Rob is an experienced trial and appellate advocate with a broad national practice incorporating general corporate and commercial law, insolvency, class actions, building and construction and white-collar crime. Recognised by Chambers & Partners Global, Legal 500 and Doyle’s Guide since 2020 as a leading Australian silk in commercial litigation and construction litigation, Rob appears in all jurisdictions in Australia and in domestic and international arbitrations.
Hannah practises principally in public and commercial law. She is regularly briefed as junior counsel in complex litigation in the Supreme Court of Victoria and the Federal Court of Australia, at trial and appellate level, and to provide advice to diverse clients in the public and private sectors.
Before coming to the Bar, Hannah was an Associate to the Hon Justice Patrick Keane AC at the High Court of Australia. She was also a Senior Solicitor in the Constitution and Advice team of the Victorian Government Solicitor's Office, where she conducted litigation and advised on matters raising issues of constitutional law and complex statutory interpretation, and a Solicitor in the Banking and Infrastructure team at Gilbert + Tobin, where she worked on high-value project finance transactions in the energy and social infrastructure sectors.
Hannah has particular experience in environment and resources subject matters, including as they arise in administrative proceedings and large commercial disputes, and as they intersect with First Nations rights and interests.
Hannah holds a Bachelor of Arts (Hons I) from the University of Queensland, a Masters in English Literature (Distinction) from the University of Edinburgh, and a Juris Doctor from the University of Melbourne.
Hannah read with Graeme Hill SC.
Some recent matters in which Hannah has been briefed include:
From 22 Oct 2021, liability limited by a scheme approved under Professional Standards legislation.
Dylan practises in all areas of commercial law. In addition to his commercial practice, Dylan has experience in defamation law.
Prior to coming to the Bar, Dylan was Associate to the Honourable Justice Niall (as his Honour then was) in the Court of Appeal of the Supreme Court of Victoria. Before that, Dylan worked as a solicitor in the Media team at MinterEllison.
As a solicitor, Dylan was a representative of the respondents in defamation proceedings brought by Ben Roberts-Smith in the Federal Court of Australia. The respondents successfully established substantial and contextual truth defences in a 110-day trial (Roberts Smith v Fairfax Media Publications Pty Ltd (No 41) [2023] FCA 555, subject to appeal).
Dylan holds a Bachelor of Laws (First Class Honours) and Bachelor of Commerce from Monash University, and a Master of Laws (First Class Honours) from the University of Cambridge, from which he graduated ninth in his class.
Dylan read with Sandip Mukerjea. His senior mentor is Dr Matt Collins AM KC.
Matters in which Dylan has been briefed include:
Liability limited by a scheme approved under Professional Standards legislation.
Matthew is a leading industrial relations and employment barrister with extensive experience acting for many of Australia's largest companies in all jurisdictions. Matthew has a national practice and appears for clients across Australia in all areas of industrial and employment law, including an extensive appellate practice.
Matthew has particular experience in the building and construction, infrastructure, maintenance and engineering, mining, oil and gas, airlines, maritime, stevedoring, vehicle and the metal/electrical trades industries, as well as with a broad range of State and Federal Government agencies and instrumentalities.
Before joining the Bar in 2008, Matthew was a Senior Associate at Freehills (now Herbert Smith Freehills) in its Employee Relations Group. Matthew spent 2003 as Associate to Senior Deputy President Cartwright of the Australian Industrial Relations Commission, based in Sydney.
Matthew was named as preeminentin the category of Junior Counsel in the Doyle's Guide, Leading Employment & Industrial Relations Barristers Melbourne 2016 and in the Leading Employment and WHS Barristers - Melbourne 2017.
Major cases include:
High Court of Australia
Esso Australia Pty Ltd v AWU; AWU v Esso Australia Pty Ltd [2016] HCATrans 311
Full Court of the Federal Court of Australia
Qube Ports Pty Ltd v McMaster [2016] FCAFC 123;
Regional Express Holdings Ltd v AFAP [2016] FCAFC 147
Esso Australia Pty Ltd v Australian Workers’ Union [2016] FCAFC 72; (2016) 258 IR 396;
Maritime Union of Australia v Fair Work Commission [2015] FCAFC 56; (2015) 230 FCR 15;
CFMEU v Director of the FWBII [2014] FCAFC 101; (2014) 225 FCR 210;
State of Victoria v CFMEU [2013] FCAFC 160; (2013) 218 FCR 172;
ABCC v McConnell Dowell Constructors (Aust) Pty Ltd [2012] FCAFC 93; (2012) 203 FCR 345;
JJ Richards & Sons Pty Ltd v FWA [2012] FCAFC 53; (2012) 201 FCR 297;
Australian Industry Group v FWA (No 2) [2012] FCAFC 138; (2012) 228 IR 68
Australian Industry Group v FWA [2012] FCAFC 108; (2012) 205 FCR 339;
Federal Court of Australia
Simpson v Secretary, Department of Employment [2017] FCA 9
