Robert practises in occupational health and safety, environmental and other regulatory prosecutions, personal injury, employment and industrial law, criminal law, professional disciplinary proceedings and coronial inquests in all courts and tribunals.
He was recognised in the 2025 Doyle's Guide rankings as the Market Leader in the field of workplace health and safety law. In recent years he has appeared in many of the most significant cases in the area at both trial and appellate level, including alll of the first three workplace manslaughter prosecutions conducted in Victoria.
He specialises in areas involving the intersection of the criminal law with business: occupational health and safety, competition law, corporations law and environmental regulation offences. He appears in both prosecutions and civil penalty proceedings at trial and appellate level, at inquests and disciplinary proceedings, and in the Fair Work Commission and other employment law tribunals.
He also appears in state and federal courts in personal injury cases, industrial cases, employment contract cases, general protections disputes, sexual harassment and discrimination cases. He regularly appears for players at the AFL tribunal.
Experience
Occupational Health and Safety/Regulatory Offences
Robert acts for companies charged with offences under the Occupational Health and Safety Act and similar legislation, in contested cases and pleas. He has appeared with success in numerous jury trials. He has appeared in a number of the significant cases in the field in the Court of Appeal and the High Court.
He is available to advise on incident management, analysing briefs of evidence, and whether a case should be contested or pleas of guilty entered.
He has also acted in prosecutions brought under the Environment Protection Act, the Building Act, the Planning Act, and Food Act, and the Gambling Regulation Act and has been briefed by the Victorian Workcover Authority, the Victorian Commissioner for Gambling and Liquor Regulation and several municipal councils to prosecute offences.
Industrial and Employment
Robert has acted for companies such as John Holland, Schweppes, Nissan Australia, Esso, DP World and Baiada Poultry in major industrial cases in the Supreme Court, the federal courts and the Fair Work Commission. He has also appeared for both employers and employees in employment contract disputes in State courts, unfair dismissal cases in the Fair Work Commission and underpayment and general protections claims in the Federal Circuit Court. He has appeared in a number of significant matters at first instance and on appeal, including in the High Court, for the Australian Building and Construction Commissioner.
Personal Injury
Since taking silk Robert has developed a practice in personal injury trial work and accepts briefs to appear in jury trials, causes and appeals.
Inquests
Robert regularly appears in the Coroners Court and has represented the Chief Commissioner of Police, employers, and families of deceased persons in that jurisdiction.
Criminal Law
Robert is an experienced jury trial advocate with particular experience in Corporations Act prosecutions, fraud, and major drug prosecutions.. He is also experienced in conducting general criminal law cases.
He has also appeared in the Court of Appeal in serious criminal matters on conviction and sentence appeals.
He is the former author/editor of the online edition of Ross on Crime.
From 12 Feb 2009, liability limited by a scheme approved under Professional Standards legislation.
Since 1987 I have practised in the Supreme and Federal Courts (at both trial and appellate level) and in arbitrations involving complex commercial disputes, banking/insolvency, corporations matters, Trade Practices Act/Australian Consumer Law matters, equity, partnership and property matters joint venture disputes, and various regulatory authority disputes.
Over the years, I have acted for many private litigants and public bodies, ASX listed entities, financial institutions, liquidators and regulators including ASIC, ACCC and APRA. I have appeared in various proceedings arising out of corporate collapses including the fraud perpetrated on the Bank of Melbourne; the collapse of the Bell Group Companies (and Bond Corporation Holdings Limited); Lehman Brothers, the Westpoint Group, the Pyramid Building Society Group, the Estate Mortgage Group, Ansett Airlines;
and the Harris Scarfe Group and others; the Waterfront Dispute between Patrick Stevedores Pty Ltd and the Maritime Union of Australia. I have regularly led teams of counsel and solicitors in complex litigation.
Doyle’s Guide 2016 – 2024
https://doylesguide.com/leading-insolvency-restructuring-senior-counsel-victoria-2024/
Legal 500
https://www.legal500.com/c/australia-bar/commercial-disputes/silks#2024%20Silks
Other Appointments/Interests
President Victorian Bar Council 2014- 2015
Past Chairman of Victorian Bar Audit & Finance Committee; Past Member Ethics
Committee of the Victorian Bar; Counsel Committee of the Victorian Bar.
