Practises extensively in Intellectual Property, Commercial Law and Mediation (both as mediator and counsel).
Also practises in Property, Information Technology, Trade Practices, Communications Law and Entertainment areas as well as general commercial work including Contractual, Landlord and Tenant, Building, Property, Trusts, Securities, Probate, Corporations and also Immigration, Defamation and Industrial/Employment.
From 09 Oct 2014, liability limited by a scheme approved under Professional Standards legislation.
Ben has a broad practice advising and representing clients across diverse practice areas at both trial and appellate level. His main areas of practice cover tort, criminal, administrative and sports law.
Experience
Ben has particular expertise in managing large and complex litigation and significant inquests and inquiries.
Tort and Professional Negligence
Criminal Law
Administrative and Regulatory Law
Sports Law
Inquests and Inquiries
Ben often acts on behalf of model litigants and is familiar with Model Litigant Principles, including the obligations of such and how they apply in practice.
Past Experience (including Publications)
Ben studied law following from his being awarded the John F. Kearney QC scholarship. Prior to that, Ben undertook studies in Science. He has lectured in areas of both Law and Science at undergraduate and postgraduate levels. His main areas of interest lie where Law and Science intersect.
Ben has been published internationally: see "Anatomy of a Courtroom: A Legal Perspective" in Petherick, Turvey and Feruguson (Ed) (2009) Forensic Criminology (Elsevier Academic Press, Burlington, MA).
Prior to coming to the Bar, Ben was a solicitor at the Victorian Office of Public Prosecutions.
For its duration, Ben was the professional supervisor of the University of Melbourne's Innocence Project where he worked closely with students in reviewing cases of alleged Miscarriages of Justice.
Memberships and Positions
Ben is a member of the Criminal, the Commercial and the Common Law Bar Associations of Victoria.
He is also a member of the Australian and New Zealand Sports Law Association (ANZSLA) and the Sports Lawyers' Association (of America) (SLA).
Ben is a member of the Victorian Bar Readers Course Comittee, Chair of the Exam Standing Review Committee, Dever's List Committee and Deputy Chair of the Sports Law Section. He is a former member of the VicBar Pro Bono Committee.
Ben is an Accredited by the Victorian Bar as Advocacy Instructor. He regularly coaches moots and presents in the Readers' Course.
From 22 Apr 2010, liability limited by a scheme approved under Professional Standards legislation.
Harry practises primarily in commercial law.
Before coming to the Bar, Harry was an Associate to the Hon. Justice McLeish at the Victorian Court of Appeal. He completed a Bachelor of Arts at the University of Sydney and a Juris Doctor at the University of Melbourne. Prior to studying for his Juris Doctor, Harry worked in London and Hong Kong trading Asian currency derivatives as a portfolio manager for a multi-billion-dollar hedge fund.
He has also completed a MSc in Law and Finance at the University of Oxford, graduating with Distinction and receiving the South Square Prize for the highest mark in Corporate Insolvency Law. The MSc in Law and Finance combines subjects from the Bachelor of Civil Law course with subjects from Oxford's Saïd Business School.
He is a co-author of Thomson Reuters's Federal Court Practice.
Harry read with Dr Charles Parkinson KC and his senior mentor is David Batt KC.
Recent Cases
Re Richstone Plumbing Pty Ltd (in liq) – SCV: S ECI 2024 04285 – acting for the Defendant – defending a preference claim under s 588FE and s 588FF of the Corporations Act 2001 (Cth) – led by Dr Oren Bigos KC.
Ding Yong v Song Lihua [2024] VSC 720 – acting for a judgment creditor resisting an application to set aside the registration of a Hong Kong judgment under s 7 of the Foreign Judgments Act 1991 (Cth) – unled.
Monarch Tower Pty Ltd (in liq) v Sinoace Holdings Ltd [2024] FCA 716 – acting for the Respondents to a voidable transaction claim under s 588FE of the Corporations Act 2001 (Cth) – whether the proceeding should be summarily dismissed for failure by the liquidator to promptly serve – whether the failure to give notice of the s 588FF(3)(b) extension to a respondent meant that the claim was statute barred – led by Christopher Brown KC.
Yellow Money Pty Ltd & Ors v Sottile & Ors – CCV: CI-24-06298, CI-24-05423, CI-24-06138 – acting for the Defendants – allegation that high-rates of monthly compound interest under a group of loans constitutes unconscionable conduct under the ASIC Act 2001 (Cth) or the Australian Consumer Law – unled.
N. & U. Nominees Pty Ltd v Larobina – SCV: S ECI 2024 02809 – acting for the trustees and directors of the trustees – claim for rectification of a group of trust deeds – defending allegations that trustees acted for improper purposes, in bad faith, and without real and genuine consideration – defending allegation that transactions occurred without mental capacity – led by Ian Percy.
Re Amoma SÀRL [2023] FCA 1232 and Re Amoma SÀRL (No 2) [2023] FCA 1379 – Recognition of a Swiss insolvency proceeding under the Cross-Border Insolvency Act 2008 (Cth) – acting for the Bankruptcy Office of the Canton of Geneva – led by Dr Oren Bigos KC.
Tex Onsite Pty Ltd v Cornwalls (A Firm) – SCV: S ECI 2022 04677 – allegations of negligence and misleading or deceptive conduct in relation to companies’ entry into receivership – acting for the Second Defendant – led by Dr Oren Bigos KC. Interlocutory judgment:
Re SLKALT Pty Ltd (in liq) [2024] VSC 250 – privilege claim in response to liquidators’ summons to produce documents – joint privilege, waiver and crime/fraud exception to privilege – acting for the liquidators – led by Dr Oren Bigos KC:
AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd – FCA: VID 604/2021 – application to set aside subpoenas against non-parties and claims arising from those subpoenas for legal professional privilege, joint privilege, common interest privilege and parliamentary privilege – acting for the subpoenaed non-parties – led by Dr Oren Bigos KC.
King v Linkage Access Ltd [2022] VSC 158 – common law recognition and enforcement of a United States Bankruptcy Court judgment in Australia – acting for the Plaintiffs – led by Dr Oren Bigos KC.
