Fiona practises in commercial law including regulatory matters, consumer protection and financial services, common law including historical abuse claims and class actions, and public law matters including Royal Commissions appearing in jury and judge-alone trials and appeals. She has prosecuted and defended criminal maters including Work Health Safety and Commonwealth crimes including slavery charges.
She represented the Commonwealth in major cases including leading the legal team in the Victorian Bushfires Royal Commission, Queensland Floods Commission and the Royal Commission into Institutional Child Sex Abuse and regularly appears for the Department of Defence and Home Affairs. She led the legal team representing the successful plaintiff in the Murrindindi bushfire class action and the plaintiffs in the Don Dale class action.
Fiona is a leader of the national and international legal profession having led the Law Council of Australia, Australian Bar Association, Victorian Bar and Australian Women Lawyers. She is the Co-Chair of the Diversity and Inclusion Council and an officer of the Bar Issues Committee of the International Bar Association and a member of the Council of the Commonwealth Lawyers Association.
She has been recognised as an outstanding advocate and leader of the profession and has chaired and contributed to numerous government Boards and Working Groups.
She has been a champion for diversity and inclusion and has received numerous awards, including for her contribution to the advancement of women and human rights issues, in particular, human trafficking. She was appointed to the Victorian Honour Roll of Women in 2014 and was appointed an Officer of the Order of Australia in the 2020 Australia Day Honours for ‘distinguished service to the law, and to the legal profession, at the national and international level, and to women lawyers’ .
Fiona graduated with Bachelor of Arts, Bachelor of Laws and Master of Public & International Law from the University of Melbourne. She completed the Australian Institute of Company Directors, Company Directors Course in 2017.
Fiona is actively engaged in supporting government and institutional transparency and integrity. She is the Chair of the Accountability Round Table and a former Chair of Transparency International Australia and the Open Government Forum.
ASIC v RI Advice, Civil penalty proceedings against RI Advice concerning cyber security risk management for financial services advisors and licensees
Pabai & Anor v Commonwealth, Landmark climate change class action on behalf of Torres Strait Islanders
PCB v Geelong College, Negligence claims, record damages awarded to survivor of child sex abuse
John XXIII College v SMA, Appeal against negligence for directing students off campus and response to assault claims
CDPP v Defence Workhealth and Safety charges concerning death of a solider in training exercise
CDPP v Defence Successful defence at trial of WHS charges, now on appeal, concerning electrocution of soldiers in training exercises
Disability Royal Commission Appearing for service provider Aruma Disability Services
McDonald v Commonwealth Class action claims for historic unpaid wages in the Northern Territory
Various plaintiffs v Commonwealth Claims by various employees working in offshore detention facilities on Manus Island
R v Kannan Slavery and domestic servitude
Sheridan v Australian Pacific Airports and Australian Federal Police Airport licensing, allegations of assault and false imprisonment
Liability limited by a scheme approved under Professional Standards Legislation.
Before coming to the Bar, Banjo was a Senior Associate at Allens Arthur Robinson and the Associate to the Honourable Justice Middleton of the Federal Court of Australia. He graduated from the University of Adelaide with degrees in Law (with Honours) and Science, and undertook a year of his law degree in French at the Universite de Poitiers in France.
Banjo practises in commercial litigation. Significant matters include the following:
Acting for Honda Australia in proceedings brought by former dealers.
Glideware Pty Ltd v Hadad [2024] VSC 34.
Acting for Aveo Group Limited in the Federal Court class action (Luke v Aveo Group Limited (No 3) [2023] FCA 166) .
Acting for Aveo Group Limited in the Federal Court class action
Diversa Pty Ltd v Taiping Trustees Ltd [2022] FCA 316 (with Vanessa Whittaker SC and Nicholas Mirzai)
McCallum, in the matter of Re Holdco Pty Ltd (No 2) [2021] FCA 377
Ford (Administrator), Re The PAS Group [2020] FCA 1873
Mentha v Epic Energy South Australia Pty Ltd (No 2) [2018] FCA 925
SMEC Holdings Pty Ltd v Commissioner of the AFP [2018] FCA 609
Acting for Bank of Queensland in the Financial Services (Banking) Royal Commission.