Member of Practicing Past Chairman Committee Victorian Bar
Past Director of Victoria Law Foundation (2019 – 2014)
AOC Appeals Tribunal for the 2020 Australian Olympic Team; Rowing – Permanent
Chair, Rowing Australia Selection Appeals Board since 2017
Director Legal Super Pty Ltd (2021 - )
Chairman Legal Super Investment Committee (2024 - )
From 18/06/2009, Liability limited by a scheme approved under Professional Standards Legislation.
Neill specialises in Professional Indemnity Litigation (especially Medical Negligence), Insurance and Commercial Litigation, Common Law Personal Injuries and Torts other than Personal Injuries and Coronial Inquests.
Articled and employed as a Solicitor with Phillips Fox from 1988 to 1992. Employed as a Solicitor with Barlow Lyde & Gilbert in London from 1992 to 1995.
Neill came to the Bar in 1995.
Liability limited by a scheme approved under Professional Standards Legislation.
Ian came to the Bar having been a commercial litigation solicitor at partner and consultant level for over 10 years. At the Bar, Ian practices in a wide range of commercial matters; frequently major litigation. Ian sits on various sporting tribunals, including AFL Victoria. He provides advice in sports law matters. Ian is experienced in long cases management and computer litigation support. Nationally Accredited Mediator. Member Commercial Bar Association;
Liability limited by a scheme approved under Professional Standards Legislation.
G Tony Pagone practises in all as aspects of litigation, including arbitration, mediation and advice.
Tony Pagone retired from the Federal Court of Australia where he had been the national co‑ordinating judge of the Taxation National Practice Area. Before his appointment to the Federal Court he was a judge of the trial division of the Supreme Court of Victoria and had been the judge in charge of the Commercial Court of that Court. He graduated from Monash University in 1979 with a Bachelor of Laws and from Cambridge University with a Master of Laws in 1983. In 2014 he was awarded an LLD from the University of Melbourne for his research and published work on anti‑tax avoidance provisions.
He was admitted in Victoria as a legal practitioner in 1980, signed the roll of counsel in 1985, and was appointed Queen’s Counsel for Victoria in 1996. He practised widely in taxation law, commercial law, administrative law, constitution law, public and human rights law during his career at the Bar. He was also Special Counsel to the Australian Taxation Office between 2002 and 2004. He is a professorial fellow of the Melbourne Law School and lectures in several post-graduate courses at the Melbourne Law School and from time to time in the Law Faculty at Monash University. He was President of the International Association of Judges from 2018-2021, is now an Honorary President and had been on the board of the International Association of Tax Judges.
He was appointed in October 2022 to the board of the International Institute for Justice Excellence.
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
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.
Practises in general commercial law, including contracts, corporations, equity and insolvency. Formerly associate to Elliott J of the Supreme Court of Victoria and solicitor at Mallesons.
Selected matters:
Committees:
From 1st May 2014, 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.
Maya has over 20 years' experience at the commercial bar appearing in applications, directions and trials in jurisdictions from VCAT to the Supreme Court of Appeal.
She enjoys a broad based commercial practice including contract disputes, equities, trusts, partnerships, mortgages and other securities as well as property disputes, building and construction, franchise disputes, company and insolvency disputes. Maya has also appeared in Fair Work Act general protection and unfair dismissal matters as well as discrimination and equal opportunity matters in the Federal Court and VCAT.
Maya completed her Australian Mediation Training in 2004. She is an accomplished and strategic negotiator and will provide early assistance to instructors and clients on limiting the costs and risks of lengthy and expensive trials where appropriate. She has successfully employed the Civil Procedure Act 2010 to enforce procedural compliance by opposing parties in disputed matters including on matters of costs.