Director of the FWBII v CFMEU (No 2) [2016] FCA 436;
Director of the FWBII v CFMEU (The Yarra’s Edge Case) [2016] FCA 772
Regional Express Holdings Ltd v AFAP [2016] FCA 367
Murdoch University v NTEIU [2016] FCA 1151
Qube Ports Pty Ltd v McMaster [2016] FCA 59;
IEUA v Australian International Academy of Education Inc [2016] FCA 686;
IEUA v Australian International Academy of Education Inc [2016] FCA 140;
Director of the FWBII v CFMEU (No 2) (The Red & Blue Case) [2015] FCA 1462
Director of the FWBII v CFMEU (The Red & Blue Case) [2015] FCA 1125; (2015) 254 IR 200
McMaster v Qube Ports Pty Ltd [2015] FCA 1385; (2015) 331 ALR 439
Esso Australia Pty Ltd v AWU [2015] FCA 758; (2015) 253 IR 304
Australian Mines and Metals Association Inc v MUA [2015] FCA 677; (2015) 251 IR 75
Director of the FWBII v CFMEU [2015] FCA 47; (2015) 323 ALR 294
Director of the FWBII v CFMEU [2014] FCA 1373;
Director of the FWBII v CFMEU [2014] FCA 770;
Dickson v Downer EDI Works Pty Ltd (No 2) [2014] FCA 1329;
Dickson v Downer EDI Works Pty Ltd [2014] FCA 1134;
Kwefio-Okai v Australian College of Natural Medicine Pty Ltd (No 2) [2014] FCA 1124;
Kwefio-Okai v Australian College of Natural Medicine Pty Ltd [2014] FCA 854;
AMWU v Visy Packaging Pty Ltd (No 3) [2013] FCA 525; (2013) 216 FCR 70
CFMEU v Mammoet Australia Pty Ltd (No 2) [2012] FCA 1404; (2012) 209 FCR 123
CFMEU v Mammoet Australia Pty Ltd [2012] FCA 850; (2012) 206 FCR 135
CJ Manfield Pty Ltd v CEPU [2012] FCA 253;
Helal v McConnell Dowell Constructors (Aust) Pty Ltd (No 3) [2011] FCA 1344; (2011) 285 ALR 281
Helal v McConnell Dowell Constructors (Aust) Pty Ltd [2010] FCA 1462; (2010) 193 FCR 213
Telstra Corporation Ltd v CPSU [2008] FCA 1421
Full Bench of the Fair Work Commission
Bristow Helicopters Australia Pty Ltd v AFAP [2017] FWCFB 487;
MUA v MMA Offshore Logistics Pty Ltd [2017] FWCFB 660
United Voice v MSS Security Pty Ltd [2017] FWCFB 651;
Qantas Airways Ltd v Dawson [2017] FWCFB 41;
MMA Offshore Vessel Operations Pty Ltd v MUA [2016] FWCFB 3957
Australian Taxation Office v Shamir [2016] FWCFB 4185; (2016) 261 IR 176
Groote Eylandt Mining Company Pty Ltd v CFMEU [2016] FWCFB 2432
CFMEU v Fair Work Commission [2016] FWCFB 2262; (2016) 261 IR 1
Lloyd & Co Pty Ltd v Suttie [2016] FWCFB 144; (2016) 257 IR 1
Kentz (Australia) Pty Ltd v CEPU [2016] FWCFB 2019;
SSX Services Pty Ltd v AWU [2015] FWCFB 3964; (2015) 250 IR 377
CEPU v Utilities Management Pty Ltd [2015] FWCFB 3240;
Esso Australia Pty Ltd v AWU [2015] FWCFB 210;
Re Maritime Union of Australia [2014] FWCFB 1973; (2014) 241 IR 216;
RACV Road Service Pty Ltd v AMWU [2014] FWCFB 1629;
Parks Victoria v AWU [2013] FWCFB 950; (2013) 234 IR 242
Re GJE Pty Ltd [2013] FWCFB 1705; (2013) 232 IR 10;
NTEIU v Monash University [2013] FWCFB 5982
Full Bench of Fair Work Australia
CJ Manfield Pty Ltd v CEPU [2012] FWAFB 3534; (2012) 222 IR 457
FWA v Schweppes Australia Pty Ltd [2012] FWAFB 7858; (2012) 226 IR 236;
CEPU v CJ Manfield Pty Ltd [2011] FWAFB 6845; (2011) 213 IR 389
Australian Industry Group v ADJ Contracting Pty Ltd [2011] FWAFB 6684; (2011) 213 IR 165
CFMEU v Moyle Bendale Timber Pty Ltd [2011] FWAFB 6761; (2011) 213 IR 157
Ballarat Truck Centre Pty Ltd v Kerr [2011] FWAFB 5645; (2011) 212 IR 277;
JJ Richards & Sons Pty Ltd v TWU [2011] FWAFB 3377; (2011) 210 IR 231;
Technip Oceania Pty Ltd v Tracey [2011] FWAFB 6551;
Barton v GM Holden Ltd [2011] FWAFB 7604;
Webb v RMIT University [2011] FWAFB 8336
Coles Group Supply Chain Pty Ltd v National Union of Workers [2011] FWAFB 2425; (2011) 208 IR 44
Ziogas v Telstra Corporation Ltd [2010] FWAFB 2664; (2010) 195 IR 286;
Liability limited by a scheme approved under Professional Standards Legislation.
Fiona took silk in 2018. Prior to signing the Bar roll, Fiona was a senior associate in litigation at Allens Linklaters (where she also undertook her articles). Fiona is also admitted to the New York Bar and from 2001- 2003 worked as a litigator in New York (at Milbank Tweed Hadley & McCloy LLP and Morrison Cohen LLP) where she appeared in US State and Federal Courts.
Fiona's practice is largely in the areas of commercial law, competition and consumer law, media law, contempt of court and class actions. Fiona is currently briefed in a number of class actions in the Victorian Supreme Court. She recently appeared on behalf of the Plaintiff in the 5 month trial of a proceeding against Bayer Australia Ltd (and others) in relation to the female contraceptive device Essure. She successfully led her team in the G8 securities class action to obtain the first group costs order in Victoria. She was also appointed by the Federal Court as contradictor in the settlement of the Robodebt class action. Fiona acted for the Plaintiff in the Manus Island class action and in the Black Saturday bushfires class action (Murrindindi). She has also regularly acted for the ACCC in both consumer and competition matters. A sample of cases in which she has appeared in a variety of jurisdictions in a variety of practice areas is set out below. Fiona also has extensive experience undertaking regulators' examinations, as counsel assisting in inquiries and in advisory work.
