities, property)
    • AWB Ltd v Agripack(FCA) (ASX listed company – primary production) (injunction)
    • Solsteel Pty Ltd v Valbruna(VSC) (stainless steel importer) (contract, international trade)
    • Ranbuild Pty Ltd v Broerson(shed manufacturer) (contract)
    • OTS Financial News Pty Ltd v ASIC(IT/internet) (securities, ASIC)
    • Elgas Ltd v Korsten Pty Ltd(contract, information technology)
    • The Opera Group Australia Ltd v United Energy(VSC) (IT consultancy) (contract)
    • Various proceedings for Commonwealth Bank, ANZ Bank, Suncorp Metway, Investec Bank, Bendigo Bank

    From 04/06/2009, Liability limited by a scheme approved under Professional Standards Legislation.



1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17