Maya completed her articles with Darvall McCutcheon in 1989 and worked as a commercial litigation solicitor at that firm and later at Lander & Rogers. In 1993 she was appointed an Associate at Jack Cohen, Serry & Co. On coming to the bar, Maya was extremely fortunate to read with the Honourable Justice Almond as one of only 5 readers before he took silk and his only female reader.
Maya is a regular contributor to the Bar Readers Course in advocacy training and has travelled a number of times with the Victorian Bar Pacific Rim Committee to Papua New Guinea and the Solomon Islands to carry out advocacy training of local students and lawyers.
Tim is an experienced commercial barrister and appears in a wide range of commercial disputes and professional disciplinary matters. He has extensive experience
in working on cases as part of a team made up of solicitors and other counsel. He is an experienced trial advocate.
In recent years, Tim has obtained significant experience in different areas including corporations, professional disciplinary and professional negligence matters. For example, he has:
Tim has appeared in a wide variety of jurisdictions, including the State Court of Appeal and Supreme Court Trial division, in relation to insurance disputes, equity proceedings, contempt proceedings and insolvency matters.
Tim's CV, including a selection of cases in which he has been involved, may be viewed via the CV link above.
From 1 July 2008 liability limited by a scheme approved under Professional Standards Legislation
Common Law and Insurance Litigation, TAC proceedings, Medical Negligence, Sexual Assault, Class Actions, Trade Practices, Administrative Law.
Formerly a Solicitor at Ebsworth & Ebsworth (1987-1990).
Since coming to the Bar in 1990 Mark has practised exclusively in the diverse commercial area with principal emphasis on Professional Negligence, Banking/Finance, Corporations Law, Building and Construction, Equity, Securities, Trade Practices and non-personal injuries Insurance litigation.
Mark’s personal interests include theatre, Dandie Dinmont Terriers and military history.
From 3rd May 2012, liability limited by a scheme approved under Professional Standards legislation.
Tristan has significant experience in large commercial and construction disputes. He also acts regularly in professional negligence matters, including on behalf of barristers, solicitors, builders, building owners, owners corporations, building surveyors, architects, engineers and real estate agents.
Before joining the Bar in 2008, Tristan was a commercial litigator at Minter Ellison and Mallesons Stephen Jaques.
Published decisions in which Tristan has appeared include:
- Zhang v Oakmont Properties Pty Ltd [2020] VSC 810
- Oakmont Properties Pty Ltd v Duan Lan Zhang & Anor [2019] VSC 568
- Oakmont Properties Pty Ltd v Zhang (Building and Property) [2019] VCAT 92
- O'Keeffe v Toop & Ors [2018] VSC 421
- Ozaltay & Anor v Atilla & Anor (No 2) [2018] VSC 764
- Johns Lyng Commercial Builders Pty Ltd v Carrington International Pty Ltd (Building and Property) [2016] VCAT 1821
- Rees v Rees [2016] VSC 452
- Melina Sehr v Best Hooper Ltd [2015] VMC 32
- Metricon Homes Pty Ltd v Hooper [2014] VSC 12
- Hooper v Metricon Homes Pty Ltd [2014] VCAT 277
- Clarendon Homes Vic Pty Ltd v Zalega [2010] VCAT 1202
- Sivritas v Sivritas & Anor [2008] VSC 374
- DPP v Williams [2004] VSC 360
Scott has an active commercial practice regularly appearing in trials and appeals in the Supreme and Federal Courts as well as in the County Court and VCAT and private arbitrations. His areas of practice involve commercial law, contractual and partnership disputes, equity and trusts, the domestic building insurance regime, VWA premium calculations and commercial negligence actionsin the agricultural sector and generally.
Scott graduated from the University of Melbourne with a degree of LLB (Hons) and BA (Hons). Having completed articles at Freehill Hollingdale & Page he acted as associate to McGarvie J prior to his appointment as Governor of Victoria and to Harper J until 1993.
