Tess has a broad commercial law practice and has experience advising and appearing in disputes concerning contract, equity and trusts, and corporations law.
Prior to coming to the Bar, Tess served as an associate to the Honourable Justice Elliott of the Supreme Court of Victoria. She also worked as a solicitor at Holding Redlich where she acted in a range of complex commercial disputes, royal commissions, white-collar criminal law matters and asset confiscation applications.
Tess holds a Bachelor of Arts and a Juris Doctor from the University of Melbourne.
In addition, Tess holds Negative Vetting 1 security clearance from the Australian Government Security Vetting Agency.
Tess read with Katherine Brazenor and her senior mentor is Kateena O’Gorman SC.
Liability limited by a scheme approved under Professional Standards Legislation.
Fiona practises primarily in the area of medical liability. She appears in medical negligence trials including cases involving catastrophic injuries. Fiona also appears in coronial inquests and professional disciplinary hearings involving health practitioners.
Fiona is an experienced mediator with ability to facilitate online mediations.
Harley practises in all areas of commercial, employment and regulatory law.
Prior to coming to the bar, Harley had a career spanning over 15 years in Australia and Hong Kong. He held senior positions across both private practice and in the government, including as a senior lawyer at the Fair Work Ombudsman and as a partner of global law firm, Mishcon de Reya.
Harley specialises in commercial litigation and arbitration, as well as professional regulatory and civil penalty proceedings. He has been involved in and led some of the largest and most complex financial cases in Australia and Hong Kong, particularly in the context of corporate fraud with significant cross-border elements, involving the intersection between Australia, Hong Kong SAR, Mainland China and offshore jurisdictions.
Harley holds a Bachelor of Economics and a Bachelor of Laws with First Class Honours, as well as a Masters in Law (BCL) from the University of Oxford, graduating with Distinction.
Harley is admitted as a solicitor in the High Court of Hong Kong and was conferred Higher Rights of Audience to practise as a Solicitor Advocate in civil matters in Hong Kong. He was also an Associate to the Honourable Justice Layton in the Supreme Court of South Australia.
Harley read with Georgie Coleman and his senior mentors are Kathleen Foley SC and Albert Dinelli KC.
Liability limited by a scheme approved under Professional Standards Legislation.
Summary
James Barber KC practises commercial litigation, mainly in cases involving equity & trusts, sale of land, leases, restitution, corporations & securities, insolvency and banking & finance. Before his call to the Bar he practised as a commercial litigation solicitor for eight years in Melbourne and London and spent some months seconded to the litigation department of a major bank. He has an LLM from University College, London.
James is co-author, with William Rimmer of counsel, of Voumard – The Sale of Land (published by Thomson Reuters) having been co-author with the late Nimal Wikramanayake KC from 2018 until Nimal’s demise in 2023.
Experience:
Significant or interesting matters include:
VicProp OC Pty Ltd v AIG Australia Ltd [2025] VCC 83 (leading Daniel Briggs): general insurance; construction of insurance contract;
Immix Holdings Pty Ltd v Western Port Metal Recyclers Pty Ltd [2024] VCC 1551 (specific performance of contract of sale of business);
Salamon v Dolphin [2023] VCC 791: constructive or resulting trust; proprietary estoppel;
China Insurance Group Finance Company Ltd v Kingston (No 3) [2023] VSC 6 (led by Penny Neskovcin KC); loan agreement, foreign law, estoppel, unconscionable conduct;
Northgate Park Pty Ltd v Floyd [2022] VSC 783 (represented minor beneficiaries): lost trust deed;
Aviation 3030 Pty Ltd (in liquidation) v Lao [2022] FCA 458 (represented 4th, 5th & 6th defendants the claims against whom were resolved after 10 days of trial): unreasonable director-related transaction, directors’ duties, fiduciary duties, knowing assistance and knowing receipt;
Chan v Valmorbida Custodians Pty Ltd S CI 2017 03211 (led by Allan Myers QC, leading Joseph Carney, represented plaintiffs whose claims were resolved after 8 days of trial): removal of trustees, breach of trust;
Troiano v Voci [2021] VSC 851 (leading Joseph Carney): breach of contract, fiduciary duties, knowing receipt;
Australian Fast Foods Pty Ltd v Kameel Pty Ltd [2021] VCAT 921: retail lease, appointment of valuer;
Chan v Valmorbida Custodians Pty Ltd [2020] VSC 633 (led by Carolyn Sparke QC, leading Joseph Carney): amendment of pleadings;
Chan v Valmorbida Custodians Pty Ltd [2020] VSC 590 (led by Carolyn Sparke QC, leading Joseph Carney): beneficiary’s application to inspect trust documents;
Teen Entertainment Enterprise Network Pty Ltd v A&H Natoli Pty Ltd [2020] VSC 388: appeal from the Victorian Civil and Administrative Tribunal (VCAT);
Carbone v Melton City Council (2020) 60 VR 539; [2020] VSCA 117: statutory interest;
Chan v Chan [2020] VSCA 40: summary recovery of possession of land;
Troiano v Voci (2019) 61 VR 511: security for costs;
Hampshire Automotive Pty Ltd v Centre Com Pty Ltd (2019) 60 VR 579; [2019] VSCA 77 (led by Ian Upjohn QC): easements by prescription, doctrine of lost modern grant, whether dominant tenement landlord’s consent is required for tenant’s enforcement of easement;
Red Pepper Property Group Pty Ltd v S 3 Sth Melb Pty Ltd [2019] VSC 41: appeal from VCAT, retail leases, construction, alleged landlord’s repudiation;
Chan v Valmorbida [2018] VSC 336 (led by Carolyn Sparke QC): construction and rectification of Will;
Guildford International Group Pty Ltd v Aviation 3030 Pty Ltd [2018] FCA 600; Guildford International Group Pty Ltd v Aviation 3030 Pty Ltd (No 2) [2018] FCA 1486: security for costs;
CellOS Software Pty Ltd v Huber (2018) 132 ACSR 468 (led by Daniel Crennan QC): diversion of business opportunity, capital raising and secondary market, application by a company to recover profits made in trading in its own shares;
ASIC v Hochtief AG (2016) 117 ACSR 589 (led by Neil Young QC): insider trading;
Rees v Rees [2016] VSC 452; [2016] VSC 579: deed of settlement set aside for mistake, indemnity costs;
Versus (Aus) Pty Ltd v ANH Nominees Pty Ltd [2015] VSC 515: appeal from VCAT, retail leases, landlord’s statutory obligation to repair during renewed term, repudiation;
Vasco Investment Managers Ltd v Morgan Stanley Australia Ltd (2014) 108 IPR 52; [2014] VSC 455 (led by Sam Horgan QC): confidential information, restitution, quantum meruit, success fee;
CNM Investments Pty Ltd v Greek Orthodox Community of Victoria & Melbourne [2013] VCAT 1969: application to restrain counsel from continuing to act;
Westpac Banking Corporation v The Bell Group Ltd (in liq) (No 3) (2012) 44 WAR 1; 270 FLR 1; 89 ACSR 1; [2012] WASCA 157 (led by Neil Young QC): directors’ duties, breach of fiduciary duties, duty to exercise powers for a proper purpose, relief under the rule in Barnes v Addy, dispositions with intent to defraud creditors, equitable relief, compound interest;