Fiona was awarded a First Class Honours degree in law from the University of Melbourne in 1998. She also undertook a semester of her law degree with a scholarship to the Universite Jean Moulin in Lyon, France in 1995. She speaks fluent French.
In 2022 and 2023, Fiona was listed as one of the leading class actions senior counsel in Doyles Guide. In 2011 Fiona received the Victorian Bar Pro Bono Public Interest/Justice Innovation Award (with Ron Merkel QC and Kris Walker).
Commercial, Competition and Consumer Law
ACCC v Lactalis Australia Pty Ltd [2022] FCA 1087; [2023] FCA 839 (breaches of the Dairy Code)
ACCC v Uber B.V. [2022] FCA 1466 (false and misleading representations with respect to price and cancellation policies)
ACCC v Mercedes Benz Australia/Pacific Pty Ltd [2022] FCA 1059 (failure to comply with recall notice relating to Takata airbags)
ACCC v Sumo Power Pty Ltd [2021] FCA 712 (misleading and deceptive conduct in the sale of electricity retailing services)
ACCC v Informed Sources Pty Ltd (2017)(collation and dissemination of petrol pricing data)
ACCC v Coles Supermarkets Pty Ltd [2014] FCA 634(misleading and deceptive advertising - "Baked Today Sold Today")
ACCC v Singtel Optus Pty Ltd [2011] FCA 87 (misleading and deceptive advertising - "Unlimited" broadband)
ACCC v SMS Global Pty Ltd [2011] FCA 855 (misrepresentation of government endorsement)
Commissions of Inquiry / Investigations
Hotel Quarantine Inquiry (2020) - acting for Department of Transport
ACCC Petrol Pricing Inquiry (2007) - counsel assisting (with Neil Young QC and Simon Marks QC)
Independent Broad-based Anti-corruption Commission (various dates) - acting for various individuals in a number of confidential matters
ACCC Investigations (various dates) - briefed as counsel assisting in various ACCC investigations into proposed mergers and acquisitions
ASIC Investigations (various dates) - acting for various individuals in a number of confidential matters
Class Actions
Prygodicz v Commonwealth (no 2) [2021] FCA 634 (contradictor - settlement approval of claims relating to Robodebt scheme)
Turner v Bayer Australia Ltd (ongoing)(negligence and ACL claims relating to the Essure contraceptive device)
Allen v G8 Education Limited (ongoing)(securities class action - misleading and deceptive conduct and breach of continuous disclosure obligations)
Stallard Pty Ltd v Treasure Wine Estates Limited (ongoing)(securities class action - misleading and deceptive conduct and breach of continuous disclosure obligations)
Brown v State of Victoria (ongoing)(class action - claims of battery and assault and seeking declarations pursuant to the Victorian Charter of Human Rights and Responsibilities on behalf of environmental protestors sprayed with oleoresin capsicum spray by police officers)
Kamsaee v Commonwealth [2017] VSC 537 (claims of negligence and false imprisonment on behalf of persons detained on Manus Island)
Rowe v Ausnet Electricity Services Pty Ltd [2015] VSC 232 (claims of negligence in relation to the Murrindindi Black Saturday bushfire)
Pathway Investments Pty Ltd v National Australia Bank Ltd [2012] VSC 625 (securities class action - failure to disclose to market exposure to collateralised debt obligations)
Contempt of Court
R v Slaveski [2015] VSC 400
R v Derryn Hinch [2013] VSC 520 (sub judice contempt and suppression order)
Allen v R [2013] VSCA 44 (appeal - failure to give evidence)
R v Slaveski [2012] VSCA 48 (appeal - contempt in the face of the court)
Zukanovic v Magistrates' Court at Moorabbin (2011) 32 VR 216 (contempt in the face of the court)
R v ABC [2007] VSC 498 (suppression order)
R v Nationwide News Pty Ltd [2006] VSC 420 (sub judice contempt)
Whistleblower Cases
IOOF v Maurice Blackburn [2016] VSC 311 (privilege dispute - confidentiality in whistleblower documents)
Smith v Victoria Police [2012] VSC 374 (appeal- application of confidentiality provisions to whistleblower discovery)
Owens v University of Melbourne [2008] VSC 174 (interplay between Whistleblower Protection Act and Accident Compensation Act.
Constitutional
Roach v Electoral Commissioner (2007) 233 CLR 162 (Constitutional - prisoner voting)
Rowe v Electoral Commissioner (2010) 243 CLR 1 (Constitutional - closure of electoral roll)
Other
Moriarty v Independent Commissioner Against Corruption (NT) [2022] NTSC 46 (judicial review of findings of the NT ICAC)
Setka v Dalton (2021) (malicious prosecution and false imprisonment in relation to events which took place in the course of an industrial dispute between the CFMEU and Boral Ltd)
Kathleen has a broad practice spanning trial and appellate work in commercial, public law and common law matters.
Since 2016 she has been recognised annually in Doyles “Best Barristers” Guide.
The 2022 Chambers and Partners review for Kathleen states: “Kathleen Foley SC handles both complex commercial and significant public law matters, her experience in the latter sphere including numerous High Court appearances. In the commercial space, she is especially noted for her involvement - on both plaintiff and defendant sides - in cases concerning the conduct of individual executives. In addition to praising her "very strong government practice" and noting that she is "strong in both public and commercial law," interviewees characterise her as "an intelligent, intuitive barrister who runs her trials confidently, doesn't take a backward step and will be a leader of the Bar."
Kathleen also has an active public interest litigation practice.