King v Linkage Access Ltd – QSC: 4876/22 – application for an enforcement warrant against judgment debtor and for the sale and seizure of a luxury yacht – unled.
Beecham Motors Pty Ltd v General Motors Holden NSC Australia Pty Ltd – SCV: S ECI 2020 04789 – class action by dealerships arising out of the retirement of the Holden car brand – acting for the Plaintiff and Group Members – led by Dr Charles Parkinson KC. Interlocutory judgments:
Gecko Australia Pty Ltd v Montagnese – FCA: VID597/2021 – claims for misleading & deceptive conduct and breach of directors’ duties in relation to a business sale and earn-out period – acting for the Plaintiffs – led by Dr Oren Bigos KC. Interlocutory judgment:
Custodian for Gerald and Debra Gray v Redman-Slater – FCA: VID739/2020 – claim by clients of authorised representatives against the financial services licensee for contraventions of the Corporations Act 2001 (Cth) and misleading or deceptive conduct – acting for the financial services licensee – led by Dr Charles Parkinson KC.
Harris v Financial Services Partners – SCV: S ECI 2022 04091 – claims by clients of authorised representatives against the financial services licensee – acting for the financial services licensee. Interlocutory judgment:
JDLF International Pty Ltd v Wood – VSC: S ECI 2022 02775 – interlocutory injunction application to enforce a contractual restraint and s 183 of the Corporations Act 2001 (Cth) against a former employee – acting for the Plaintiff – led by Patrick Wheelahan KC.
JOF Engineering Pty Ltd v Holcim (Australia) Pty Ltd – CCV: CI-20-04009 – interpretation and breach of construction contracts – acting for the Defendant – led by Dr Charles Parkinson KC.
Re IPO Wealth Holdings No 2 Pty Ltd (in prov liq) [2021] VSC 821 – application to stay a liquidators’ examination as an abuse of process – acting for the Examinee – led by Michael Gronow KC and Angel Aleksov.
Sim v Williams – NSWSC: 2021/00358666 – validity of debt under a deed of settlement – acting for the Defendant – led by Michael Gronow KC.
Castaway Avenue Pty Ltd v CSC1957 Investments Pty Ltd [2022] VSCA 238 and Castaway Avenue Pty Ltd v CSC1957 Investments Pty Ltd [2023] VSCA 30 – specific performance of a contract for the sale of land – whether contract validly terminated – application for security for appeal costs and an appeal stay – acting for the Respondent – led by Ian Percy.
Maersk A/S v Patti – FCA: NSD1291/2021 – alleged breach of contract and misleading & deceptive conduct in relation to shipping contracts – acting for the Respondent – led by James Emmett SC.
Liability limited by a scheme approved under Professional Standards Legislation.
Trial and appellate advocacy, pleadings and opinion work principally in the Supreme Court and the Federal Court in a broad range of commercial disputes. Practice focuses on banking and finance, corporations law, insurance, financial advice disputes, insolvency, trusts, contracts and trade practices.
Whild v GE Mortgage Solutions: Supreme Court of Victoria proceeding about the effect of an overstatement in a notice of default on a mortgagee's power of sale.
Wolfe v Permanent Custodians Limited: Supreme Court of Victoria proceeding about the enforceability of a settlement agreement entered into after a mortgagee had obtained judgment for debt and possession.
Westpac Banking Corporation v Tesoro: Supreme Court of Victoria proceeding about the consequences of a lender's failure to strictly comply with the default notice provisions of the National Credit Code.
Macralink v Saris: Supreme Court of Victoria application pursuant to s 237 of theCorporations Act 2001 (Cth) concerning whether the applicant would be in a position of conflict if leave were granted.
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Beynon: Federal Court (Victorian Registry) proceeding concerning s 550 of the Fair Work Act 2009 (Cth) and whether an insolvency practitioner was "involved in" a contravention of that Act.
Hogg v Corke: Supreme Court of Victoria application pursuant to ss 232 and 232 of the Corporations Act 2001 (Cth) involving a corporate trustee and a unit trust.
NABE v BDO: Supreme Court of Victoria proceeding about the appropriateness of advice given by a financial planner.
Re The Wilderness Society: Supreme Court of Tasmania proceeding about the governance of an incorporated association.
Kiernan-Walker v Westpac: Federal Court (Victorian Registry) proceeding about the appropriateness of advice given by a financial planner.
SRO v Capital Securities: Court of Appeal proceeding about a statutory demand and the application of the Broadbeach principle.
Servco v AGL: County Court of Victoria proceeding about the termination of an exclusive licence agreement.
Re Great Southern Managers: Supreme Court of Victoria ASIC intervention about judicial advice to a Responsible Entity.
BrisConnections v ASI: Supreme Court of Victoria ASIC intervention about a Responsible Entity's duties.
Thirteenth Corp v St George Bank: Court of Appeal proceeding about fee agreement rebates between a bank and its solicitor.
Central Pacific Holdings v State of Victoria: Supreme Court of Victoria proceeding about a contractual indemnity for land tax liability.
Commonwealth Bank v Kyriackou: Supreme Court of Victoria injunction proceeding about the restraint of solicitors.
ATO v King & Ors: Supreme Court of Victoria indemnity proceeding against the former directors of a listed company.
McBride v L J Hooker Ltd: Federal Court (Victorian Registry) class action proceeding about alleged misrepresentations concerning stamp duty payable on new house and land packages.
Slann v Edmondson: Federal Court (Victorian Registry) oppression proceeding about the proper date for the valuation of shares to be purchased by majority shareholders.
CGU Insurance v Chacmol Holdings Pty Ltd: Supreme Court of Victoria Commercial List trial about a claim in restitution for money held in breach of the Insurance Contracts Act 1984 (Cth).
TSI Australia Pty Ltd v Australian Taxation Office: Federal Court (Victorian Registry) proceeding about voidable transactions under ss 588FE(2) and 588FE(3) of the Corporations Act 2001 (Cth). The action included a claim by the ATO against former directors under s 588FGA for partial indemnity.