RDN Developments Pty Ltd v Shtrambrandt [2011] VSC 130: compensation for lodgement of caveat without reasonable cause;
Re D W Marketing Pty Ltd (in liq) [2009] VSC 663: liquidator’s examination enjoined for abuse of process;
The Bell Group Ltd (in liq) v Westpac Banking Corp (No 10) (2009) 39 WAR 930; (2009) 71 ACSR 300 (led by Michael Corboy QC): equitable relief, compound interest;
In 2009 (with Byrne J and Philip Solomon, now Philip Solomon KC), drafting a new practice note for the Commercial Court of the Supreme Court of Victoria;
The Bell Group Ltd (in liq) v Westpac Banking Corp (No 9) (2008) 39 WAR 1; (2008) 225 FLR 1 (2008) 70 ACSR 1 (led by Ross Robson QC and Jim Peters QC): relief under the rule in Barnes v Addy, dispositions with intent to defraud creditors;
Allstate Exploration NL v QBE Insurance (Australia) Ltd (2007) 14 ANZ Ins Cas 61-743; [2007] VSC 380; [2008] VSCA 148 (led by Neil Young QC): construction of insurance contract;
Beaconsfield Gold NL v Allstate Prospecting Pty Ltd [2006] VSC 320 (led by Allan Myers QC and Peter Collinson QC): joint venture agreement, right of pre-emption;
Tarongo Land Pty Ltd v Lyons [2005] VSC 491 (led by Peter Vickery QC): construction of option agreement;
Alinta DEGP Pty Ltd v Wellington Shire Council (2005) 141 LGERA 187; [2005] VSC 307 (led by Jim Delany QC): rating;
Creasy's Grain Enterprises Ltd v Clarke and Barwood Lawyers Colac Pty Ltd [2004] VSC 77 (led by Nemeer Mukhtar QC): priority dispute between first and second mortgagees;
Oversea-Chinese Banking Corporation Ltd v Malaysian-Kuwaiti Investment Co [2003] VSC 495; [2004] VSC 351 (led by Nimal Wikramanayake QC): priority dispute between purchaser and mortgagee, rule in Hopkinson v Rolt; costs;
Crowe v Stevedoring Employees Retirement Fund Pty Ltd [2003] VSC 316: superannuation fund member's right to documents and information from trustee;
Logue v Hansen Technologies Ltd (2003) 125 FCR 590 (led by Robin Brett QC): security for costs;
Andrew Shelton & Co Pty Ltd v Alpha Healthcare Pty Ltd [2002] 5 VR 577 (led by Peter Vickery QC): restitution, free acceptance.
Representing, on many occasions throughout the period of the cases above, persons required to attend for examination under s 19 of the Australian Securities and Investments Commission Act 2001.
Professional Qualifications:
Academic Qualifications:
Previous Employment:
November 1998 to February 2001:
Senior Associate/Solicitor Commercial Litigation Department
Blake Dawson Waldron, Solicitors
101 Collins Street Melbourne
(Appointed Senior Associate 1 July 1999)
(including 5 months seconded to the litigation department of a major bank)
September 1996 to October 1998:
Solicitor
Litigation Department
Freshfields, Solicitors
65 Fleet Street, London
September 1995 to August 1996:
Full-time LLM student
April 1992 to August 1995:
Solicitor
Blake Dawson Waldron, Solicitors (now Ashurst Australia)
March 1991 to March 1992:
Articled Clerk
Blake Dawson Waldron, Solicitors (now Ashurst Australia)
Before being called to the Bar, major matters as a solicitor included:
From 10th August 2011, liability limited by a scheme approved under Professional Standards Legislation.
Liam is a commercial barrister specialising in commercial, construction, ACL and insurance disputes.
He is recognised as a preeminent construction and infrastructure law barrister both in Victoria and Australia-wide in the peer-reviewed Doyle's Guide. He appears (led and unled) in commercial courts throughout Australia.
Liam has particular expertise in acting in substantial and complex construction and engineering disputes involving litigation or arbitration. Many of these disputes concern major infrastructure projects (across a range of sectors including energy, roads, waste-water treatment plants, desalination plants and hospitals) and involve complex issues of delay, disruption, contract termination and professional negligence.
Liam is also experienced in acting in disputes involving the security of payment legislation, including applications for judicial review, having been involved in a number of significant decisions in this area.
Liam is a member of Victorian Bar's Building and Construction law group and the Society of Construction Law Australia.
A selection of recent cases/ significant cases:
Court proceedings (various)
Security of payment matters
Arbitration proceedings
Expert determination
From 21st June 2011, liability limited by a scheme approved under Professional Standards Legislation.
Eugene practises principally in tax law. He has acted for both taxpayers and the Commissioner of Taxation in leading cases in the High Court and Federal Court.
Eugene advises and acts in disputes involving issues such as consolidation, transfer pricing, the CFC rules, thin capitalisation, double tax treaties, capital gains tax, the debt/equity rules, capital/revenue distinctions, losses, GST, taxation of trusts and Part IVA. He acts for clients in the mining, infrastructure, telecommunications and financial services industries, among others, providing opinions and assisting them in their dealings with the Commissioner during reviews, audits, objections and litigation.
Eugene has a Master of Tax from the University of Melbourne where he is a Senior Fellow of the Law Faculty lecturing in the subject Tax Litigation and, previously, Tax Avoidance and Planning.
He is the immediate past President of the Tax Bar Association and a Fellow of the Tax Institute of Australia.
Eugene is consistently recognised in publications such as Doyles Guide, Chambers and Partners Asia Pacific, Who's Who Legal and Best Lawyers.
Recent or significant cases in which Eugene has appeared as silk include (client in bold):
From 24/07/2008, Liability limited by a scheme approved under Professional Standards Legislation.
Julia practises across criminal and quasi-criminal law (including disciplinary and regulatory matters), and in common law. Julia regularly acts in tortious claims involving police misconduct.
Julia also accepts briefs in coronial and judicial review matters.
Prior to coming to the bar, Julia was a solicitor-advocate at the North Australian Aboriginal Justice Agency, an associate to the Hon. Justice Jane Dixon in the Supreme Court of Victoria and a solicitor at Fitzroy Legal Service in a health-justice partnership with St Vincent’s Hospital.
Julia holds a Bachelor of Arts (Media & Communications) from the University of Melbourne and a Juris Doctor from Monash University.
Julia read with Amelia Beech. Her senior mentor was the Hon. Justice Elizabeth Bennett.
Liability limited by a scheme approved under Professional Standards Legislation
Kathleen maintains a broad practice and accepts briefs to appear and advise in a range of areas including:
Previously, Kathleen served as the Associate to the Honourable Justice R R S Tracey AM RFD of the Federal Court of Australia. Immediately prior to coming to the Bar, Kathleen was employed as a Senior Solicitor at the Office of Public Prosecutions. Prior to this, she served as a legal officer at the Coroners Court assisting Coroner R Carlin (as her Honour then was), and as a lawyer within the Court of Appeal Registry.
Kathleen read with P Wallis KC. Her senior mentor was R Gillies KC.