Prior to coming to the Victorian Bar, Kathleen was employed as an Associate in the litigation group of the New York office of Orrick, Herrington & Sutcliffe LLP. She passed the New York Bar exam in 2006, having completed her Master of Laws at Harvard Law School. From 2004 to 2005, Kathleen was Associate to Justice Hayne of the High Court of Australia.
In November 2020 Kathleen was appointed to the Victorian Law Reform Commission as a part-time commissioner. As a member of the VLRC, Kathleen is working on a reference concerning the use of AI in Victoria’s courts and tribunals.
Tim specialises in corporate and commercial law, insolvency, trusts and workplace relations. He regularly advises and appears for clients in commercial disputes concerning oppressive conduct within company management, directors' duties, voidable and insolvent transactions, fiduciary obligations, restraints of trade, employment contracts and the statutory rights of employees and employers. Tim has worked closely with leading Senior Counsel in a variety of large-scale litigation in superior and appellate courts but is also just as comfortable appearing unled in all jurisdictions.
Tim has a Masters from the University of Melbourne, in which he focussed on insolvency, taxation, corporate governance and unjust enrichment. In 2009-2010 he was Associate to the Honourable Justice Jessup at the Federal Court of Australia.
He is a member of the Commercial Bar Association and the Industrial Bar Association.
From 16 May 2013, liability limited by a scheme approved under Professional Standards legislation.
Nick practises in commercial, administrative and common law.
Nick completed a JD at Melbourne University and in 2011 completed a BCL at the University of Oxford as a recipient of an Allan Myers Melbourne University Scholarship.
Before coming to the Bar, Nick was an associate to the Honourable Chief Justice Warren AC and to the Honourable Justice Osborn at the Supreme Court of Victoria. As an associate, Nick worked on a broad range of commercial, administrative law and common law matters, predominately in the Court of Appeal. Prior to this, Nick completed his graduate training at Herbert Smith Freehills and worked as a solicitor in the firm's dispute resolution group.
Nick read with Anthony Strahan QC and his senior mentor was Michael Wheelahan QC (now Justice Wheelahan).
From 30 Oct 2015, liability limited by a scheme approved under Professional Standards legislation.
Counsel has many years of experience as a Barrister at the Victorian Bar. Areas of practice include Personal Injuries, VCAT, Medical Negligence, and Product Liability. Counsel is an accredited mediator.
Rachel practises in civil and administrative law.
She acts both for and against government agencies and departments in a wide range of administrative law areas including discrimination, privacy, Freedom of Information, victims of crime, licensing, and local government governance.
She has is regularly briefed in disciplinary matters on behalf of regulatory bodies including AHPRA and on behalf of witnesses and agencies in relation to subpoenas and public interest immunity claims.
Rachel also has extensive experience in international commercial arbitration and a growing practice in civil litigation in the County and Supreme Courts, including tort claims.
Rachel was a contributor to the Civil Procedure Act legislative guide.
Luisa practices in general commercial law and public law.
Luisa has particular experience in contractual disputes, misleading and deceptive conduct, trademark and passing off, copyright infringement, and media and defamation. She also has experience acting in royal commissions.
Luisa also practices in family law and is experienced in representing clients in the Federal Circuit and Family Court of Australia (Div 1 and 2) at the trial and appellate levels. She is regularly briefed to advise and appear (led and unled) in complex property disputes and trust matters, including on behalf of third parties.
In addition to the above, Luisa has a busy advice practice, and regularly advises (both led and unled) on matters issues including complex statutory interpretation, insurance coverage disputes, merits and judicial review (migration), and trust issues.
A sample of Luisa’s recent experience includes:
Royal Commissions and inquiries
Yoorrook Justice Commission (2023 - ongoing) – briefed on behalf of the State of Victoria – led by Dan Star KC, Georgina Coghlan KC, Elizabeth Bennett SC, Emrys Nekvapil SC, with Helen Tiplady, Sarah Keating, Gemma Cafarella and Georgina Rhodes.
Litigation (party represented is underlined)
Albeck v Dentons Australia Ltd & Anor (ongoing) – adverse action complaint, breach of settlement agreement – led by Anthony Strahan KC.
Genesalio & Genesalio (No 5) [2024] FedCFamC1F 450 – application for joinder and summary dismissal application – led by Albert Dinelli KC.
Monash IVF Pty Ltd & Ors v Insurance Australia Ltd (settled 2024) – led by Anthony Strahan KC.
Genesalio and Genesalio (No 4) [2023] FedCFamC1A 216 – appeal from order dismissing application for disqualification of primary judge for apprehended bias – led by Albert Dinelli KC.
Krapivensky v Brodsky & Ors (settled 2023) – cross-vesting application – led by Michael Wyles KC.
Genesalio & Genesalio (2023) 67 Fam LR 186 – appeal from joinder decision – unled.
Genesalio & Genesalio [2023] FedCFamC1 160 – application for joinder – led by Albert Dinelli KC.
Lindeman v Stonehaven Proprietary Limited [2023] VSC 556 – application for permanent stay of proceedings pursuant to Company Titles (Home Units) Act 2013 (Vic) – unled.
Before coming to the Bar, Luisa was an Associate to the Honourable Justice Digby in the Supreme Court of Victoria, and to the Honourable Justices Macmillan and McEvoy in the Family Court of Australia, and a solicitor at Media Arts Lawyers.
Luisa holds a Juris Doctor from the University of Melbourne, and a Bachelor of Arts and Bachelor of Business (MediaComms) (Hons) from Monash University.
Luisa read with Helen Tiplady, and her senior mentor is Penny Neskovcin KC (now the Honourable Justice Neskovcin).
Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.
Josh practises primarily in commercial and public law.