Hamex Corporation Pty Ltd v Latrobe Street Ventures Pty Ltd (No 2) [2020] FCA 199 (25 February 2020)
Clementi v Rossi [2019] VSC 725 (7 November 2019)
Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662 (10 October 2019)
Demetrios v Lehmann [2019] VSC 301 (10 May 2019)
Gabelich v Donaghey [2018] VSC 184 (10 May 2018)
Bauer Consumer Media Ltd v Evergreen Television Pty Ltd [2019] FCAFC 71 (3 May 2019)
Blanalko Pty Ltd v Lysaght Building Solutions Pty Ltd [2017] VSC 97 (10 March 2017)
Jovanovic v Magri [2017] VSCA 373 (14 December 2017)
Bauer Consumer Media Limited v Evergreen Television Pty Ltd [2017] FCA 507 (12 May 2017)
Luhan v Micallef [2017] VSC 246 (10 May 2017)
Victorian WorkCover Authority v Divadeus Pty Ltd (in liquidation) [2016] VSCA 81 (28 April 2016)
Alpine Petroleum Pty Ltd v Jonmac Transport Pty Ltd & Anor [2016] VCC 136 (25 February 2016)
Feiglin v Ainsworth [2015] VSCA 326 (7 December 2015)
Gann v Hosny [2015] VSCA 43 (16 March 2015)
Mayer v Mayer [2015] VSC 2 (20 January 2015)
Divadeus Pty Ltd v Victorian WorkCover Authority [2014] VSC 578 (5 December 2014)
Feiglin v Ainsworth & Ors [2014] VSC 233 (22 May 2014)
ACCU Ltd v Fellows [2014] VCC 581 (9 May 2014)
Feiglin v Ainsworth (No 2) [2014] VSC 376 (20 August 2014) Luong & Anor v Du (No 2) [2014] VSC 37 (14 February 2014)
Luong & Anor v Du [2013] VSC 723 (19 December 2013)
Kalenik v Apostolidis & Ors (No 2) [2013] VSC 395 (8 August 2013)
Feiglin v Ainsworth (No 3) [2013] VSC 560 (21 October 2013)
Samil Power Company Limited v Schneider & Ors [2013] VSC 382 (1 August 2013)
Java Gold Australia & Ors v Java Gold Coffee & Ors [2013] VCC 645 (26 July 2013)
Feiglin v Ainsworth (No. 2) [2013] VSC 83 (5 March 2013)
Anderson v QBE Insurance (Australia) Ltd [2013] VCC 77 (22 February 2013)
V & D Zurcas Holdings Pty Ltd v K & S Coolstores Pty Ltd & Anor [2013] VCC 75 (20 February 2013)
The Solicitors' Trust v Oxenbould [2013] TASFC 2 (1 February 2013)
Emu (Aus) Pty Ltd v Victorian WorkCover Authority [2012] VSC 610 (12 December 2012)
King v Lynpete Australia Pty Ltd & Ors [2012] VSC 140 (18 April 2012)
Oxenbould v The Solicitors' Trust (No 2) [2011] TASSC 63 (2 December 2011)
Oxenbould v The Solicitors' Trust [2011] TASSC 57 (3 November 2011)
Feiglin & Anor v Ainsworth & Ors [2011] VSC 454 (19 September 2011)
Winter v Equuscorp Pty Ltd [2010] VSC 419 (17 September 2010)
Cibalevski v Ristevski (No. 2) [2010] VCC 503 (19 May 2010)
Pearsons Barristers and Solicitors v Avison [2009] VSCA 54 (27 March 2009)
Cibalevski, Robert v Ristevski, Saso [2009] VCC 1270 (16 October 2009)
Aylett v Peter Rowland Catering Pty Ltd & Ors [2008] VSC 467 (11 November 2008)
Foster v Galea & Anor [2008] VSC 317 (22 August 2008)
Allianz Australia Insurance Ltd v Douralis & Ors [2008] VSCA 72 (8 May 2008)
Zephyr Property Developments Pty Ltd v Contractors Bonding Limited [2008] VSC 122 (24 April 2008)
Ryan & Anor v Victorian Managed Insurance Authority [2007] VSC 474 (23 November 2007)