Recent significant matters include:
Appointments:
Kathleen currently serves as a member of the Executive Committee of the Commercial Bar Association and the Exam Committee. She previously served on the Health and Wellbeing Committee. Kathleen is a director of the Victorian Bar Foundation, the Bar's charitable trust.
From 25 October 2018, liability limited by a scheme approved under Professional Standards legislation.
Andrew put on a bit of condition since becoming a parent, but sees this as lending greater weight to his submissions.
He enjoys riding Italian motorcycles and eating Italian food (see reference to condition).
An experienced advocate who can be an expert on anything given sufficient notice.
Chadwick has a broad practice in public, commercial, regulatory and criminal law. He has particular interest in corporate misconduct, white-collar crime, class actions and human rights.
Before coming to the Bar, Chadwick had a career spanning the public, private and not-for-profit sectors. He was most recently General Counsel at Grata Fund, a public interest litigation funder. Previous roles include Acting Principal Solicitor and Senior Solicitor at the Justice and Equity Centre specialising in strategic litigation, Associate at Allens working on regulatory investigations and disputes, and Adviser at the Department of the Prime Minister and Cabinet, advising on public law and policy including national security.
Chadwick was also Associate to the Hon Justice Mortimer, now Chief Justice of the Federal Court.
Chadwick holds a Bachelor of Laws (Hons I) and a Bachelor of Arts in Government and International Relations from the University of Sydney. He also has a Master of Laws specialising in International Law (with Distinction) from the Australian National University. He currently teaches public law at Melbourne Law School.
Chadwick sits on the Victorian Bar’s Human Rights Committee and is on the Commonwealth DPP’s Junior Counsel List. He read with Fiona Batten and his senior mentor is Neil Clelland KC.
His recent cases include:
Public law
Commercial and regulatory
Class actions
Crime
Liability limited by a scheme approved under Professional Standards legislation.
Ben practises in commercial, public law and discrimination matters. He has a significant practice in work-related areas, including employment law, industrial law and occupational health and safety.
Ben appears at trial and appellate level for a diverse range of clients. He regularly appears for corporations, government departments, individuals and associations at State and federal levels. He acts for clients in a variety of industries, including healthcare, education, manufacturing, construction and banking and finance.
Before coming to the Bar, Ben worked in private practice at Holding Redlich, predominantly in the workplace relations and safety team. He also practised in-house at KDR Victoria Pty Ltd (trading as Yarra Trams) and accepts briefs directly from in-house counsel.
Ben holds a Bachelor of Laws (with Honours) and Bachelor of Arts from Monash University.
Ben read with Jack Tracey KC. His senior mentor is Jonathan Kirkwood SC.
His recent cases include:
Liability limited by a scheme approved under Professional Standards legislation.
Ivy accepts briefs in all areas of law, and has a particular interest in common law, commercial law, coronial inquests, employment and insurance matters.
Before coming to the Bar, Ivy was an associate to the Hon. Chief Justice Ferguson at the Supreme Court of Victoria.
Earlier, she practised as a solicitor at Corrs Chambers Westgarth in the commercial disputes team where she specialised in investigations and public inquiries, personal injury, and regulatory matters. She has acted in high profile Royal Commissions, government inquiries and coronial inquests, including most recently, the Victorian Hotel Quarantine Board of Inquiry. Whilst at Corrs, Ivy was also seconded to a multinational mining company as a workplace investigator.
Ivy holds a Bachelor of Laws (Hons) and a Bachelor of Commerce from the Australian National University.
Ivy is reading with Elle Nikou Madalin and her Senior Mentors are Ben Jellis SC and Jeremy Ruskin KC.
Liability limited by a scheme approved under Professional Standards Legislation
David practices primarily in Patent Law and Intellectual Property generally, Competition, Telecommunications, Administrative, Corporations and Commercial
Law and appellate work.
Over the last 40 years, David has had extensive trial and appellate experience in Australia in the Federal Court and High Court, focused heavily, but not exclusively, on patents (especially pharmaceutical and life sciences, and software and business methods) on trade marks and competition and administrative law. He also has trial and appellate experience in the Supreme Court of Victoria, especially in the Commercial Court. He has also appeared in the Equity Division of the NSW Supreme Court. He has appeared in a number of landmark patent, trade mark and competition cases as a silk over the last 26 years.
In New Zealand where David was appointed silk in 1994, his appearance work in the High Court, Court of Appeal and Supreme Court has focused heavily on competition and regulatory work but includes some patent and trade mark work. He appeared for Transpower in NZ in the input methodologies litigation and Pfizer in the Viagra patent litigation.
For nine years he lectured in the Masters programs at Melbourne Business School, Melbourne University and Monash University in Advanced Trade Practices Law with the late Prof Maureen Brunt, the late Professor Baxt and Professors Fels, Williams, and Officer. David has been an accredited LEADR Mediator and the former Trade Practices Editor of the ABLR. David is also admitted in New Zealand.
Roshena practises in commercial and public law.
Prior to coming to the bar, Roshena was a Senior Associate at Corrs Chambers Westgarth. Roshena acted for multinationals, government authorities and large public and private entities in a variety of matters in the Federal Court, Supreme Court and appellate courts.
Roshena holds a Bachelor of Arts and a Bachelor of Laws with Honours from Monash University and a Master of Laws from the University of Melbourne.
Roshena read with the Honourable Justice Catherine Button and her senior mentor was the Honourable Justice Niall (then Solicitor-General for Victoria).
Practice
Roshena has advised and appeared both led and unled in commercial and public law matters. Select matters in which Roshena has been briefed include:
Connective Services Pty Ltd & Anor v Lees & Ors (reserved) – acted for defendant directors in a 52 day trial in the Supreme Court of Victoria involving allegations of breaches of directors’ duties (led by Michael Borsky QC).
Crown Melbourne Royal Commission into the Casino Operator and Licence
Perth Casino Royal Commission
Acting for the State of Victoria in disputes regarding the West Gate Tunnel Project (led by Martin Scott QC).
Acting for the taxpayer in a confidential transfer pricing matter.
Warrnambool Cheese & Butter Factory Company Holdings Limited v Mondelez Australia (Foods) Limited - environmental contamination (led by Tomo Boston QC).
Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.
Amcor Flexibles Group Pty Ltd v AIG Australia Limited [2016] FCA 1428 – acted for insurer in dispute regarding breach of warranty on business purchase (led by Catherine Button QC).
Bodycorp Repairers Pty Ltd v GDG Legal Pty Ltd & Anor [2018] VSCA 32 and Bodycorp Repairers Pty Ltd v GDG Legal Pty Ltd & Anor [2017] VSC 200 – professional negligence (settled). Appeared both unled and led by Catherine Button QC.
Lopez v Harstedt Pty Ltd [2018] VSCA 19, Harstedt Pty Ltd v Tomanek [2018] VSCA 84 and Harstedt Pty Ltd v Apollo Development Enterprises Pty Ltd [2017] VCC 834 – fraudulent breach of trust and on appeal to the Court of Appeal (led by David Robertson QC).
Harstedt Pty Ltd v Lopez & Ors [2018] VCC 1361 - transfer of land with intent to defraud creditors (led by David Robertson QC).
Australian Motoring Services Pty Ltd v Victorian WorkCover Authority (VCAT, 2017) - acted for statutory authority in an insurance premium dispute (unled).