Before coming to the Bar, Josh was Associate to Justice McLeish of the Victorian Court of Appeal. Before that, he was Associate to Justice Elliott of the Supreme Court of Victoria.
Earlier, he practiced as a solicitor in the dispute resolution team at Arnold Bloch Leibler.
Josh holds a Bachelor of Arts and a Juris Doctor from the University of Melbourne, where he lectures in public and constitutional law.
Josh's senior mentor is Philip Solomon KC. He read with Shaun Gladman SC and Kateena O’Gorman SC.
Liability limited by a scheme approved under Professional Standards Legislation.
Acknowledged by Doyle's as one of Australia's leading senior counsel in arbitration, construction and infrastructure and by The Legal 500 Asia Pacific as a Tier 1 Leading Commercial Silk in Australia : “ A razor-sharp legal mind, gets to the core of the issues immediately and identifies important legal points that can sometimes sit in the background. Committed to the client. “
Fellow of the Chartered Institute of Arbitrators (London) (CIArb, FCIArb).
Articles at Freehill Hollingdale & Page: 1989.
Practiced thereafter at Freehills until coming to the Bar in 1994.
Principal areas of practice: commercial; insolvency; banking; company; equity; administrative; revenue; major building and construction; Oil and Gas; major torts.
Co-author of "Doing Business in Australia": Mathew Bender and "Halsbury's Laws of Australia" Title on Mortgages: Butterworths and author of various articles.
Lecturer equitable remedies Master of Laws Melbourne University.
Tutor in Trust Law Monash University.
Chair of the Bar's Victorian Commercial Arbitration Scheme (VCAS) Committee, Chair of the Bar’s (International and Domestic) Arbitration Committee and member of the Bar's Alternative Dispute Resolution Committee.
For Saipem in relation to $2Bil design and construction dispute of Oil and Gas facility.
For China Petrochemical Corporation (Sinopec) in relation $180m dispute in respect of a floating storage and off loading facility.
For APC Marine in relation to $40m arbitration in respect of a salvage claim.
For Woodside Petroleum in relation to a dispute over a drilling rig.
For Generation Victoria (formally Gas & Fuel Corporation of Victoria) against ESSO and BHPP in relation to the pass on of Petroleum Resource Rent Tax.
For SECV against Esso and BHPP in relation to the pass of Petroleum Resource Rent Tax
For Esposito Holdings in a $70m sale of business dispute with a Chinese purchaser.
For Origin Energy in a $26m in a delay and disruption claim relating to oil and gas drilling program.
For Praemium Limited in relation to a $7m software development claim against a Chinese bank
For Lanco Infratech Ltd and Griffin Coal against Perdaman Chemicals and Fertilisers in relation to $3.5 bil claim arising out of a coal supply agreement.
For Apache Fertilisers against Oswal in relation to a $500m claim arising out of a share sale agreement.
For Apache Energy Ltd and Apache Northwest Pty Ltd against Alcoa in relation to $180m claim arising out of a failure to supply gas.
For Apache Energy Ltd in relation to litigation and investigations arising out of an explosion at its Varanus Island facility in 2008 that disrupted 35% of Western Australia’s supply of gas.
For TDK Sports Taekwondo in relation to a dispute as to its membership of the Australian Olympic Committee, International Olympic Committee and the World Taekwondo Federation.
For BHP Billition (Bass Strait) Pty Ltd against the Commissioner of Taxation in relation to the assessment of Petroleum Resource Rent Tax.
For Lloyds of London in relation to various insurance disputes.
For the Legal Professional Practice Board in relation to professional negligence claims made against solicitors.
For insurers of Australian Financial Services License holders against various claims made by their clients.
For TAB Corp in relation to a dispute with the Victorian Racing Authority and Greyhound Racing Victoria over licensing fees.
For Lake Oil Ltd in relation to a dispute with the Victorian Government over a retention lease.
For JM Kelly (Project Builders) Ltd in a $50m construction dispute with the Toga Hotel group.
For Gas & Fuel Corporation of Victoria against a subsidiary of Hudson Conway Ltd. in relation to the termination of the contract to build a new head office building for the Gas & Fuel Corporation, damages claim $150M.
For Pacific Dunlop Limited against Maxitherm Boilers Pty Ltd in relation to the explosion of autoclave which destroyed a Pacific Dunlop factory in Bayswater.
For Nichicon (Singapore) Pty Ltd against Pacific Dunlop Limited in relation to the supply of components for 50,000 emergency lighting units supplied between 1984 and 1988.
For Gascor against Mr. Ellicott in relation to a dispute relating to the removal of Mr. Ellicott as an arbitrator in an arbitration between Gascor, Esso and BHPP.
For the Tobacco Institute of Australia against Mrs. Cremona in litigation related to a claim that tobacco caused her emphysema.
For Kvaerner Ltd. against John Holland Construction in a $13M dispute in relation to the design of a floating storage and off-loading facility known as the Cossack Pioneer operating off the coast of Western Australia.
For Telstra against QAI and Southern Cross Telco, in a $50M dispute related to the provision of wholesale telecommunication services to resellers in Australia.
For Lurgi against Austa Queensland in relation to a $5M dispute related to the construction of a Queensland power station.
For the Commissioner of Taxation in relation to a dispute with a taxpayer as to the collapse and repatriation of $2.3Bil of offshore income to Australia.
For the Commissioner of Taxation against ANZ Banking Group Ltd. in relation to a $90M assessment of a scheme involving the sale of annuities to obtain a tax benefit. The dispute ultimately resolved by the High Court.
For Coles Myer Ltd. in relation to a dispute with Bryan Quinn involving the breach of his duties as a director to the company and the misuse of company assets.