Macdonald v Australian Wool Innovation Ltd [2005] FCA 105 (18 February 2005)
Housing Guarantee Fund Ltd v Ryan [2005] VSC 214 (23 June 2005)
Kalenik v Apostolidis [2005] VSC 27 (18 February 2005)
In the matter of Greek Orthodox Community of Melbourneand Victoria [2003] FCA 1269 (7 November 2003)
Tamas v Victorian Civil and Administrative Tribunal & Ors [2003] VSCA 113 (21 August 2003)
Spitfire Nominees Pty Ltd and Anor v Hall & Thompson (a firm) [2001] VSCA 245 (20 December 2001)
Victorian WorkCover Authority v I R Cootes Pty Ltd [2001] VSCA 85 (6 June 2001) Aliferis v Kyriacou [2000] VSCA 123 (20 July 2000)
Croft v McNamara [1999] VSC 495 (7 December 1999)
Northgate Valley Pty Ltd v Westpac Banking Corporation [1999] VSC 373 (15 September 1999)
Gibson v ANZ Banking Group Ltd [1999] FCA 1327 (14 September 1999)
Alan Chalmers v Deakin University [1997] FCA 766 (11 August 1997)
Price Higgins and Fidge v Alexander J Drysdale [1995] VSC 208; [1995] VICSC 208 (27 October 1995)
Liability limited by a scheme approved under Professional Standards Legislation.
Renee is an experienced trial and appellate advocate with a broad practice incorporating general commercial and contractual disputes, consumer law, media and defamation, and merits review. Renee also has experience at inquiries.
Renee regularly appears for both plaintiffs and defendants in defamation actions and claims for injurious falsehood. She advises on pre-litigation strategy including choice of jurisdiction, having regard to factors such as the nature and extent of publication and whether a jury or non-jury trial is appropriate. She is experienced in managing defamatory disputes arising from publications in national print publications as well as online and social media including Twitter and Facebook.
Renee represents clients in a breadth of consumer protection matters under the Australian Consumer Law including claims for misleading or deceptive conduct, false or misleading representations, unconscionable conduct, and unfair contract terms.
Before the Administrative Appeals Tribunal, Renee has unparalleled experience acting on behalf of Registered Training Organisations and Higher Education Providers. She regularly advises and appears at stay hearings, dismissal applications and final hearings.
A sample of cases in which Renee has appeared in a variety of jurisdictions, both led and unled, is set out below.
Renee is a member of the Commercial Bar Association and the Women’s Bar Association.She read with Georgina Schoff QC and her senior mentor is William
Houghton QC. Renee has had two readers – Geoff Lake (2018) and Sanjay Schrapel (2020).
Before coming to the Bar, Renee practised in the Dispute Resolution group at Phillips Fox (now DLA) and Cornwall Stodart.
From 01 Jul 2016, liability limited by a scheme approved under Professional Standards legislation.
TYPE OF PRACTICE
Robyn has a national practice, and acts principally in industrial relations and employment law matters in both State and Federal jurisdictions.