Westpac Bank v Tabet: Supreme Court of Victoria recovery proceeding involving the non est factum defence.
ASIC v Westpoint Constructions: Federal Court (Victorian Registry) proceeding about the appointment of a final liquidator to a company in a corporate group that was already largely under administration.
CSL Limited v ACTU and Ors: Federal Court (NSW Registry) proceeding about a claim for damages caused by a secondary boycott in Western Australia and South Australia.
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Qantas: Australian Industrial Relations Commission proceeding about a jurisdictional issue arising out of a recent federal legislative amendment.
Complete Health Care Pty Ltd v Rafter: Victorian Court of Appeal proceeding on appeal from a decision of the County Court about the sale of a medical practice and the appointment of a trustee in bankruptcy before a sequestration order was made.
Tylden Pty Ltd v Woodleigh Pty Ltd: Federal Court (Victorian Registry) proceeding about a complex corporate and land ownership structure set up for the operation of a time-share resort. The matter largely related to director’s duties and voidable resolutions relating to the purported acquisition of fractional title interests in land.
Media World v USC: Federal Court (Victorian Registry) proceeding about a winding up under s 461(1)(k) of the Corporations Act 2001 (Cth).
Burton Pty Ltd v Guida: Supreme Court of Victoria proceeding about permanent injunctions under s 1324 of the Corporations Act 2001 (Cth).
Body Corporate No 2 v Airspace Australia: Supreme Court of Victoria proceeding about a roof top development in Melbourne’s CBD. The claim concerned the validity of the appointment of members of the body corporate committee.
ASIC v United Insurance Fund: Federal Court (Victorian Registry) proceeding about the alleged misappropriation of insurance premiums and breaches of the financial recording and reporting provisions of the Corporations Act 2001 (Cth).
ABB Australia Pty Ltd v Meaco: Supreme Court of Victoria proceeding about the misappropriation of funds and a knowing assistance/receipt claim.
MH6 v Mental Health Review Board: Court of Appeal proceeding about the rules of natural justice in treatment order proceedings at VCAT.
Ruhani v Director of Public Prosecutions: High Court appeal from a decision of the Supreme Court of Nauru about the validity of visas issued to asylum seekers under the terms of the “Pacific Solution”.
M38 of 2002 v Minister for Immigration High Court special leave application about the extent of the power of the Commonwealth to remove unlawful non-citizens.
VBAP v Minister for Immigration: Federal Court (Victorian Registry) proceeding about the circumstances in which an administrative decision may stand despite the presence of jurisdictional error.
SZDPY v Minister for Immigration: Federal Court (Victorian Registry) proceeding about the circumstances in which an applicant can adopt earlier evidence so as to render it before the administrative tribunal.
'Liability limited by a scheme approved under Professional Standards Legislation.'
Justin has a common law and commercial practice.
Justin practises in all areas of common law (negligence and intentional torts), including professional negligence, personal injury (incl. psychiatric injury), class actions and public liability.
Justin is currently acting in concussion matters involving AFL players. He is counsel for Richmond Club doctor Dr Greg Hickey in Ty Zantuck v Richmond Football Club & Ors. He is also counsel for Western Bulldogs Club doctor Dr Gary Zimmerman in Liam Picken v Australian Football League & Ors.
Justin also has particular expertise in defamation. Justin has represented high profile clients such as Rebel Wilson, National Australia Bank, the State of Victoria and Dr Anne Webster MP. He has also represented media outlets such as The Australian, The Age, Schwartz Media and the ABC.
Justin is regularly briefed to appear on behalf of Racing Victoria Limited in disciplinary and licensing matters, several of those matters having progressed through to the Supreme Court of Victoria or the Victorian Court of Appeal. He has also been briefed by the AFL in numerous anti-doping matters, including the action against the Essendon Football Club players and Stephen Dank.
Justin is a director of the Victorian Bar Foundation, which is the Victorian Bar’s not for profit organisation. The Victorian Bar Foundation works to promote a number of causes in the community, including supporting the provision of legal education, providing information about the legal system, the role of barristers in the legal system and the role of law in society.
Justin’s mentor was Claire Harris SC and his senior mentor was Jeff Gleeson KC.
Sample of common law/negligence cases:
Sample of commercial cases:
Sample of defamation cases:
From 23 Oct 2014, liability limited by a scheme approved under Professional Standards legislation
Paul practices in all areas of commercial and public law, including taxation law, employment and industrial relations law and constitutional and administrative law.
He has acted in matters in the High Court, Federal Court, Federal Circuit and Family Court, various State Supreme Courts, the Administrative Appeals Tribunal and the Fair Work Commission. He has also appeared in Royal Commissions and inquiries.
Paul has particular experience in:
Paul commenced his career in private practice at Minter Ellison. Before coming to the Bar, he worked as a Legal Researcher at the Supreme Court of Victoria and was an Associate at the Federal Court of Australia.
Paul holds a Bachelor of Commerce and a Bachelor of Laws (with first class honours) from Monash University. He also holds a Master of Laws from the University of Melbourne.
Paul read with Kathleen Foley SC and his senior mentor is Philip Solomon KC.
'Liability limited by a scheme approved under Professional Standards Legislation'
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, Perth, 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.
Appointed a Teaching Fellow (Course Director of the 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. Recognised internationally in Who's Who Legal (2016-2023 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) and London, Singapore and Kuala Lumpur (39 Essex Chambers).
Michael Hines is an experienced advocate, having appeared mainly in the superior courts. Recently, he appeared as Counsel before the High Court in Hsiao v Fazarri (2020) FLC 93-990; [2020] HCA 35; and before that, in the well known case, Kennon v Spry (2008) 238 CLR 366.
A large part of his practice consists of advising and drawing documents.
He is a past director of the Trustee of the Victorian Bar Superannuation Fund.
He is the author of numerous publications, for example, a loose-leaf service, 'Stamp Duties Victoria' (LBC), is a presenter at many seminars, and has taught Post Graduate Tax subjects at the University of Melbourne.
'Liability limited by a scheme approved under Professional Standards Legislation.'