For Southern Energy (Shajiao C) Ltd. in a US$610M dispute with Alstrom Power Plant Ltd., Slipform Engineering Ltd. and CE International China Inc. in Hong Kong that related to the construction of a power station in Guandgong province in the Peoples Republic of China.
For the consortium that acquired the Loy Lang A power station in Victoria against the Commissioner of Taxation in a dispute involving the taxation of the $750M sale and leaseback structure used to acquire part of the power station.
For Christopher Corrigan and Robert Dunn, both directors of Patrick Stevedore, in a dispute with the Maritime Workers Union that related to the restructuring of the stevedoring businesses controlled by Patricks.
For Patricks Stevedore in a dispute with the International Transport Workers Federation in England in relation to the international black banning of ships that used Patrick Stevedoring’s services in Australia.
For Department of Premier and Cabinet and the Department of Justice that related to various freedom of information applications to obtain documents in matters, including:
For Esso in relation to events following an explosion and fire at the Longford Plants in Victoria in September 1998, which supplied 97% of Victoria's needs for natural gas, including acting at:
For Mirant Asia-Pacific in a dispute with Ove Arup & Partners (Hong Kong) Ltd in Hong Kong and in the High Court in London for a US$62 claim in relation to the Sual Power Station in the Republic of the Philippines.
For Transfield Pty Ltd and Obayashi Corporation for a $200 mil dispute as against the designer's of the tunnels involved in the City Link Project.
For the Victorian Department of Infrastructure in a dispute with Multiplex for a $7 mil claim that related to the Victorian Net Ball Centre.
For Coles Myer Ltd in a dispute with a former director, Miller, in relation to $11 mil wrongful dismissal claim.
From 01 Jul 2008, liability limited by a scheme approved under Professional Standards legislation.
Shaun Gladman KC practises in common law, insurance law, employment law, and public and administrative law. He specialises in appeals, applications for judicial review, and complex cases involving the operation of the Victorian and interstate accident compensation schemes.
Since 2018, Shaun has been recognised annually in Doyle's Guide to the "Best Barristers" in Victoria.
Shaun holds honours degrees in law and science (mathematics and physics) from the University of Melbourne.
A select list of appeal cases is set out below.
High Court of Australia:
Deal v Kodakkathanath (2016) 258 CLR 281 (led by Michael Wheelahan QC)
Keay v Metro Trains Melbourne Pty Ltd [2024] HCASL 16
Munday v St Vincent's Hospital Ltd [2021] HCASL 194 (led by Jeremy Ruskin QC)
Reading v TTB SMS Pty Ltd [2021] HCASL 8 (led by James Gorton QC)
Flowline Industries Pty Ltd v Aycicek [2019] HCASL 214 (led by Stephen O'Meara QC)
Southern Colour (Vic) Pty Ltd v Parr [2018] HCASL 73 (led by Bret Walker SC)
Full Court of the Federal Court of Australia:
Australian Mines & Metals Association Inc v Construction, Forestry, Maritime, Mining and Energy Union (2018) 268 FCR 128 (led by Stuart Wood QC)
Rogers v MHM Metals Ltd [2015] FCAFC 67 (led by Michael Wheelahan QC)
Victorian Court of Appeal:
Juma v Kone Elevators Pty Ltd [2024] VSCA 217
Milonas v Monash Health [2024] VSCA 57 (with Michelle Britbart KC)
Metro Trains Melbourne Pty Ltd v Keay (2023) 327 IR 184; [2023] VSCA 223
Garrett v Victorian WorkCover Authority (2023) 325 IR 244; [2023] VSCA 144 (led by Michelle Britbart KC)
Stevens v DP World Melbourne Ltd [2022] VSCA 285 (led by Paul O'Grady KC)
Foursquare Construction Management Pty Ltd v Victorian WorkCover Authority (2022) 68 VR 415 (led by Philip Solomon KC)
Bersee v Victoria (2022) 70 VR 260 (led by Michelle Britbart KC)
Griffiths v Nillumbik Shire Council [2022] VSCA 212
SMYBB Pty Ltd v Young [2022] VSCA 115 (led by Philip Solomon QC)
Lloyd v Healthscope Operations Pty Ltd [2021] VSCA 327 (led by Paul O'Grady QC)
Jack Bishop Pty Ltd v Trespa Holdings Pty Ltd [2021] VSCA 275
Victorian WorkCover Authority v Brassington [2021] VSCA 236
Munday v St Vincent's Hospital Ltd [2021] VSCA 170 (led by Jeremy Ruskin QC)
Museums Victoria v Susnjara [2021] VSCA 166
Victorian WorkCover Authority v Papaconstantinou [2021] VSCA 145 (led by Jeremy Ruskin QC)
McKenzie v Healthscope Operations Pty Ltd [2020] VSCA 309 (led by Stephen O'Meara QC)
TTB SMS Pty Ltd v Reading [2020] VSCA 203 (led by James Gorton QC)
Schembri v Victoria [2020] VSCA 145 (led by Stephen O'Meara QC)
Micheli v Khoushaba (2020) 92 MVR 133; [2020] VSCA 128 (led by Jeremy Ruskin QC)
Transport Accident Commission v Murdoch (2020) 92 MVR 1; [2020] VSCA 98 (led by James Gorton QC)