EXAMPLES OF RECENT CASES (the party Robyn represented is indicated by asterisks below):
Dikele Diawara v National Australia Bank* - Federal Court of Australia (Sydney) - application for relief under the Australian Human Rights COmmission Act in relation to allegations of discrimination on the basis of sex, race and national origin - ongoing (leading Catherine Pase of Counsel)
Pricilla Atkins v North Australian Aboriginal Justice Agency* - Federal Court of Australia (Darwin) - interlocutory application for relief from termination or purported termination in contravention of Part 3-1 of the Fair Work Act 2009 (Cth) (leading Catherine Pase of Counsel)
United Firefighters Union v Fire Rescue Victoria* - Fair Work Commission - application for the Commission to deal with a dispute in accordance with a dispute settlement procedure - claim for increase in allowances - decision pending (leading Matt Garozzo of Counsel)
G4S* v United Workers Union - Fair Work Commission - application for an order for suspension of protected industrial action - s 424 of the Fair Work Act - resolved by consent (leading Catherine Pase of Counsel)
JDL v Siemens Mobility Pty Ltd* - Supreme Court of Victoria - claim for breach of employment contract - incorporation of policies into contract - decision at https://aucc.sirsidynix.net.au//Judgments/VSC/2023/T0028.pdf
AA v Startrack Express Pty Ltd* - Victorian Civil and Administrative Tribunal - claim of sexual harassment under the Equal Opportunity Act 2010 - decision pending
CC v Australian Unity Home Care Services* - Federal Circuit and Family Court of Australia - application for summary dismissal - (No 4) [2022] FedCFamC2G 824
CP v Commonwealth of Australia (Australian Taxation Office)* - Federal Court of Australia - claim of age and disability discrimination - general protections claim (with Andrew Crocker) - [2021] FCA 1624 (liability); [2022] FCA 135 (costs)
The Police Federation of Australia (Victoria Police Branch) v Victoria Police* - Fair Work Commission Full Bench - appeal against decision of DP Colman regarding application to deal with a dispute regarding VicPol's capacity to transfer officers holding "maximum time in position" roles - [2021] FWCFB 4161
Fink v Secretary, Attorney-General’s Department* – Administrative Appeals Tribunal – application for redundancy pay under the Fair Entitlements Guarantee Act following the insolvency of an employer - [2021] AATA 734
Lunt v Victoria International Container Terminal Pty Ltd* - Full Federal Court of Australia - appeal from decision dismissing appellant's proceeding as an abuse of process (with Stuart Wood AM QC and Nico Burmeister) - [2020] FCA 40
Lunt v Victoria International Container Terminal Pty Ltd*- Federal Court of Australia - application for constitutional writs (with Stuart Wood AM QC and Nico Burmeister) - settled
SR v Australian Postal Corporation* – Federal Court of Australia – application for compensation and penalties - settled
JW v Australian Postal Corporation* - Federal Circuit Court of Australia – application for compensation and penalties - settled
Upton v Australian Federal Police* - Federal Court of Australia – application for compensation and penalties - settled
De Sousa v Newcrest Pty Ltd*– Supreme Court of Victoria – proceeding for damages arising from alleged breach of contract – misleading and deceptive conduct
RS v Amazon Commercial Services Pty Ltd* - Federal Circuit Court of Australia – application for compensation and penalties - misleading and deceptive conduct - settled
Katherine Morton v Commonwealth Scientific and Industrial Research Organisation*– Federal Court of Australia – application for compensation and penalties
Hutchinson v Comcare*– Federal Court of Australia – application for relief under the Public Interest Disclosure Act 2013 (Cth)
Australian Building and Construction Commission* v CFMMEU– Full Court of the Federal Court - appeal – liability and penalty orders
Psychology Board of Australia* v Wilkinson -Victorian Civil and Administrative Tribunal - disciplinary proceedings under the Health Practitioner Regulation National Law.
TP v Rio Tinto Shipping Pty Ltd* - Federal Court of Australia - misleading and deceptive conduct - breach of contract - settled
Director, Fair Work Building Industry Inspectorate* v CFMEU - Federal Court of Australia (Queensland Registry) - application for injunctive relief and penalties
Maritime Union of Australia v Fair Work Ombudsman* - Full Court of the Federal Court - appeal - liability, penalty and compensation orders
Robyn sat on the Victorian Bar Council for two years and is the immediate past Assistant Honorary Treasurer of the Victorian Bar (2021, 2022).
From 07 Aug 2008, liability limited by a scheme approved under Professional Standards legislation.
Anthony Strahan KC is an experienced trial and appellate advocate and has been leading counsel in numerous complex trials and appeals. He works predominately in corporate and commercial law, insolvency, class actions, insurance, banking and finance, fraud, equity and property. He has a significant practice related to professional services, as well as extensive experience in defamation and media law. He has appeared in public law and judicial review cases, domestic and international arbitrations and in significant tort claims. He also acts for parties in connection with Royal Commissions and inquiries.