Will Houghton KC practises predominantly in commercial, media and intellectual property law with particular expertise in competition, defamation, contempt and sports law.
He has appeared for clients at both trial level (including numerous jury trials) and appellate level around Australia.
Mr Houghton accepts corporate briefs.
Mr Houghton is the Chairperson of the AFL Appeal Board.
Jonathan practises in commercial law, public law, industrial law and torts, including in numerous class actions. He has advised and appeared at trial and appellate level for a diverse range of clients including corporations, government agencies, unions and individuals.
Before coming to the Bar, he worked as Chief of Staff to Commonwealth Attorney-General Robert McClelland, as a Senior Associate in Commercial Dispute Resolution at Holding Redlich Lawyers, and as an Associate to Justice Michael Moore at the Federal Court.
He has a Bachelor of Arts in French and a Bachelor of Laws (Hons I) from the University of Sydney, and a Bachelor of Science with a double major in mathematics and physics from the University of Melbourne. He also has a Diploma of French Language from the University of Strasbourg, and studied Mandarin at Fudan University in Shanghai.
Jonathan's litigation experience includes handling complex scientific and engineering expert evidence in a range of proceedings.
He read with Bernie Quinn KC.
Matters in which he has acted have included:
Commercial law
Acting for the respondent retailer in a class action in the Federal Court concerning discount pricing: Demery v Coles Supermarkets Australia Pty Ltd (2024-), instructed by Allens
Acting as court-appointed contradictor in an application for approval of the settlement of a Federal Court class action concerning a financial planning network: Equity Financial Planners Pty Ltd v AMP Financial Planning Pty Ltd [2024] FCA 1036
Acting for the defendants in product liability class actions in the Supreme Court of Victoria concerning motor vehicle diesel engine emissions: El Helou v Mercedez-Benz Australia-Pacific Pty Ltd & Ors (2024-); Wawryk & Anor v Mercedes-Benz Australia/Pacific Pty Ltd & Anor [2024] VSC 120, 186, instructed by Herbert Smith Freehills
Acting for the defendant in a securities class action in the Supreme Court of Victoria concerning US regulatory action in the pharmaceutical industry: Hillman v Mayne Pharma Group Ltd [2024] VSC 786, instructed by Herbert Smith Freehills
Acting for the respondent bank and insurers in a class action in the Federal Court claiming misleading or deceptive conduct, financial product advice contraventions, unconscionable conduct and restitution for mistake, in connection with consumer credit insurance products: Reilly & Anor v Australia and New Zealand Banking Group Ltd & Ors [2020] FCA 1609, 1502, 436, led by Michael Borsky KC, instructed by Herbert Smith Freehills
Acting for a respondent bank in a class action in the Federal Court alleging cartel conduct in the foreign exchange market: J Wisbey & Associates Pty Ltd v UBS AG & Ors [2021] FCA 36, led by Wendy Harris KC and Michael Borsky KC, instructed by Herbert Smith Freehills
Acting for the CITIC parties in several proceedings relating to the Sino Iron Project:
- Proceedings in the Supreme Court of Western Australia alleging breaches of contract concerning proposals under a State Agreement: Sino Iron Pty Ltd & Ors v Mineralogy Pty Ltd & Anor [2024] WASC 242, 322, 413, 486, with Noel Hutley SC, instructed by Herbert Smith Freehills
- Proceedings in the Supreme Court of Western Australia involving various tortious and contractual claims concerning litigation relating to the Sino Iron Project: Mineralogy Pty Ltd & Anor v Dillon & Ors [2024] WASC 322, with Steven Finch SC, instructed by Allens
- Proceedings initially in the Federal Court and subsequently in the Supreme Court and Court of Appeal of Western Australia involving claims in contract, estoppel and under the Australian Consumer Law concerning proposals under a State Agreement: Sino Iron Pty Ltd & Ors v Mineralogy Pty Ltd & Ors [2019] FCA 675, [2020] WASC 311, [2021] WASC 475, 473, 451, 384, 170, [2022] WASC 476, 475, 474, 473, 472, 471, 46, 25, [2023] WASC 192, 96, 56, led by John Karkar KC, Stephen Parmenter KC and Stephen Free SC (Supreme Court), and Noel Hutley SC (Court of Appeal), instructed by Herbert Smith Freehills
- Proceedings in the Court of Appeal of Western Australia and the High Court involving a contractual dispute relating to a magnetite production royalty: Sino Iron Pty Ltd & Ors v Mineralogy Pty Ltd [2019] WASCA 80, [2020] HCATrans 10, led by Alan Archibald KC and Charles Scerri KC (Court of Appeal), and Justin Gleeson SC (High Court), instructed by Allens
- Proceedings in the Supreme Court and Court of Appeal of Western Australia involving a contractual dispute concerning a Site Remediation Fund, and an application to replace a trustee: Mineralogy Pty Ltd v Sino Iron Pty Ltd & Ors [2021] WASC 45, [2022] WASCA 162, led by Kanaga Dharmananda SC, instructed by Allens
- Proceedings in the Supreme Court of Western Australia concerning a contractual indemnity: Palmer v CITIC Ltd [No 7] [2023] WASC 202, led by John Karkar KC, instructed by Allens
Acting for a respondent bank in a class action in the Federal Court alleging breaches of contract and unconscionable conduct in relation to 7-Eleven franchises: Davaria v 7-Eleven Stores Pty Ltd & Ors [2020] FCA 1234, led by Michael O'Bryan QC, instructed by Herbert Smith Freehills
Acting for a bidco in a scheme of arrangement proceeding in the Supreme Court of Victoria: Re Zenitas Healthcare Ltd (2018), instructed by Herbert Smith Freehills
Acting for the respondent bank in Federal Court proceedings concerning responsible lending obligations in the context of motor vehicle finance: Australian Securities and Investments Commission v Australia and New Zealand Banking Group Ltd [2018] FCA 155, led by Alan Archibald KC, instructed by Herbert Smith Freehills
Acting for several defendants in two securities class actions in the Federal Court concerning accounting and forecast financial information in the dairy industry, and trustee obligations of a responsible entity: Webster v Murray Goulburn Co-operative Co. Ltd & Ors [2018] FCA 990; [2017] FCA 1260, 995; Endeavour River Pty Ltd v MG Responsible Entity Ltd [2020] FCA 968, led by Wendy Harris KC, instructed by Herbert Smith Freehills