Celsius Fire Services Pty Ltd v Magistrates’ Court of Victoria - acted for plaintiff in Supreme Court judicial review proceedings arising out of a prosecution under the Occupational Health and Safety Act 2004 (Vic) (led by Timothy McEvoy QC and Anthony Strahan QC).
Dominion WFS Pty Ltd and Ors v Ace Insurance and Ors (Supreme Court of New South Wales) - contraventions of the Corporations Act and the Superannuation Industry (Supervision) Act (led by Andrew Coleman SC and Andrew Bailey).
Tom is a generalist and accepts briefs in a broad range of areas. He has a passion for media law (defamation and privacy) and a keen interest in commercial and common law disputes.
Before coming to the Bar, Tom was an Associate to the Honourable Justice Incerti of the Criminal Trial Division of the Supreme Court of Victoria. In that time, Tom assisted her Honour with a series of landmark bail rulings (including Re PJ, Re Terei and Re McLaughlin) and several significant decisions under the Serious Offenders Act. Prior to admission, Tom worked at a boutique media law firm. In an earlier life, Tom was an actor (bartender) in LA and NY.
Tom holds a Juris Doctor degree from the University of Sydney, where he was awarded the Aaron Levine Prize for Criminal Law, and is currently pursuing a Master of Laws at the University of Melbourne (with a focus on media and IP law). Tom also holds a Bachelor of Arts (English, Australian Indigenous Studies) from the University of Melbourne and a certificate in winemaking from UC Davis.
Tom read with Amelia Beech and his senior mentor is Chris Winneke KC.
Tom does not accept direct briefs.
Liability limited by a scheme approved under Professional Standards Legislation.
Advises and appears in cases at interlocutory, trial and appellate levels, (common law litigation, commercial & equity litigation, international law & arbitration, large scale litigation, constitutional & administrative law and sporting disputes), conducted in multiple jurisdictions, but primarily in Melbourne, Sydney, London, Singapore, Kuala Lumpur and Lausanne. Frequently appears in common law jury cases and causes conducted in the Supreme and County Courts of Victoria, including in the field of defamation. Select cases appear below.
Appointed a Senior Fellow (Course Director of the LLM subject 'International Sports Arbitration') at Queen Mary University of London (School of Law) in 2022. Previously a Senior Fellow at the University of Melbourne (Faculty of Law), 2010-2022. Past President of the Commercial Bar Association of Victoria (CommBar), 2024-2025. Recognised internationally in Who's Who Legal (2016-2025 editions) as a leading lawyer in the specialty of sports law and listed by Doyle's Guide as a leading senior counsel in arbitration and administrative & public law.
Holds degrees from the Queensland University of Technology (LLB) and the University of Cambridge (MSt). Prior to commencing practice at the Bar, practised as a Lawyer (1986 to 1990) at: Power & Power, Brisbane; Allen Allen & Hemsley (Allens), Sydney; and Baker & McKenzie, Sydney. Chambers located in Melbourne (Owen Dixon Chambers West, Level 9 - Dever's List), Sydney (8 Wentworth Chambers) and London, Singapore and Kuala Lumpur (39 Essex Chambers).
[2025] HCADisp 293 [Appeal pending].
Trespass; Breach of copyright, Constructive trust; Injunction.
[2013] HCASL 115.
Insolvency, Proof of fraudulent disposition of property (Bankruptcy Act 1974, s.121).
[2010] HCATrans 188.
Equity, Unconscionability (Garcia and Yerkey principle).
[2009] HCATrans 223.
Contract, Reasonableness of restraint of trade clause.
[1994] HCA 18, (1994) 179 CLR 463; (1994) 120 ALR 605; (1994) 68 ALJR 432.
Constitutional law, Inter-state discrimination/Full faith and credit (Constitution, ss.117 and 118).
[2025] FCAFC 104, [2025] FCAFC 134; [2024] FCA 1455.
Trespass; Breach of copyright, Constructive trust; Injunction; Constitutional implied right to freedom of political communication.
Unreported (O’Callaghan J), 1 September 2025, No. VID 695 of 2025.
Corporations, Oppression of minority shareholder (Northwest Bend Solar Project).
Unreported (Horan J), 9 December 2024, No. VID 1148 of 2024.
Administrative Law. Judicial review, Irrelevant considerations.
[2022] FCA 171; [2022] FCA 910.
Injunction, Variation of freezing order.
[2017] FCA 425.
Company’s ‘examinable affairs’ (Corporations Act 2001, s.596).
[2012] FCA 1448, (2012) 208 FCR 165.
Proof of fraudulent disposition of property (Bankruptcy Act 1974, s.121).
[2010] FCA 1417, (2010) 191 FCR 68.
Company’s ‘examinable affairs’ (Corporations Act 2001, s.596).
[2008] FCA 399, (2008) 167 FCR 463.
Administrative Law. Judicial review.
Unreported (Bennett J), 21 April 2005, 4 August 2005 and 2 May 2006. No. N-1298 of 2004.
Intellectual property, Trademarks (‘the worm'), Breach, Proprietorship, Prior/Honest and concurrent use.
[1999] FCA 1410.
Subpoena set aside; Costs of compliance.
[1998] FCA 1189.
Breach of contract; Misleading and deceptive conduct (Trade Practices Act 1974, s.52); Assessment of damages.
[1995] FCA 1356, (1995) 59 FCR 35, (1995) 137 ALR 544, (1995) 31 IPR 393; (1995) ATPR 41-427, [1994] FCA 1551; (1995) ATPR 41-400.
Misleading and deceptive conduct (Trade Practices Act 1974, s.52); Limitation of actions.
(1995) 57 FCR 45, (1995) ATPR 41-407, (1995) ATPR 41-442.
Misleading and deceptive conduct (Trade Practices Act 1974, s.52).
[2022] VSC 387.
Equitable fraud (Knowing assistance & receipt, Barnes v Addy principle), Equitable compensation, Worldwide freezing order.
[2021] VSC 560.
Suppression Order (Open Courts Act 2013 (Vic), ss. 4, 10, 17, 18).
Unreported (Croucher J), 28 October – 11 November 2020, No. S CI 2018 01296.
Negligence (Occupier’s liability), Product liability (Defective product and installation), Foreseeability, Response to risk.
[2020] VSC 729.
Administrative Law, Jurisdictional error.
Jury (John Dixon J), 5-28 August, 16 September 2019, 24 February 2020. [2020] VSC 67; [2019] VSC 826; [2019] VSC 591; [2019] VSC 590; [2019] VSC 507; [2019] VSC 506; [2018] VSC 209; [2017] VSC 496.
Defamation, Imputations, Justification, Damages, Witness pseudonym orders.
[2018] VSC 784.
Negligence, Causation.
[2017] VSC 467.
Negligence; Foreign State Immunity.
Jury (Keogh J), 15-22 August 2016. [2016] VSC 715.
Negligence, Foreseeability.
[2016] VSC 626.
Release from Harman obligation.
[2016] VSCA 266.
Appeals, Leave to appeal out of time.
[2016] VSC 224.
Corporations; Realisation of security, Liquidator’s duty; Apprehended Bias.
[2015] VSCA 301.
Administrative Law. Judicial review, Availability of declaratory relief.
[2015] VSCA 199.