Anthony has experience with the telecommunications, banking and finance, insurance, media, oil & gas and pharmaceutical industries, among others. He frequently acts in disputes arising out of property developments and in investigations and proceedings brought by regulatory authorities. He appears in disciplinary proceedings (both professional and sport related). He has also prosecuted or defended numerous applications for injunction, stay, anti-suit injunction, freezing orders and Anton Piller orders. He also has experience with issues related to Aboriginal cultural heritage.
Anthony has completed the Victorian Bar's Lawyers' Mediation Certificate course and accepts appointments as mediator for significant disputes.
From 2001 to 2003 he was an associate with Freshfields Bruckhaus Deringer in London. Prior to that he worked for Minter Ellison in Melbourne. He is a member of Chartered Institute of Arbitrators (MCIArb). He is currently Chair of the Bar's Readers' Course Committee, which is responsible for training the next generation of barristers in Victoria.
For further information about his availability, fee rates and other information, please contact his clerk on 9225 7999 or by email to dever@vicbar.com.au.
From 06/11/2008, Liability limited by a scheme approved under Professional Standards Legislation.
Philip has a significant practice, regularly appearing in both appeals and trials: in the High Court of Australia, the Federal Court of Australia and the Supreme Court of Victoria. His principal areas of practice comprise: administrative law, contracts, commercial and corporations law, taxation, equity and trusts, insurance (including personal injury), and negligence.
Philip is listed as a leading Australian Queen’s Counsel by Chambers and Partners (Asia-Pacific: 2018, and then each year following); as a leading commercial litigation and dispute resolution Queen’s Counsel in Victoria in Doyles Guide (2015, and then each year following); and as a Leading Silk (Class 1) in The Legal 500.
Chambers and Partners described Philip as follows:
Philip Solomon is widely acknowledged by interviewees as an “outstanding barrister”, a number noting that, as one source puts it, he is “a silk who involves himself as much in the detail as in the broad strategic direction of the case.” Several of his most valuable qualities are listed by a client who reports that he is “very strong in the commercial area, has great financial literacy, takes control of the situation without getting distracted by all the noise, and can spot what is going to happen.” Particularly noted for his busy appellate practice, he is also seen in tax disputes, on large commercial cases and in high-level cross-border litigation.
Legal 500 described Philip as follows:
Excellent written and oral advocate; crisp, clear and concise. A pleasure to deal with in running cases and works well behind the scenes with junior Counsel.
Philip graduated from the University of Melbourne with the degree of Bachelor of Laws with First Class Honours in 1991; and was awarded a Master of Law Degree with First Class Honours from the University of Cambridge in 1994.
Details of Philip’s previous appearances may be seen via the CV link.
Liability limited by a scheme approved under Professional Standards Legislation.
Bill practises primarily in commercial disputes, with a particular focus on building and construction, insolvency, and consumer law litigation, as well as arbitration.
Before joining the bar, Bill worked at the Supreme Court of Victoria as an associate to Justice Sloss of the Commercial Court where he assisted in the hearing and conduct of complex commercial disputes and urgent applications. In his role as an associate, Bill was involved in a wide variety of commercial matters involving insolvency, bankruptcy, banking, consumer protection and property law.
Bill also practised for two years as a solicitor at MolinoCahill Lawyers, a specialist law firm providing legal advice to clients involved in the construction, infrastructure, technology, defence, and energy and resource sectors. During his time at MolinoCahill, Bill was involved in large scale Supreme Court and Federal Court litigation, as well as mediation and arbitration, related to the construction of road, rail and pipeline infrastructure.
Bill holds a Juris Doctor from the University of Melbourne, where he graduated in the top 10% of his class. He is reading with Robert Craig and his senior mentor is Nicholas Hopkins QC.
From 03 May 2018, liability limited by a scheme approved under Professional Standards legislation.
Before signing the Bar Roll, Deborah was a solicitor at Corrs Chambers Westgarth practising in employment and industrial law. Prior to that Deborah was the Associate to Justice A.M. North in the Federal Court of Australia.
Since coming to the Bar Deborah has practised in administrative law, public law, employment/industrial and general commercial law.
Deborah has an Honours and a Masters degree in law.