Aftermarket Network Australia Pty Ltd v Certain Underwriters at Lloyd’s [2016] FCA 1402
Mentha, in the matter of Arrium Limited (administrators appointed) [2016] FCA 1357
State Street Australia Ltd v Retirement Villages Group Management Pty Ltd [2016] FCA 675
Re Banksia Securities Ltd (in liq) (recs and mgrs apptd) [2016] NSWSC 357
Re Donnelly and Ors (in their capacities as joint and several administrators of Carpenter International Pty Ltd (ACN 165 690 657) (admins apptd)) - (2016) 111 ACSR 477; [2016] VSC 118
Lanka Graphite Limited (formerly Viculus Limited) [2015] FCA 798
ASIC v Mariner Corporation Limited [2015] FCA 589
Vaughan Super Pty Ltd v Becton Property Group Limited [2014] FCA 581 (successful application to strike out Federal Court claim in entirety, led by Peter Jopling AM QC)
Banksia proceedings (acting for Banksia’s receivers in proceedings in the Supreme Court of Victoria, led by Philip Crutchfield QC and Jonathon Redwood)
ASIC v Centro Directors (Civil Penalty Proceeding in the Federal Court, led by Alan Archibald QC and Philip Crutchfield QC)
Centro Class Action (Federal Court, led by Philip Crutchfield QC for the former non-executive directors of Centro)
Fairlight.au Pty Ltd v Peter Vogel Instruments Pty Ltd (trade mark and contract claim in Federal Court, led by Andrew Panna SC)
Rod Investments (Vic) Pty Ltd v Adam Clark & Ors (Media World Shareholder Class Action in the Supreme Court, led by Bernie Quinn SC)
Keller v LED Technologies Pty Ltd (No 2) (Full Federal Court, led by Peter Riordan SC)
From 19/11/2009, Liability limited by a scheme approved under Professional Standards Legislation.
Mr Moloney is a senior barrister in Melbourne and a member of the Victorian Bar who practises in corporate and commercial law, administrative and constitutional law, equity, professional discipline, professional negligence, insurance, banking and finance, defamation, trade practices, property law, medical negligence, family law (appellate) and gambling regulation.
He has a trial and appellate practice and an advice practice.
He has a specialisation in public law and also in all aspects of the regulation of medical practitioners, particularly at a Commonwealth level.
He routinely acts either for all Health Professionals or their regulatory Boards in disciplinary proceedings (trial and appellate).
He is experienced in Inquiries and Arbitration (both local and international), has chaired an Inquiry into the probity of scientific research under the NHMRC guidelines, and routinely conducts disciplinary Inquiries and Adjudications in the conduct space by private engagement.
Mr Moloney has appeared in various Inquiries, including as counsel assisting as well as a number of large-scale commercial cases over the last twenty years.
He practises in the High Court of Australia, the Supreme Court of Victoria and Federal Courts (trial and appellate). He is also a Member of the Australian Bar Association and is admitted in New South Wales and Western Australia and a member of the Bar in each of those States.
He is the Chairperson of the Medicare Participation Review Committee of Australia, thrice appointed by the Federal Government. By this office he chairs a committee which makes determinations about whether certain health practitioners should retain the right to participate in the Medicare Scheme.
He is a Past-Chairperson of the Australian Institute of Administrative Law (Victorian Chapter), The Medico Legal Society of Victoria, and is currently a member of the Administrative Law Committee of the Law Council of Australia. He was formerly a member of the Professional Standards Education Committee of the Victorian Bar and The Alfred Hospital Human Research Ethics Committee, evaluating and authorising human research across multiple public hospitals, including The Alfred Hospital, the Baker Heart and Diabetes Institute and the Burnet Institute.
Liability limited by a scheme approved under Professional Standards Legislation.
Simon came to the Bar in 1986.
Areas of Practice
He has an extensive practice in commercial litigation including litigation involving major infrastructure projects. His most prominent work areas are in contract and corporations law, major torts, equity and insolvency. He has appeared in many major cases, including in competition law (including infrastructure access cases) and commercial law, as well as in 3 Royal Commissions and in other public Inquiries.
Court Work
He appears in all State and Federal Courts.
Advice
He has a large commercial advice practice in major commercial disputes including for significant public companies and for government.
Mediation
He regularly mediates disputes in commercial matters.
Committees
He served on the Victorian Bar Council for 4 years from 2017 to 2020, including 3 years as Vice President of the Bar. He has also served as Chairman of the Readers’ Course Committee and of the Bar’s Education & Professional Development Executive. He also served on the Counsel Committee.
Liability limited by a scheme approved under Professional Standards Legislation.
Common Law and Insurance Litigation, Medical Negligence, Administrative Law, Trade Practices, Racing.
Sandip appears and advises (both led and unled) in a range of common law, media, insurance and administrative law matters, including trials, inquests and appeals. In each of the past 10 years (2014-23) he was recognised by his peers in the AFR's annual 'Best Lawyers' list for his expertise in Defamation and Media Law. In 2022 and 2023 he was also listed in the area of Litigation and in 2023 in the area of Product Liability too. In 2016 and 2020-22 he was ranked by Doyle's Guide in the area of Technology, Media and Communications and in 2020 was also ranked in the area of professional indemnity insurance. In 2021, 2022 and 2024, he was recognised in the Asia-Pacific Legal 500 as one of Australia's leading media law junior counsel.