Apps v Victorian WorkCover Authority [2020] VSCA 21 (led by Stephen O'Meara QC)
Yeung v Santosa Realty Co Pty Ltd (2020) 60 VR 161; [2020] VSCA 29 (led by Jeremy Ruskin QC)
The Age Co Ltd v YZ (a pseudonym) (2019) 60 VR 189 (led by Stephen O'Meara QC)
Stephens v Transport Accident Commission (2019) 90 MVR 152; [2019] VSCA 234 (led by Stephen O'Meara QC)
Cardoso v Staff Australia Payroll Services Pty Ltd [2019] VSCA 139 (led by Stephen O'Meara QC)
Jovceva v Transport Accident Commission (2019) 88 MVR 323; [2019] VSCA 105 (led by Stephen O'Meara QC)
Yilmaz v Specialty Fashion Group Ltd [2019] VSCA 100 (led by James Gorton QC)
Weldemichael v ID Sales & Repairs Pty Ltd [2019] VSCA 68 (led by James Gorton QC)
Sheridan v Victorian WorkCover Authority [2019] VSCA 54 (led by Stephen O'Meara QC)
Aycicek v Flowline Industries Pty Ltd [2019] VSCA 37 (led by Stephen O'Meara QC)
Radosavljevic v Residential Commercial Industrial Roofing Pty Ltd [2018] VSCA 337 (led by Philip Solomon QC)
Tomasevic v Victoria [2018] VSCA 325 (led by Stephen O'Meara QC)
Petrovic v Victorian WorkCover Authority [2018] VSCA 243 (led by Michael Wheelahan QC)
Alegria v Transport Accident Commission (2017) 83 MVR 189; [2017] VSCA 379 (led by James Gorton QC)
Southern Colour (Vic) Pty Ltd v Parr [2017] VSCA 301 (led by Michael Wheelahan QC)
Victorian WorkCover Authority v BSA Ltd [2017] VSCA 276; [2017] VSCA 337 (led by Stephen O'Meara QC)
Deal v Kodakkathanath [No 2] [2017] VSCA 193 (led by Michael Wheelahan QC)
Connellan v Murphy [2017] VSCA 116 (led by Stephen O'Meara QC)
Mitchell v Latrobe Regional Hospital (2016) 51 VR 581 (led by Stephen O'Meara QC)
Poholke v Goldacres Trading Pty Ltd [2016] VSCA 232 (led by Michael Wheelahan QC)
Zhang v Joy Foods Australia Pty Ltd [2016] VSCA 199 (led by Michael Wheelahan QC)
Harris v DJD Earthmoving Pty Ltd [2016] VSCA 188 (led by Michael Wheelahan QC)
Haidar v Transport Accident Commission (2016) 77 MVR 121; [2016] VSCA 182 (led by Stephen O'Meara QC)
Kovacic v Transport Accident Commission (2016) 76 MVR 82; [2016] VSCA 139 (led by Michael Wheelahan QC)
Ren v Linen & Moore Pty Ltd [2016] VSCA 116 (led by Michael Wheelahan QC)
Wesfarmers Ltd v Lloyd [2016] VSCA 41 (led by James Gorton QC)
Abbas v Transport Accident Commission (2015) 72 MVR 182; [2015] VSCA 217 (led by Stephen O'Meara QC)
Govic v Boral Australian Gypsum Ltd (2015) 47 VR 430 (led by Michael Wheelahan QC)
Casey v Transport Accident Commission (2015) 70 MVR 45; [2015] VSCA 38 (led by Jeremy Ruskin QC)
Davidson v Transport Accident Commission (2015) 69 MVR 439; [2015] VSCA 12 (led by Jeremy Ruskin QC)
Transport Accident Commission v Campbell (2015) 69 MVR 410; [2015] VSCA 7 (led by Jeremy Ruskin QC)
Davies v Nilsen [2014] VSCA 278 (led by Jeremy Ruskin QC)
Green v Emergency Services Telecommunication Authority [2014] VSCA 207 (led by Michael Wheelahan QC)
Waterfall v Antony [2014] VSCA 44 (led by A Neill Murdoch SC)
Lumley General Insurance Ltd v Port Phillip City Council [2013] VSCA 367 (led by Anthony Kelly SC)
A Woodley Osteopathic Services Pty Ltd v Transport Accident Commission (2013) 46 VR 28 (led by Stephen O'Meara SC); [2014] VSCA 124 (unled)
Phelan v Transport Accident Commission (2013) 65 MVR 427; [2013] VSCA 306 (led by Stephen O'Meara SC)
Transport Accident Commission v Florrimell [2013] VSCA 247 (led by Robin Gorton QC)
Alsco Pty Ltd v Mircevic [2013] VSCA 229 (led by Stephen O'Meara SC)
Jones Lang Lasalle (Vic) Pty Ltd v Korlevski [2012] VSCA 305 (led by Michael Wheelahan SC)
Aluthgamage v Select Care Personnel Pty Ltd (2012) 35 VR 494 (led by MIchael Wheelahan SC)
From 27th October 2011, liability limited by a scheme approved under Professional Standards Legislation.
Michael is the author of McPherson's Law of Company Liquidation, the co-author of Australian Bankruptcy Law and Practice, the joint editor of Australian
Bankruptcy Cases (New Series) and the author of the sub-title, 'Compulsory Bankruptcy' in Laws of Australia. He has published journal articles in Australia
and overseas on a range of topics including Insolvency, Arbitration, Intellectual Property, Equity, Professional Negligence, Trade Practices and Remedies.
Michael is a Fellow of the Chartered Institute of Arbitrators, and has for some years lectured on commercial legal topics at the Leo Cussen Institute and the University of Melbourne. He is a Senior Fellow and the subject co-ordinator for Insolvency Law in the JD program at Melbourne Law School. He is a Member, of the Anglican Church Professional Standards Review Board (Victoria), a Member of the UMSU and GSA Electoral Tribunals and a Member of the AFSA Trustee Registration Committee. Before joining the Bar Michael was a Senior Associate at Blake Dawson Waldron practising in Commercial Litigation including Banking and Insolvency.