Appeals, Stay of judgment pending appeal.
[2014] VSCA 159.
Appeals, New evidence on appeal; Proper construction of Settlement Deed; Accord and satisfaction.
[2014] VSC 342.
Appeals, New evidence on appeal; Summary judgment, Triable issue.
Jury (Cavanough J), 7-17 October 2013.
Negligence, Obvious risk, Damages.
[2012] VSC 358.
Negligence, Causation (Failure of bridge coating), Damages.
[2012] VSC 187, (2013) 35 VR 419.
Sheriff’s duties on unreserved sale of property; Inherent jurisdiction of court to set aside sale at undervalue; Equity, Unconscionability.
[2010] VSC 155, (2010) 27 VR 171; [2010] VSC 127, (2010) 27 VR 140.
Defamation, Justification, ‘Hore-Lacey’ defence, Fair comment, Qualified privilege, Malice, Damages.
[2009] VSCA 290.
Equity, Unconscionability (Garcia and Yerkey principle).
Jury (J Forrest J), 10-28 November, 1 December 2008. [2008] VSC 547; [2008] VSC 548; [2008] VSC 549; [2008] VSC 550; [2008] VSC 553.
Defamation, Justification, Fair comment, Malice, Damages.
[2007] VSC 105.
Defamation, ‘newspaper rule’.
[2008] VSCA 25; (2008) 19 VR 294; [2006] VSC 279; [2007] VSC 8.
Contract, Proper construction of loan agreement, Calculation of interest; Implied terms.
[2007] VSC 194.
Injunction; Interpretation of contract; Private International Law (Chinese law); Adequacy of remedy of damages.
[2005] VSC 198.
Resulting Trust, Rebuttal of presumption of resulting trust.
[2005] VSCA 67, (2005) 59 ATR 33; [2003] VSC 349; (2003) 54 ATR 127.
Constructive Trusts, Declaration (Standing of applicant).
[2004] VSC 69.
Employment contract, Termination.
[2003] VSC 252.
Right to legal representation before domestic tribunal.
[2002] VSC 543.
Insolvent trading, Directors’ liability, Interlocutory injunction.
[2002] VSC 440.
Contract, Repudiation. Specific performance. Failure to lodge caveat, Consequences, Constructive notice.
[2002] VSC 51; (2002) V ConvR 54-659.
Caveats, Successive caveats, Caveatable interest.
[2000] VSC 403, (2000) 35 ACSR 462, (2001) 19 ACLC 213.
Corporations, Derivative action, Application of rule in Foss v Hardbottle (Corporations Law, ss.236, 237).
[2000] VSC 392.
Mareva injunction, Onus of proof.
[2000] VSC 318.
Constructive trusts, Nature of contributions; Equity, ‘clean hands'.
[2000] VSCA 86.
Costs (solicitor/client and solicitor/own client), Solicitor's entitlement.
[2023] NSWSC 173.
Administrative Law. Judicial review.
[2014] NSWCA 44; [2013] NSWSC 1001, [2014] NSWSC 1052.
Defamation.
[2008] NSWSC 344.
Misrepresentation; Misleading and deceptive conduct (Trade Practices Act 1974, s.52).
[1999] NSWCA 199, (1999) 46 NSWLR 538, (1999) 32 ACSR 294, (1999) 7 ACLC 1247; (1996) 19 ACSR 204, (1996) 14 ACLC 345.
Corporations, Directors’ fiduciary duties.
(1996) 33 ATR 521; (1996) 34 ATR 26.
Breach of undertaking, Contempt.
(1996) 39 NSWLR 337, (1996) 132 FLR 266.
Prohibition on enforcement of Mortgage (Farm Debt Mediation Act 1994 (NSW), s.4).
(1994) Aust. Contract R 90-359.
Contract, Privity, Umbrella organisation; Estoppel.
(1993) 4 Med LR 161.
Negligence, Response to risk (Laparoscopy/Laparotomy – surgical decision).
Unreported (Gleeson CJ), 1 June 1993, No. 1789/1991.
Negligence, Motor vehicle accident occurring on private not public road.
Unreported (Cohen J), 18 October 1991, No. 2249/1991.
Real Property, Deposit, Forfeiture, Calculation of loss.
[2025] VCC 1181.
Criminal Law, Workplace death (Building & construction), Sentence.
[2024] VCC 429.
Negligence, Insurance (Professional indemnity), Liability, Quantum.
Jury (HHJ Clarke), 1-14 February 2024.
Negligence, Personal injury (Crane failure), Liability, Quantum, Insurance (Contribution).
Jury (HHJ Morrish), 22 May - 11 July 2023. [2023] VCC 1667.
Negligence, Personal injury (Psychological injury), Liability, Quantum.
[2021] VCC 1591.
Statutory Recovery, Workplace Injury and Compensation Act 2013 (VIC), ss.369, 435 (Indemnity), Wrongs Act 1958 (VIC), ss.48-59.
[2021] VCC 1940.
Negligence, Personal injury (Psychological injury), Liability, Quantum.
[2021] VCC 1312.
Negligence, Personal injury, Liability, Quantum.
[2021] VCC 638.
Negligence, Personal injury, Liability, Quantum.
[2021] VCC 609.
Statutory Recovery, Workplace Injury and Compensation Act 2013 (VIC), ss.369, 491 (Indemnity).
Jury (HHJ Clayton), 17-27 May 2021.
Defamation, Publication, Justification, Contextual Truth, Qualified Privilege, Malice, Damages.
Jury (HHJ Ginnane), 9-28 October 2019.
Negligence, Personal Injury, Liability, Quantum.
Jury (HHJ Jordan), 27 May - 1 June 2019.
Medical Negligence, Liability, Quantum.
[2019] VCC 400; [2019] VCC 327.
Negligence, Insurance (Property damage), Liability, Quantum. Costs (Indemnity costs).
[2018] VSC 784.
Negligence, Personal injury, Liability, Quantum.
Jury (HHJ K L Bourke), 7-17 May 2018.
Negligence, Personal injury, Liability, Quantum.
[2018] VCC 124.
Statutory Recovery, Accident Compensation Act 1986 (VIC), s.138 (Indemnity).
Jury (HHJ Saccardo), 13-25 October 2017. [2017] CCV 1022.
Negligence, Personal injury, Liability, Quantum. Limitation of Actions Act 1958 (Extension of time).
Jury (HHJ Brookes), 7-25 August 2017.
Negligence, Personal injury, Liability, Quantum.
[2016] VCC 30.
Tort. Assault and Battery; Limitation of Actions Act 1958 (Extension of time).
Jury (HHJ Parrish), 12-24 August 2015.
Negligence, Personal injury, Liability, Quantum.
Jury (HHJ Judge Dyer), 16-18 June 2015. [2015] VCC 1771.
Negligence, Personal injury, Liability, Quantum. Contribution. Statutory Recovery (Indemnity), Accident Compensation Act 1986 (VIC), s.138.
Jury (HHJ Cohen), 29 May - 6 June 2014.
Negligence, Personal injury, Liability, Quantum. Insurance, Construction of agreement for indemnity.
[2014] VCC 465.
Negligence, Property damage, Breach of duty of care. Proportionate Liability, Wrongs Act 1958 (VIC), Part IVAA.
[2014] VCC 174.