He has extensive advocacy experience in defamation, breach of confidence, freedom of information and contempt of court matters, as well as in applications for non-publication orders in criminal and civil cases - where he is usually opposed to senior counsel. He has a sound knowledge of both civil and criminal procedure. In recent years he has advised and appeared in many of Victoria's most prominent media disputes, including acting for: News Corporation is its defence of defamation proceedings brought by Bruce Lehrmann; Bauer Media in defence of a defamation claim brought by actress, Rebel Wilson; Nationwide News in a defamation claim brought by musician, Daniel Johns; the ABC, The Age and the Daily Mail in defamation claims brought by Mick Gatto; Nine Network in various defamation claims including those brought by Prof Munjed Al Muderis and Queensland's Wagner family; Google, Twitter, Yahoo! and Microsoft in a series of defamation claims relating to search engines and social media; and over 30 media-respondents in a contempt of court prosecution brought by the DPP in relation to publicity which attended the jury verdict (since overturned on appeal) against Cardinal George Pell.
Between January 2019 and November 2020, Sandip was one of the counsel assisting the Victorian Royal Commission into the Managament of Police Informants, where he was briefed to advise and appear on questions concerning suppression orders, public interest immunity and privilege claims. In that capacity he appeared on behalf of the Commission on numerous occasions in the High Court and Victorian Court of Appeal.
Sandip also has specific expertise in relation to the Australian sports and racing industries, where he has advised or appeared for the Australian Football League and Racing Victoria Ltd in relation to commercial, regulatory and disciplinary matters. He is also an Independent Tribunal Chairperson for Tennis Australia. Notable cases include: acting for the Racing Stewards in the prosecution of jockey Danny Nikolic; acting for the AFL in the prosecution of Adelaide Football Club and others; acting for Mark 'Bomber' Thompson in the Essendon Football Club supplements prosecution; and acting for licensed horse trainers Danny O'Brien and Mark Kavanagh in the long running 'Cobalt' prosecutions.
Sandip is a member of the Common Law Bar Association and the Commercial Bar Association. He also formerly edited the Defamation chapter of The Law Handbook and is a committee member for the Victorian Bar News.
REPORTED APPEARANCES INCLUDE:
Defamation / Media
Hun v Aljazeera International (Malaysia) SDN BHD (No 2) [2023] FCA 1546 (6 December 2023) (Defamation - interlocutory costs order)
Hun v Aljazeera International (Malaysia) SDN BHD [2023] FCA 1103 (15 September 2023) (Defamation - serious harm - led by Will Houghton KC)
Bartlett v Roffey and Ors [2023] WASC 3 (16 August 2023) (Defamation - Cross-vesting - led by Matt Collins KS and with Holly Jager)
Lehrmann v Network Ten Pty Limited (Limitation Extension) [2023] FCA 385 (28 April 2023) (Defamation - extension of limitation period - led by Renee Enbom KC)
Gatto v Australian Broadcasting Corporation & Ors [2022] HCATrans 197 (11 November 2022) (Defamation - special leave application - led by Matt Collins KC)
Gatto v Australian Broadcasting Corporation [2022] VSCA 66 (13 April 2022) (Defamation - appeal - led by Matt Collins KC)
Gatto v Australian Broadcasting Corporation & Ors [2021] VSC 83 (26 February 2021) (Defamation - trial - led by Matt Collins KC)
Gatto v Australian Broadcasting Corporation & Ors (No 1) [2020] VSC 420 (10 July 2020) (Defamation - application for trial by jury - led by Matt Collins KC)
Ajaka v Nine Network Pty Ltd (No 2) [2022] NSWSC 765 (9 June 2022) (Defamation - preliminary discovery - led by Matt Collins KC)
Nine Network Australia Pty Ltd v Ajaka [2022] NSWCA 91 (9 June 2022) (Defamation - appeal - preliminary discovery - led by Matt Collins KC)
Bastiaan v Nine Entertainment Co Holdings Limited (No 2) [2022] FCA 187 (16 February 2022) (Contempt - costs)
Bastiaan v Nine Entertainment Co Holdings Limited [2022] FCA 60 (11 February 2022) (Contempt - injunction - led by Will Houghton KC)
Lanzer v Australian Broadcasting Corporation [2021] FCA 1283 (21 October 2021) (Defamation - injunction - led by Matt Collins KC)