From 1st July 2008, liability limited by a scheme approved under Professional Standards Legislation.
Gavan Griffith QC is counsel at the Australian and English (call at Lincoln’s Inn 1969) bars. He has over 30 years seniority holding 8 Commissions as Queen’s Counsel. He has had extensive practice as a commercial, constitutional and public international counsel, and since his return to private practice in 1998, has practiced principally from his London chambers, usually presiding as a member of international commercial and investment treaty dispute tribunals as Arbitrator.
After 20 years in private practice, he held office for 14 years from 1984 as the Solicitor-General of Australia. As Australia’s Second Law Officer, and pleaded some 250 constitutional and other cases before the entire bench of the High Court of Australia, as ex officio the leader of the Australian bars. He also has appeared in other superior appeal courts, including Malaysia, Fiji, Solomon Islands, and in the Judicial Committee of the Privy Council.
He was Agent and Counsel of Australia at the International Court of Justice in the several cases of Nauru v Australia, Portugal v Australia and the Nuclear Test Cases and also in two references by the WHA as to the legality of Nuclear Weapons.
He also represented Australia at the General Assembly, including the 6th Committee, Australian delegate and sometime Vice-Chairman of UNCITRAL and to The Hague Conference 1984 to 1997 and recurrent terms as member and sometime Chairman of the ITELSAT Panel of Legal Experts, the Permanent Court of Arbitration, and other international bodies.
In 1994 to 1995 he was seconded as Special Counsel to the United
Nations, New York, to write a report, since implemented, for the reform of the
legislative structure of the UN.
Jon has a commercial practice including intellectual property, competition and consumer protection law, marketing and regulatory compliance.
Jon has a substantial background in matters involving technical issues and expert evidence. This includes intellectual property and matters involving regulatory or compliance issues such as consumer law, food regulation, veterinary and agricultural products and therapeutic goods. His practice includes building and construction and commercial disputes concerning the technical characteristics of goods or services.
Jon has particular expertise in intellectual property including patents, trademark and related branding rights, copyright, design and confidential information. Jon practices in patent litigation and actions relating to copyright, trademark and trade secrets. He practices in opposition proceedings for patents and trademarks, opposition to amendments and non-use applications. He also practices in intellectual property licensing, commercialisation and franchising, both in the context of disputes and providing strategic advice for business development.
He has advised clients in relation to consumer law issues, including, advertising, advertising disputes and scientific testing in relation to validating and challenging product claims. He has advised clients in relation to product development, packaging and labelling and in relation to nutritional, therapeutic, agricultural and veterinary products.
Before joining the Bar, Jon was a Senior Associate in the Intellectual Property and Litigation department of Allens Arthur Robinson. His non-law training is mostly in the medical and life sciences but he has engineering exposure and works with most areas of science and technology. Jon has had a substantial engagement with a generic pharmaceutical client.
Jon has worked on matters in the following areas:
Liability limited by a scheme approved under Professional Standards legislation.
Lisa has a trial and appellate practice in commercial law, public law and common law matters.
She is a Vice President of the Victorian Bar. She is also an Advanced Mediator (VBAM), recognised in Doyles' Guide as a leading mediator in Victoria.
Lisa has significant experience in disputes involving land and other property rights. She is regularly briefed in trials and appeals concerning the compulsory acquisition of interests in land (and other similar claims for compensation), and also in ratings and land tax challenges. She is recognised in Doyles' Guide as a leading Victorian planning and environment silk.
Lisa also has a substantial professional liability practice, advising and appearing in significant professional negligence matters, and also in matters of regulation and discipline, particularly in appeals and applications for judicial review. She has served on the Victorian Legal Admissions Committee since 2018.
Lisa has a keen interest in sports law. In November 2024, she was appointed to the St Kilda Football Club Integrity Committee. Lisa was a member of the AFL Tribunal Counsel panel in 2023 and 2024, regularly appearing at the AFL Tribunal and Appeal Board.
Lisa is the immediate past Chair of the Victorian Bar Ethics Committee. Between 2020 and 2024, she served on the Legal Costs Committee as a representative of the Victorian Legal Services Board. In 2021-2022, Lisa was the Vice President Convenor of the Commercial Bar Association of Victoria.
A more comprehensive CV, including details of more recent cases in which Lisa has appeared, can be accessed by clicking on the link in this profile.
Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.
Timothy accepts briefs in civil and commercial matters, including as a mediator. He is a Reporter for the Victorian Reports.
Before being called to the Bar, Timothy was a solicitor at MinterEllison (2014-17) in commercial litigation. He was also Associate to the Honourable Justice Beach of the Federal Court of Australia (2017-18).
Timothy is admitted to the degrees of Master of Laws (2022), Juris Doctor (2013), and Bachelor of Arts (2010) in the University of Melbourne, where he was an Editor of the Melbourne Journal of International Law (2013). He read with Robert Craig KC.
Published decisions
Sergio Freire practises in commercial law. His practice encompasses general commercial, corporations, insolvency, equity and trusts, property, and banking and finance matters.
Before joining the bar, Sergio practised as a commercial litigation solicitor for more than 12 years: at Ashurst Australia in Melbourne (2002-2012) and, before that, at Allens in Brisbane (2000-2002).
A selection of cases in which Sergio has appeared can be seen in the Extended Biography tab (link above).
Sergio holds a Bachelor of Commerce and Bachelor of Laws (Honours Class I) from the University of Queensland.
He has been recognised by Best Lawyers in Australia.
He is a member of the Executive Committee of the Commercial Bar Association.
He is also a member of the ASIC Insolvency Practitioner Registration and Disciplinary Committee - Minister's Pool.
From 25th Oct 2012, liability limited by a scheme approved under Professional Standards legislation.