Negligence, Existence of duty of care, Contributory negligence, Quantum (prior injury).
[2014] VCC 37.
Negligence, Foreseeability, Causation of injury.
Jury (HHJ Brookes), 28 August - 3 September 2013.
Negligence, Personal injury, Assessment of damages.
Jury (HHJ Murphy), 20 July - 13 August 2012. [2012] VCC (23 August 2012).
>Defamation, Justification, Qualified Privilege, Malice, Damages.
[2010] VCC 521.
Freezing order sought against third party, Balance of convenience.
Counsel, USD$800K, Proceeding resolved September 2017. Electronic Technology.
Sole Arbitrator, USD$1.349M, Final Award dated 12 September 2017. Infrastructure.
Sole Arbitrator, USD$11.250M, Final Award dated 28 September 2016. Infrastructure, Transportation and Energy.
CAS 2021/A/8550. Award & Order dated 15 February 2022.
CAS Jurisdiction, Time limit for appeal.
CAS 2021/A/8089. Appeal Award, 11 November 2021.
CAS 2021/A/7945. Appeal Award, 9 June 2021.
Olympic selection, Proper construction and application of Nomination Criteria.
CAS 2016/A/4635. Consent Award 5 October 2016.
Doping, Alleged ADRV.
CAS A1/2016. Partial Award, 30 June 2016; Final Award, 9 September 2016.
Olympic selection, Proper construction and application of Nomination Criteria.
CAS A3/2016. Final Award, 12 July 2016.
Olympic selection, Proper construction and application of Nomination Criteria.
CAS A4/2014. Partial Award (Jurisdiction), 27 March 2015. Final Award, 21 March 2016.
Jurisdiction, Termination of arbitration; Doping, Reliability of laboratory analysis of positive sample test result.
CAS 2014/A/3738. Partial Award, 9 January 2015. Final Award, 5 March 2015.
Doping, ‘B’ sample, Results management, Proof of alleged ADRV.
CAS 2013/A/3242. Award, 24 September 2013.
Jurisdiction, Separability of arbitration agreement (CAS Code of Sports-related Arbitration, Rules 28, 55 and Statute of Bodies Working for the Settlement of Sports-related Disputes, Article S1. Federal Code on Private International Law 1987 (Switzerland) Articles 186, 190(2)).
CAS 2011/A/259. Appeal Award, 15 December 2011.
Selection, Proper application and consideration of nomination/selection criteria, Review.
CAS 2010/O/2118. Consent Award, 9 June 2010.
Athlete surgically fitted with cardiac pacemaker, Risk or advantage to athlete, Power of AIBA/BAI to ban athlete.
CAS A2/2009. Appeal Award, 2 February 2010.
Doping, No significant fault or negligence; Sanction.
CAS A1/2009. Appeal Award, 4 November 2009.
Doping, Whether athlete bound by NF Anti-doping Policy; ADRV consequences for athlete and other team members.
CAS 2008/A/1652. Appeal Award, 2 June 2009; (2009) 4(1) ANZSLJR 1.
Doping, Non-analytical positive ADRV; Appeals, Time limit for lodgement of appeal.
CAS 2008/A/1574. Appeal Award, 7 July 2008; (2008) 3(1) ANZSLJR 1.
CAS 2008/A/1539. Appeal Award, 2 June 2008.
Misconduct, Bringing self into disrepute, Team agreement, Exercise of discretion to terminate agreement; Sanction, Severity, Proportionality; CAS appellate jurisdiction.
CAS 2007/A3. Final Award, 16 June 2008.
Doping, Non-analytical positive ADRV, Reliable means of proof of ADRV; Sanction.
CAS 2007/A/1291. Appeal Award, 21 December 2007.
Misconduct, Bringing sport into disrepute; Sanction, Severity, Proportionality.
CAS 2007/A/1311. Appeal Award (Save as to costs), 26 September 2007, (2007) 2(1) ANZSLJR 2; Final Award (Costs), 20 December 2007. Award (First Instance), 9 June 2007.
Doping, Non-analytical positive ADRV, Possession of prohibited substance (knowledge).
CAS 2004/A/651. Appeal Award, 11 July 2005; Award (First Instance), 8 June 2004.
Doping; CAS Appeals, Admissibility of new evidence on appeal; Private International Law; Costs.
CAS 2003/A/477. Appeal Award, 20 October 2003.
Doping, Opportunity for Athlete to be present at opening of ‘B’ sample.
Proceeding NST-E24-105202. Consent Award dated 5 September 2024.
Alleged equine ADRV, Jurisdiction, No fault/No significant fault or negligence of persons responsible, Applicable sanction.
Proceeding NST-E21-148352. Interim Award dated 13 December 2021, Final Award dated 28 January 2022.
Conduct, Code of Conduct and Member Protection Policy; Limitation of Actions; Applicable sanction.
Proceeding NST-E20-258261. Award dated 5 November 2020.
Sports Law. Conduct (Social media policy); Jurisdiction.
Panel Chair. Decision, 20 May 2025.
Doping, TUE, Unintentional ADRV, Sanction.
Panel Chair. Decision, 12 December 2023.
Doping, Unintentional ADRV, Sanction.
Panel Member. Decision, 16 August 2017.
Doping, Unintentional ADRV, Sanction.
Panel Member. Decision, 13 February 2020.
Doping, Non-analytical positive ADRV, Sanction.
Panel Member. Decision, 11 February 2020.
Doping, Non-analytical positive ADRV, Sanction.
[2021] FamCAFC 81.
Harman obligation.
Unreported (Crow J), 27 January 2026, No. 1240 of 2024.
Negligence (Asbestos-related disease), Foreseeability.
[2015] SASC 78.
Criminal law, Assault, Consent (sporting contest).
Unreported (Richards J), 22-23 July 2009, HC09C02458.
Unreported (Briggs J), 13-16 July 2009, HC09C02458.
Corporations’ regulation; FSA Investigation, Validity of enforcement notice; Trespass to goods; Injunction.
Unreported (Collins J), 27 October 2005, No. HC05C00560.
Contract, Wrongful termination; Relief against forfeiture; Damages.
Unreported (Scott J), 20-22 October 1998, No. HBC 331 of 1997.
Guarantee, Indemnity of surety.
Unreported (Pathik J), 2 August 1995, No. HBC 352 of 1995.
Corporations, Oppression of minority shareholders.
Unreported (Fatiaki J), 5-16 December 1994, No. 623 of 1993.
Breach of contract; Enforcement of security; Unconscionability.
Unreported (Puckeridge DCJ), 18 July 2011, No 118277/2010.
Assault and Battery, Self Defence, Civil Liability Act 2002 (NSW), ss.52 and 53, Damages.
Jury (Herron DCJ), 1997.
Criminal Law, Drugs, Possession, Trafficable/Commercial quantity, Customs Act 1901, s.233B.
Jury (Smyth DCJ), 1994.
Criminal Law, Escape from lawful custody, Aid and abet, Harbour escapee, Crimes Act 1900 (NSW), ss.310C, 310G.
[2023] VCAT 1320.
Administrative Law, Health Practitioner Regulation Law (Victoria) Act 2009 (Vic), ss.156(1)(a), 156(1)(e) and 202, Interim restriction on doctor’s registration.