Acting for the applicants in two securities class actions in the Federal Court concerning forecast financial information relating to an infant milk formula business: McKay Super Solutions Pty Ltd (Trustee) and Basil v Bellamy’s Australia Ltd [2017] FCA 947, [2020] FCA 461, led by Rachel Doyle SC and John Sheahan KC, instructed by Slater + Gordon and Maurice Blackburn
Acting for the respondent in a securities class action in the Federal Court concerning accounting and forecast financial information relating to a facilities services business: Court v Spotless Group Holdings Ltd [2020] FCA 1730, led by Michael Garner, instructed by Colin Biggers & Paisley
Acting for a retailer in relation to an Australian Securities and Investments Commission investigation and infringement notice concerning continuous disclosure (2017), instructed by Herbert Smith Freehills
Acting for a law firm in Federal Court proceedings relating to the approval of a settlement of a managed investment scheme class action: Kelly v Willmott Forests Ltd (2017), led by Richard Attiwill QC, instructed by Macpherson Kelley
Acting for the respondent gold mining company in a securities class action in the Federal Court concerning gold production outlook and impairment assessments: Earglow Pty Ltd v Newcrest Mining Ltd (2015-2016), led by Wendy Harris KC, instructed by Herbert Smith Freehills (settled)
Torts
Acting for the Commonwealth in a class action in the Federal Court alleging negligence, false imprisonment, misfeasance in public office and race discrimination in relation to people smuggling boat crew: Yasmin v Commonwealth of Australia [2023] FCA 1661, instructed by Australian Government Solicitor
Acting for a proposed defendant in defamation proceedings in the Supreme Court of Victoria concerning a limitation period: Johnston v Holland [2017] VSC 448, instructed by Slater + Gordon
Acting for a third party medical services provider in a class action in the Supreme Court of Victoria in proceedings alleging negligence and false imprisonment relating to the Manus Island Regional Processing Centre: Kamasaee v Commonwealth of Australia & Ors (2017), led by Richard Attiwill QC, instructed by Barry Nilsson Lawyers (settled)
Acting for a defendant electricity distribution company in a class action in the Supreme Court of Victoria alleging negligence, breach of statutory duty and nuisance in connection with the 2014 Mickleham bushfire: Williams v AusNet Electricity Services Pty Ltd & Ors (2016-2017), led by Michael Wheelahan QC, instructed by Herbert Smith Freehills (settled)
Acting for a former football player in relation to claims against Essendon Football Club and the Australian Football League arising from the Essendon supplements program (2016), instructed by Schetzer Constantinou (settled)
Acting for the plaintiff in defamation proceedings in the County Court of Victoria concerning a limitation period: Van Garderen v Channel Seven Melbourne Pty Ltd & Ors [2016] VCC 953, instructed by Holding Redlich
Acting for a defendant electricity distribution company in three class actions in the Supreme Court of Victoria alleging negligence, breach of statutory duty and nuisance in connection with the 2009 Beechworth, Kilmore East-Kinglake and Murrindindi bushfires: Mercieca v SPI Electricity Pty Ltd & Ors (2012), led by Jonathan Beach QC (settled); Matthews v SPI Electricity Pty Ltd & Ors (2012-2014), led by Jonathan Beach QC and Bernie Quinn KC (settled following 208 day trial); Rowe v AusNet Electricity Services Pty Ltd & Ors (2014-2015), led by Philip Solomon KC and Bernie Quinn KC (settled), instructed by Herbert Smith Freehills
Acting for a defendant litigation funder and its managing director in defamation proceedings in the Supreme Court of Victoria and Court of Appeal: Barrow v McLernon & IMF (Australia) Ltd [2012] VSC 134 and 313, led by Stephen O'Meara QC, instructed by Arnold Bloch Leibler
Acting for a former Victorian Government Minister defending defamation proceedings in the Supreme Court of Victoria: Lovell v Holding (2011-2012), led by Georgina Schoff KC, instructed by Holding Redlich (settled)
Acting for a financial advisory firm and its officers in proceedings in the ACT Supreme Court involving allegations of defamation and misuse of confidential information: Taylor v Dixon Advisory Ltd & Ors (2009-2011), led by Jeremy Ruskin KC, instructed by Slater + Gordon (settled)
Public law
Acting for the Commonwealth in Federal Court and High Court proceedings under the Racial Discrimination Act 1975 (Cth) concerning the age pension: Fisher v Commonwealth of Australia [2023] FCAFC 106, 181, [2024] HCASL 58, 59, led by Jenny Firkin KC (Federal Court), Stephen Donaghue KC (High Court), instructed by Australian Government Solicitor
Acting for the Commonwealth respondents in Federal Court proceedings concerning legal representation in class action proceedings: Paschke v Secretary, Department of Social Services [2023] FCAFC 143, instructed by Australian Government Solicitor
Acting for a respondent wind farm operator in Federal Court proceedings alleging breaches of the National Electricity Rules in connection with the 2016 South Australian blackout: Australian Energy Regulator v Pacific Hydro Clements Gap Pty Ltd [2021] FCA 733, led by Philip Solomon KC, instructed by Allens
Acting for the defendants in two proceedings in the Victorian Supreme Court and Court of Appeal concerning political party preselection and disciplinary processes: Asmar v Albanese [2021] VSC 782, 672, 334, 324, 263, [2022] VSCA 19; Kairouz v Bracks [2021] VSC 783, 671, 130, led by Peter Willis SC and Tony Lang, instructed by Holding Redlich
Acting for a union in freedom of information proceedings in the Victorian Civil and Administrative Tribunal concerning access to a report of an inquiry in the TAFE sector: Department of Education and Training v Australian Education Union [2019] VCAT 1667, instructed by the AEU
Acting for the defendants in a proceeding in the Supreme Court of Victoria concerning a political party preselection: Barker v Australian Labor Party & Ors [2018] VSC 596, 646, instructed by Holding Redlich
Acting for the Secretary to the Department of Justice and Regulation in the Supreme Court of Victoria and the Court of Appeal opposing a judicial review application to restrain the conduct of the VEOHRC Independent Equity and Diversity Review of the Country Fire Authority and the Metropolitan Fire Brigade: United Firefighters’ Union v VEOHRC & Anor [2018] VSCA 252; [2017] VSC 773, led by Melinda Richards SC, instructed by Victorian Government Solicitor’s Office
Advising Victorian Government agencies on various constitutional and legislative issues (2016-2017, 2020), with Kristen Walker QC and Richard Niall QC, Solicitors-General for Victoria, instructed by Victorian Government Solicitor’s Office