[2022] VCAT 1301.
Administrative Law, Freedom of Information Act 1982 (Vic), ss.25(a), 32(1), 33(1) and 50(4), Relevance of documents, Legal professional privilege and personal affairs exemptions, Public interest override.
Hamish practises in commercial law at both trial and appellate levels. Examples of cases (including links to judgments on Austlii, where available) are listed below.
Commercial
Sayers Property Holdings Pty Ltd v AIG Australia Ltd [2025] VSCA 294 Contract of insurance covering ‘loss’ ‘resulting from’ a ‘claim whether ‘obligation to pay under settlement’ constituted ‘loss’ – Whether ‘loss’ required establishment of underlying liability independent of settlement – Definition of ‘claim’ included proceeding seeking ‘compensation or other legal remedy’ – Whether ‘claim’ extended to non-monetary claim
Pallak Pty Ltd v Stoneypint Pty Ltd [2025] VCC 1594 The question in this case was whether a legally enforceable agreement concerning the purchase of land had been entered into with related issues.
Transit Pty Ltd & Anor v Arch Underwriting at Lloyd's (Australia) Pty Ltd & Ors [2024] VSC 632 Costs ruling where Plaintiffs' wholly unsuccessful and multiple Defendant insurers separately represented.
Transit Pty Ltd & Anor v Arch Underwriting at Lloyd's (Australia) Pty Ltd & Ors [2024] VSC 485 Indemnity dispute for business interruption costs arising out of the COVID-19 pandemic. With David Collins KC instructed by Clyde & Co
Sayers Property Holdings Pty Ltd v AIG Australia Ltd [2024] VSC 139 Whether an insured had suffered loss “resulting from a claim” or had established the amount claimed under a policy of liability insurance was a reasonable settlement. With Hannah Douglas instructed by Hall & Wilcox.
Dessmann, in the matter of Dessmann [2023] FCA 1019 Appeared as amicus curiae on an application for an order that the applicant not be a disqualified person under s 126J(1)(b) of the Superannuation Industry (Supervision) Act 1993 (Cth).
Lendlease Engineering Pty Ltd v Owners Corporation No 1 [2022] VSCA 105 Statutory interpretation of s 134 of the Building Act 1993 concerning the limitation period to apply to projects with multiple occupancy permits and related issues as to joinder of parties. Led by Ian Waller QC, instructed by Thomson Geer.
Lendlease Engineering Pty Ltd v Owners Corporation No. 1 [2021] VSC 471 Costs ruling where issues decided in favour of both appellant and respondents. Instructed by Thomson Geer.
Auslong Development Management Pty Ltd v Morey [2021] VSC 250 Application for leave to appeal, and appeal, from a decision of the VCAT concerning the operation of Part IV of the Property Law Act 1958 (Vic).
Mercer Superannuation (Australia) Limited v Billinghurst [2017] FCAFC 201 Superannuation – decision of Superannuation Complaints Tribunal setting aside decision of Trustee and remitting it for reconsideration, where Trustee adopted a valuation based on calculations of Plan Actuary who had advised the employer. Whether the Trustee’s decision was fair and reasonable in the circumstances. Led by Jonathan Brett QC instructed by Greenfields Lawyers.
Re Simonds Group Limited [2016] VSC 609 Application by a minority shareholder to delay implementation of a Scheme of Arrangement to avoid loss and potential oppressive conduct. Led by Ian Waller QC, instructed by Madgwicks Lawyers.
FSS Trustee Corporation v Eastaugh & Anor [2016] VSC 636 (Commercial Court, McDonald J); construction of a superannuation trust deed and whether payments made to members of a defined benefit scheme constituted salary (led by David Robertson QC, instructed by Greenfields Lawyers).
Banksia Securities Limited v Patrick Godfrey & Ors (Commercial Court,Supreme Court of Victoria, ongoing): Collapse of Banksia Securities Limited and associated losses to the company and debenture-holders. Acting for an insurer of a professional advisor party (led by Chris Caleo QC, instructed by Hall & Wilcox).
Nguyen v Phan (No 2) [2015] VSC 634(Commercial Court, Elliott J): a shareholder dispute involving allegations of breaches of fiduciary duties and accessorial liability with a counterclaim alleging breaches of the Corporations Act 2001 (Cth) and oppression (led by Ian Waller QC with Kate Burgess as junior counsel, instructed by Baker & McKenzie)
Minh Nguyen & Ors v Tu Phan & Ors [2015 VSC 32]: interlocutory ruling during trial concerning application to amend pleadings.
Kilkenny Walsh Pty Ltd v Strasburger Enterprises (Properties) Pty Ltd [2014] VSC 117: breach of contract arising from the purchase of land formerly used as a service station (led by Ian Waller QC, instructed by Best Hooper).
Wain & Ors v Drapac & Ors [2012] VSC 156: beneficial ownership of shares in companies and unit trusts and oppression (led by Ian Waller QC, instructed by Isakow Lawyers).
Wain & Ors v Drapac & Ors (No. 2) [2013] VSC 381: separate question on entities to be taken into account for order of purchase of shares and units (led by Ian Waller QC, instructed by Isakow Lawyers).
Drapac & Ors v Wain & Ors [2013] VSCA 19: application for stay of judgment pending appeal (led by Ian Waller QC, instructed by Isakow Lawyers).
Exxon Mobil Superannuation Plan Pty Ltd v Esso Australia Pty Ltd [2010] VSC 357: rectification of trust deed (led by Jennifer Batrouney SC and Stephen McLeish, instructed by Minter Ellison).
Berndale Securities Ltd v How Trading Pty Ltd[2010] VSC 216: default by client of contract with options trading clearing house; limitations on liability of client to indemnity broker (led by Paul Anastassiou QC, instructed by Blake Dawson).
Ipex v Melbourne Water Corporation [2009] VSC 383: misleading and deceptive conduct and information technology outsourcing agreement (led by Ian Waller QC and Alan Sandbach, instructed by AJH Lawyers).
Gunns Ltd v Marr [2008] VSC 464: interlocutory ruling on redaction of documents for confidentiality and irrelevance (with Ian Waller QC instructed by Clayton Utz).
Biota Scientific Management v Glaxo Group Ltd (Supreme Court of Victoria Sep 2006 – July 2008): breach of contract and best endeavours clause led by John Karkar QC and Michael Wheelahan QC, instructed by Deacons).
Yarra Capital Group v Sklash [2006] VSCA 109: whether default clause a penalty (led by Nemeer Mukhtar QC, instructed by Clayton Utz).
Masha Nominees v Mobil Oil Australia[2006] VSC 15: breach of contract arising from purchase of land formerly used as a petrol station (led by Ian Waller, instructed by Ashley West & Co).
Re Simonds Group Limited [2016] VSC 609: Application by a minority shareholder to delay implementation of a Scheme of Arrangement to avoid loss and potential oppressive conduct. Led by Ian Waller QC, instructed by Madgwicks Lawyers.
Insurance
Sayers Property Holdings Pty Ltd v AIG Australia Ltd [2024] VSC 139 Whether an insured had suffered loss “resulting from a claim” or had established the amount claimed under a policy of liability insurance was a reasonable settlement. With Hannah Douglas instructed by Hall & Wilcox.
Sayers Property Holdings Pty Ltd v AIG Australia Ltd [2022] VSC 377 Waiver of client legal privilege in the context of a claim against an insurer for indemnity following the settlement of a proceeding. With Ella Zauner, instructed by HWL Ebsworth.
Entyce Food Ingredients Pty Ltd v CGU Insurance Limited [2020] VSC 757 Construction of general and products liability insurance policy and commercial contracts in the context of a recall and withdrawal and loss of frozen berry products due to contamination of food products with Hepatitus A. Led by Michael Thompson QC, instructed by William Abbott and Associates.
Bergman v CGU Insurance Ltd [2016] VSC 81 (Commercial Court, Hargrave J); insurance, non-disclosure and misrepresentation; whether policy responded (led by Chris Caleo QC, instructed by Cornwall Stodart).
Banksia Securities Limited v Patrick Godfrey & Ors (Commercial Court,Supreme Court of Victoria, ongoing): Collapse of Banksia Securities Limited and associated losses to the company and debenture-holders. Acting for an insurer of a professional advisor party (led by Chris Caleo QC, instructed by Hall & Wilcox).
Leading Synthetics Pty Ltd v Adroit Insurance Group [2011] VSC 467: estoppel and credit risk insurance (led by Chris Caleo QC, instructed by McCabe Terrill Lawyers).
Mainstream Aquaculture v Calliden Insurance Ltd [2011] VSC 286: construction of commercial insurance contract (led by Chris Blanden QC instructed by GTR Lawyers).
Twentieth Super Pace Nominees v Australian Rail Track Corporation [2006] VSC 353: action in contract and negligence arising out of a train derailment (led by Chris Blanden QC, instructed by McCabe Terrill).
Twentieth Super Pace Nominees v Australian Rail Track Corporation [2006] VSC 500: Decision on damages where split trial.
Environmental and Public Law
VicForests v Friends of Leadbeater's Possum Inc [2021] FCAFC 66 Statutory interpretation of regulatory scheme established under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) are related legislation. Led by Ian Waller QC, and with Rebecca Howe, instructed by Baker McKenzie.
Environment East Gippsland v VicForests [2021] VSC 869 Application for interlocutory injunctions restraining forestry operations in certain parts of Victorian State forest. Led by Philip Solomon QC, and with Hannah Douglas, instructed by Johnson Winter Slattery
Environment East Gippsland Inc v VicForests [2021] VSC 569 Application for interlocutory injunctions restraining forestry operations in certain parts of Victorian State forest. Leading Rebecca Howe, instructed by Johnson Winter Slattery
Kinglake Friends of the Forest Inc v VicForests [2021] VSC 788 Application for interlocutory injunctions restraining forestry operations in certain parts of Victorian State forest. Leading Hannah Douglas, instructed by Johnson Winter Slattery
Environment East Gippsland Inc v VicForests [2021] VSC 406 Application for interlocutory injunctions restraining forestry operations in certain parts of Victorian State forest. Leading Rebecca Howe, instructed by Johnson Winter Slattery
Friends of Leadbeater’s Possum Inc v VicForests [2021] HCATrans 215 Application for special leave to appeal a judgment of the Full Federal Court. Led by Bret Walker SC and Ian Waller QC, instructed by Baker McKenzie.
VicForests v Friends of Leadbeater’s Possum Inc [2021] FCAFC 66; 285 FCR 70 Appeal concerning the correct interpretation of s 38(1) of the Environmental Protection Biodiversity Act 1999 (Cth). Led by Ian Waller and with Rebecca Howe, instructed by Baker McKenzie.
Friends of Leadbeater’s Possum Inc v VicForests [2018] FCA 178 Statutory interpretation of regulatory scheme established under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) are related legislation. Led by Ian Waller QC, and with Katrina Chow, instructed by Baker McKenzie.
MyEnvironment v VicForests [2013] VSCA 356; (2013) 198 LGERA 396, 206 ALR 624, [2014] ALMD 2380: statutory construction where competing purposes, and lawfulness of proposed logging in Toolangi (led by Ian Waller QC, instructed by Baker & McKenzie).
MyEnvironment v VicForests [2012] VSC 91: question of whether proposed logging in Toolangi lawful (led by Ian Waller QC, with Nasos Kaskani as junior, instructed by Baker & McKenzie).
Environment East Gippsland v VicForests [2010] VSC 335; (2010) 30 VR 1; [2012] ALMD 3348: question of whether proposed logging in East Gippsland lawful (led by Ian Waller QC, instructed by HWL Ebsworth).
Environment East Gippsland v VicForests [2009] VSC 386: interlocutory injunction and standing of environmental group (led by Ian Waller QC instructed by HWL Ebsworth Lawyers).
Environment East Gippsland v VicForests (No. 2) [2009] VSC 421: interlocutory injunction, whether security in addition to undertaking should be provided in public interest litigation (led by Ian Waller QC, instructed by HWL Ebsworth Lawyers).
Other
Catch the Fire Ministries v Islamic Council of Victoria [2006] VSCA 284; (2006) 15 VR 207, 235 ALR 750, 206 FLR 56.: religious vilification (led by Brind Woinarski QC and Debbie Mortimer SC, instructed by Allens Arthur Robinson).
Liability limited by a scheme approved under Professional Standards legislation.
Stephanie Carmela Batsakis Brenker has a broad civil practice, practising in commercial law, tort and public law.
Stephanie’s expertise has been recognised by Doyle’s Guide, as a leading Australian class actions barrister.
Before coming to the Bar, Stephanie was an Associate to the Hon Justice M M Gordon AC at the High Court of Australia.
Stephanie also practised in London and Tokyo as a solicitor in commercial litigation and arbitration: first, at Herbert Smith Freehills LLP and then at Quinn Emanuel Urquhart & Sullivan LLP.
Stephanie holds a Bachelor of Civil Law from the University of Oxford, where she attended on an Allan Myers QC Scholarship. She also holds two first class honours degrees from the University of Melbourne: an undergraduate degree in Arts, which she attended as a Melbourne National Scholar, and a Juris Doctor degree in Law, where she was awarded the Joan Rosanove QC Memorial Prize.
Stephanie read with Meg O’Sullivan KC and her senior mentor was Rowena Orr KC (as her Honour then was).
Selected cases:
Commercial
Common law
Public law
Awards:
Daniel Pollak Readers’ Award for first-year pro bono advocacy (2021).
From 8 May 2020, liability limited by a scheme approved under Professional Standards legislation
Daniel practises in commercial and public law.
Since coming to the Bar, Daniel has appeared and advised in:
Before coming to the Bar, Daniel practised as a solicitor in commercial disputes at Minter Ellison and Baker McKenzie. He was also an Associate to the Honourable Justice Digby at the Supreme Court of Victoria. He holds a Juris Doctor and Bachelor of Arts from the University of Melbourne.
Daniel read with Georgie Coleman and his senior mentor is Meg O’Sullivan KC.
Liability limited by a scheme approved under Professional Standards Legislation
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:
Class actions:
Commercial law:
Arbitrations:
Regulatory and Corporate:
Insolvency:
Criminal and Quasi-Criminal:
Environmental law:
Tax:
Royal Commissions:
From 27 Mar 2014, liability limited by a scheme approved under Professional Standards legislation.