Acting for several third parties in freedom of information proceedings in the Victorian Civil and Administrative Tribunal concerning access to commercial information: Medibank Private Ltd v Alfred Health & Ors (2017), instructed by Herbert Smith Freehills (settled)
Acting for the applicant in freedom of information proceedings in the Victorian Civil and Administrative Tribunal concerning access to research data: Johnson v Cancer Council Victoria [2016] VCAT 1596, led by Charles Scerri KC, instructed by Herbert Smith Freehills
Acting for the Commonwealth in Federal Court proceedings concerning the Royal Commissions Act 1902 (Cth): CW3 v Commonwealth of Australia (2014), led by Stephen Donaghue KC, instructed by Australian Government Solicitor (settled)
Acting for the appellant union in High Court proceedings concerning the constitutional validity and statutory interpretation of retrospective legislation: Australian Education Union v General Manager of Fair Work Australia [2012] HCA 19, led by Peter Hanks KC, instructed by Holding Redlich
Acting for the respondent Members of Parliament in election petition proceedings in the Federal Court under the Commonwealth Electoral Act 1918 (Cth): Green v Bradbury [2011] FCA 71, Freemantle v O'Neill [2011] FCA 72, led by Bret Walker SC and Tony Lang, instructed by Slater + Gordon
Acting for a defendant in an injunction application in the Supreme Court of Victoria concerning a political party preselection: Jackson v Bitar [2011] VSC 11, led by Kristine Hanscombe KC, instructed by Holding Redlich
Industrial law
Acting for an employer organisation in an application to vary the General Retail Industry Award: Application by the Australian Retailers Association [2024] FWCFB 197, 251, , instructed by King & Wood Mallesons
Acting for certain respondent franchisees in a class action in the Federal Court concerning paid breaks in the fast food industry: Singh v Kentucky Fried Chicken Pty Ltd [2024] FCA 1180, instructed by Corrs Chambers Westgarth
Acting for a respondent labour hire company in a class action in the Federal Court concerning casual employment: Ridge v Hays Specialist Recruitment (Australia) Pty Ltd [2024] FCA 328, instructed by Corrs Chambers Westgarth
Acting for the applicant income protection insurer in Federal Court proceedings involving claims under the ASIC Act: ATC Insurance Solutions Pty Ltd v United Firefighters' Union of Australia [2023] FCA 566, instructed by Holding Redlich
Acting for several teachers in Federal Court proceedings under the Disability Discrimination Act 1992 (Cth) concerning reasonable adjustments: Dunwill & Ors v Secretary to the Department of Education and Training (2019-), instructed by Holding Redlich
Acting for the respondent in a class action and regulatory proceeding in the Federal Court alleging underpayment under the General Retail Industry Award: Pabalan v Coles Supermarkets Australia Pty Ltd [2021] FCA 118 and Fair Work Ombudsman v Coles Supermarkets Australia Pty Ltd, led by Rachel Doyle SC and Marc Felman KC, instructed by Herbert Smith Freehills
Acting for the respondent labour hire companies in two class actions in the Federal Court concerning casual employment: Turner v TESA Mining (NSW) Pty Ltd & Ors [2019] FCA 1644, [2022] FCA 151 and Hill v Skilled Workforce Solutions (NSW) Pty Ltd (2019-), led by Paul O'Grady KC, instructed by Herbert Smith Freehills
Acting for the applicant teacher in a proceeding in the Federal Court alleging breaches of an enterprise agreement concerning fixed term employment at a TAFE institute: Kappes v Goulburn Ovens Institute of Technical and Further Education (2017-18), instructed by Holding Redlich
Acting for the respondent union in an application by a university in the Fair Work Commission to terminate an enterprise agreement: Murdoch University [2017] FWCA 4472; and for the respondent union and its officers in Federal Court proceedings concerning enterprise bargaining: Murdoch University v National Tertiary Education Industry Union & Ors [2017] FCA 1507, led by Richard Attiwill QC, instructed by Maurice Blackburn
Acting for the applicant Commonwealth regulator in civil penalty proceedings in the Federal Court alleging breaches of statutory governance obligations by the Health Services Union and its former officers: General Manager of the Fair Work Commission v Thomson [2015] FCA 308 and 1001, led by Stephen Donaghue KC, instructed by Corrs Chambers Westgarth; and General Manager of Fair Work Australia v Health Services Union & Ors [2014] FCA 970, led by Stephen Donaghue KC, instructed by Australian Government Solicitor
Acting for the applicant union in an application in the Fair Work Commission for a majority support determination relating to editorial staff in the Australian Football League's media operation, AFL Media: Media, Entertainment and Arts Alliance v Australian Football League [2014] FWC 8898, instructed by Maurice Blackburn
Acting for the applicant Commonwealth regulator in civil penalty proceedings in the Magistrates' Court of Victoria alleging underpayment of award wages and record-keeping contraventions by a 7-Eleven franchisee affecting employees on international student visas: Fair Work Ombudsman v Bosen Pty Ltd & Ors [2011] VMC 21, instructed by Maurice Blackburn and FWO
Acting for the applicant Commonwealth regulator in civil penalty proceedings in the Federal Magistrates' Court alleging underpayment of award wages affecting employees on 457 visas and apprentices: Fair Work Ombudsman v Taj Palace Tandoori Indian Restaurant Pty Ltd [2012] FMCA 258, instructed by FWO; Fair Work Ombudsman v Bottcher [2010] FMCA 956, instructed by FCB Workplace Law
Acting for the applicant forensic scientist in Federal Court proceedings against the Chief Commissioner of Police seeking an injunction against suspension from employment under the Public Administration Act 2004 (Vic): Quinn v Overland [2010] FCA 799, led by Rachel Doyle SC, instructed by Maurice Blackburn
Acting for the respondent employer in proceedings in Fair Work Australia concerning a dismissal based on redundancy: Nichols v Hoad Fabrics Corp Pty Ltd [2010] FWA 6205, instructed by Holding Redlich
Acting for the respondent employee in appeal proceedings in Fair Work Australia concerning the power to grant permission to appeal: GlaxoSmithKline Australia Pty Ltd v Makin [2010] FWAFB 5343, instructed by the National Union of Workers
From 04 Jun 2009, liability limited by a scheme approved under Professional Standards legislation.
Justin has a broad commercial practice, incorporating general corporate and commercial law, insurance, building and construction, insolvency, and class actions.
Current and recent matters include:
Commercial Matters
Insurance
Building and Construction
Practice and Procedure
Before coming to the bar, Justin was a Senior Lawyer at Clayton Utz. During his time at Clayton Utz, Justin represented clients in a variety of commercial disputes, including large product liability class actions.
Earlier, Justin was Associate to Justice Hammerschlag, head of the Commercial List of the Supreme Court of New South Wales.
Justin holds a Bachelor of Arts and Bachelor of Laws, with first class honours, from Monash University.
Liability limited by a scheme approved under Professional Standards legislation.
From 25 October 2019, Liability limited by a scheme approved under Professional Standards legislation.
Ganesh practices in commercial and public law. He has appeared as sole counsel and led by senior counsel in a wide range of matters spanning corporations and financial services, insurance law, employment law, defamation and judicial review proceedings.
Prior to joining the Bar, Ganesh served as Senior Associate to the Honourable Justice Michael Sifris and the Honourable Justice Clyde Croft AM of the Supreme Court of Victoria. He also has significant regulatory and policy experience, having worked in the Mergers and Authorisation and Enforcement branches of the Australian Competition and Consumer Commission, as well as the Australian Taxation Office and as a staffer in Federal Parliament to the Honourable Mark Dreyfus KC.
Matters in which Ganesh has been briefed include:
Ganesh read with Jonathan Kirkwood and his senior mentor is Peter Collinson KC.
Liability limited by a scheme approved under the Professional Standards Legislation
Previously a Partner in Herbert Smith Freehills (Sydney and then Melbourne).
J.B. Chifley Prize for Economics (NSW HSC).
National Undergraduate Scholar (1974 to 1978).
University Prizes in Mathematical Economics, Politics, Economics and Law.
Member of the Global Foundation.
Appeared in commercial trials and appeals in all Australian states and Federal jurisdictions.
Practice in General Commercial and Equity Law, with emphasis on Corporations, Property, Insolvency, Equity, Finance, Contract, Probate, Trade Practices and Administrative Law.
Substantial experience as a Mediator.
Victorian Bar Committee Memberships (Library Committee)
"From 1st July 2011, liability limited by a scheme approved under Professional Standards Legislation."
Greg joined the Victorian Bar in 1991 and has a broad commercial practice which is involved in appearing in the following jurisdictions:
Practises mainly in civil jurisdiction of all courts including VCAT.
Significant experience in Personal Injuries, Contract/Commercial disputes, Industrial Relations Commission (Employment). Mediator. Paperwork. Experienced in publishing, television and recording contracts/negotiations/disputes.
Tony has a broad practice in commercial and public law. He has appeared in numerous complex trials, appeals and arbitrations.
Tony appears in Federal Courts and State Supreme Courts.
Professional Associations: International Council for Commercial Arbitration
Liability limited by scheme approved under Professional Standards Legislation
Niko practises primarily in employment and commercial law. He also accepts briefs in public law and common law matters.
Before coming to the bar, Niko was the Associate to His Honour Justice Cosgrave (then Judge Cosgrave) and later worked as a solicitor-advocate for Safe Transport Victoria where he ran prosecutions and merits reviews.
Earlier, Niko practised as a solicitor in the employment and dispute resolution teams at Gadens.
Niko holds a Bachelor of Arts from Monash University and a Bachelor of Laws (first class honours) from Victoria University where he sits on the Law Faculty’s Program Advisory Committee.
Niko read with Jack Tracey SC and his senior mentors are Anthony Strahan KC and Paul O'Grady KC.
Liability limited by a scheme approved under Professional Standards Legislation.
Chris practises mainly in commercial law, equity and trusts law, and public law. He also has experience in anti-discrimination matters. Chris has advised and appeared on behalf of corporations, government bodies and individuals in a range of courts and tribunals, at both trial and appellate level.
Before coming to the Bar, Chris worked as a senior associate to the Honourable Chief Justice Marilyn Warren AC and the Honourable Justice Melanie Sloss at the Supreme Court of Victoria, as a solicitor at Allens working on tax and intellectual property litigation, and as an associate to the Honourable Justice Susan Kenny AM at the Federal Court of Australia.
Chris completed a Bachelor of Arts and a Bachelor of Laws with Honours at the University of Melbourne, where he graduated second in his LLB cohort. He is proficient in French and spent an exchange semester at the Université Jean Moulin Lyon III during his studies. In 2017, Chris completed a Bachelor of Civil Law at Balliol College, Oxford.
Chris is deputy co-chair of the Victorian Bar's Pro Bono Committee and a reporter for the Victorian Reports. He read with Jonathan Kirkwood SC.
Matters in which Chris has been briefed include:
Commercial and corporations law
Equity and trusts law
Public law
Discrimination and employment/industrial law
Advice
Liability limited by a scheme approved under Professional Standards Legislation
James practises mainly in commercial and public law. He has particular interests in equity and trusts, insurance, and in cross-border disputes.
Before coming to the bar, James was an Associate at Allens, where he practised in commercial litigation with a focus on regulatory and insurance-related disputes.
He graduated from the University of Melbourne with first class honours in law, history and art history, and from the University of Oxford with a doctorate in history.
In 2007, he was Associate to Justice Gummow of the High Court of Australia. He is a past editor of the Melbourne University Law Review, and is a reporter for the Commonwealth Law Reports. He is the Honorary Correspondent for the Selden Society in Victoria.
James teaches Trusts at the University of Melbourne. He formerly taught law at the University of Cambridge, where he was a fellow of Selwyn College.
James read with Michael Rush KC. His senior mentor is Philip Solomon KC.
Cases:
High Court of Australia
Victorian Court of Appeal
Full Federal Court
Supreme Court of Victoria
Supreme Court of New South Wales
Supreme Court of Western Australia
Federal Court of Australia
Victorian Civil and Administrative Tribunal
From 6th May 2016, liability limited by a scheme approved under Professional Standards legislation.
Zoe practises in commercial and public law. Matters in which she has been involved include:
Public Law
Re Parry & Re Lambie [2018] HCA 6 – Senate references to the court of disputed returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) (led by Stephen Donaghue QC, Solicitor-General for the Commonwealth with Brendan Lim).
Re Kakoschke-Moore [2018] HCA 10 – Senate reference to the court of disputed returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) (led by Stephen Donaghue QC, Solicitor-General for the Commonwealth with Mark Costello and Julia Watson).
Chen v Commissioner of the Australian Federal Police [2017] FCA 1558 – acted for the Commissioner in successfully resisting application for preliminary discovery of search warrant affidavits; ongoing brief in application for leave to appeal to Full Federal Court (unled).
Comptroller General of Customs v Sulo MGB Australia Pty Ltd [2017] FCA 315 – appeared for the successful applicant in an appeal on a question of law from a tariff classification decision of the AAT (unled).
Solu Pty Ltd v Comptroller-General of Customs (NSD 20 of 2016) – acted for respondent in appeal on a question of law from the AAT in relation to a tariff classification decision (led by Stephen Lloyd SC).
Internet Marketing Solutions Corp v Environment Protection Authority (unreported, VSC 2017) - acted for EPA in successfully resisting interim injunction to prevent clean up of property containing large stockpile of used tyres (led by Peter Gray QC).
Austube Mills Pty Ltd v Comptroller-General of Customs (VID 210 of 2016) – acted for the respondent in a proceeding seeking declarations and mandamus to compel collection of dumping duties (led by Stephen Donaghue QC).
Iliopoulos v Repatriation Commission [2016] FCA 756 – appeared for successful respondent in an appeal on a question of law from the AAT in relation to s 120 of the Veterans’ Entitlements Act 1986 (Cth) (unled).
Amoena Australia Pty Ltd v CEO of Customs [2016] AATA 357 – acted for the respondent in a review by the AAT of a tariff classification decision (unled).
Comptroller-General of Customs v Vestas - Australian Wind Technology Pty Ltd [2015] FCAFC 185 - appeared for the successful applicant in the Full Federal Court in an appeal regarding the operation of Part XVA of the Customs Act 1901 (led by Stephen Donaghue QC). Special leave refused: Vestas-Australian Wind Technology Pty Ltd v Comptroller-General of Customs [2016] HCASL 85.
GM Holden Limited v Commissioner of the Anti-Dumping Commission [2014] FCA 708 - appeared for the respondents in a judicial review proceeding of a decision to impose dumping and countervailing duties under Part XVB of the Customs Act 1901 (led by Peter Gray SC).
Other appearances for the Repatriation Commission include: Repatriation Commission v Richmond [2014] FCAFC 124 (led by Sashi Maharaj QC); Repatriation Commission v Woodall [2015] FCA 1267 (unled); Hunt v Repatriation Commission[2017] AATA 697 (unled); Richmond v Repatriation Commission [2015] AATA 647 (unled); Woodall and Repatriation Commission [2015] AATA 163 (unled).
Re AWB Ltd (No 6) [2009] VSC 330 appeared for ASIC in application by AWB for access to transcripts of s 19 examinations for purpose of reviewing for legal professional privilege (led by Norman O’Bryan SC). Special leave from the Court of Appeal granted: AWB Limited v Australian Securities & Investments Commission & Anor [2009] HCATrans 331. Appeal to the High Court resolved just prior to hearing (led in the High Court by Stephen Gageler SC, Solicitor-General for the Commonwealth and Peter Hanks QC).
AWB Ltd v ASIC [2008] FCA 1877 – appeared for ASIC in a challenge to information sharing powers (led by Stephen McLeish SC).
Commercial Law
ASIC v Gem Management Group Pty Ltd (VID 759/2017) appeared for ASIC in an application to wind up unregistered managed investment scheme, winding up orders made by consent after commencement of trial (led by Michael Pearce SC).
Guy v Crown Melbourne Limited (No 2) [2018] FCA 36 - appeared for the applicant in this proceeding involving allegations of misleading or deceptive conduct and unconscionable conduct in relation to "pokie" machines (led by Ron Merkel QC and Peter Gray QC, with Chris Tran).
ASIC v Planet Platinum Ltd (Prov Liq Apptd) [2015] VSC 682 - appeared for ASIC in a successful application to have an ASX-listed company wound up on the just and equitable ground. Succeeded in having provisional liquidator appointed: ASIC v Planet Platinum Limited [2015] VSC 273. Declaration obtained that the appointment of administrator was invalid: ASIC v Planet Platinum Ltd (in liq) [2016] VSC 120. (Led by Michael Pearce SC.)
Matthews v SPI & Ors - briefed for the Department of Sustainability and Environment in the class action relating to the Black Saturday bushfires.
Specialist Diagnostic Services Pty Ltd v Healthscope Ltd & Ors [2012] VSCA 175; (2012) 305 ALR 569 and [2010] VSC 443 – appeared for a defendant in a dispute regarding leases of premises within hospitals to pathology provider (led by Philip Solomon SC).
Liability limited by a scheme approved under Professional Standards Legislation.