The Queen v The Herald & Weekly Times Pty Ltd [2021] VSC 253 (4 June 2021) (Contempt of Court trial - led by Will Houghton KC and Matt Collins KC, with Morgan McLay)
The Queen v The Herald & Weekly Times Pty Ltd & Ors (Ruling No 2) [2020] VSC 800 (4 December 2020) (Contempt of Court No Case Submission - led by Will Houghton KC and Matt Collins KC, with Morgan McLay)
Wilson v Bauer Media Pty Ltd & Anor [2018] HCATrans 238 (16 November 2018) (Defamation special leave application to High Court - led by David Jackson KC)
Bauer Media Pty Ltd v Wilson (No 2) [2018] VSCA 154 (14 June 2018) (Defamation Appeal - led by Michael Wheelahan QC)
Wilson v Bauer Media [2017] VSC 521 (13 September 2017) (Defamation Trial - led by Georgina Schoff KC)
Nine Network Australia Pty Ltd & Ors v Wagner & Ors [2020] QCA 221 (13 October 2020) (Defamation appeal - led by Sandy Dawson SC)
Morris v St Vincent's Health Australia Ltd & Anor [2020] VSC 690 (21 October 2020) (Defamation - application to amend pleading - led by Will Houghton KC)
Nikolic v Nationwide News Pty Ltd [2020] VSC 98 (9 April 2020) (Defamation / Injurious Falsehood - summary judgment application)
Nikolic v Twitter & Ors [2020] VSC 101 (9 April 2020) (Defamation - summary judgment application)
Khan v The Age Company Pty Ltd & Ors [2019] VSC 839 (6 December 2019) (Defamation - application to set aside judgment)
Trkulja v Microsoft Corporation (Ruling No 2) [2019] VSC 310 (7 May 2019) (Defamation - application to amend pleading)
Ewins v State of Victoria [2019] VSC 129 (7 March 2019) (Defamation - application to strike-out pleading)
Dinh v Nine Network Australia Pty Ltd [2018] VSC 464 (15 August 2018) (Defamation - application for interlocutory injunction)
Trkulja v Microsoft [2018] VSC 399 (23 July 2018) (Defamation - summary judgment application - led by Matt Collins KC)
Moodie v Perna (Ruling No 1) [2018] VSC 158 (4 April 2018) (Defamation - release from Harman undertaking - led by Simon Wilson KC)
Barrow v Bolt & Anor [2015] VSCA 107 (21 May 2015) (Defamation Appeal - led by Matt Collins KC)
Barrow v Bolt & Anor [2014] VSC 599 (2 December 2014) (Defamation Trial - led by Matt Collins KC)
Chief Commissioner of Police v The Herald & Weekly Times [2014] VSC 156 (10 April 2014) (Breach of Confidence - interlocutory injunction - led by David Gilbertson KC)
Barrow v Bolt & Anor (Ruling No 3) [2014] VSC 16 (7 February 2014) (Defamation)
Crisp v Fairfax Media Ltd & Ors [2012] VSC 615 (19 December 2012) (Defamation - application for interlocutory injunction - led by Matt Collins KC)
Inquiries / Inquests / Administrative Law
Chairperson of the Royal Commission into the Management of Police Informants v DPP [2020] VSCA 184 (8 July 2020) (Application to vary suppression orders - led by Penelope Neskovcin KC)
AB (a pseudonym) v CD (a pseudonym); EF (a pseudonym) v CD (a pseudonym) [2019] HCA 6 (27 February 2019) (Suppression Order)
AB v CD & EF [2019] VSCA 28 (21 February 2019) (Suppression Order - led by Penelope Neskovcin KC)
Applebee v Monash CC (Review and Regulation) [2014] VCAT 257 (26 March 2014) (Statutory interpretation)
Quinn v Greater Geelong CC (Review and Regulation) [2013] VCAT 286 (14 March 2013) (Dangerous dog declaration)
Commercial / Trade Practices
REA Group Limited v Fairfax Media Limited [2017] FCA 91 (13 February 2017) (Misleading and deceptive conduct - led by Tim McEvoy QC)
TrinityP3 Pty Ltd v WIP Consulting Pty Ltd [2016] VSC 735 (2 December 2016) (Breach of contract, breach of confidence, restraint of trade)
TPI Enterprises Ltd v Poppy Growers Tasmania Inc [2014] VSC 518 (24 October 2014) (Defamation, Misleading and Deceptive Conduct - led by Matt Collins KC)
Norman South Pty Ltd & Anor v da Silva [2012] VSC 477 (18 October 2012) (Breach of Confidence Trial - led by Georgina Schoff KC)
Dewhurst v Australian Taxation Office [2012] FWA 8288 (1 October 2012) (Enterprise agreement dispute)
Common Law / Insurance
Linard v Wellington Shire Council & Anor [2018] VCC 1205 (20 August 2018) (Private nuisance - trial)
Deitrich v Pulse Pharmacy Northcote Pty Ltd [2014] VSC 307 (7 August 2014) (Medical Panel Judicial Review - led by Robin Gorton QC)
Sports Law / Disciplinary
Racing Victoria Limited v Riley [2016] VSCA 230 (21 September 2016); Riley v Racing Victoria Ltd [2015] VSC 527 (1 October 2015) (Disciplinary Appeal - led by Patrick Tehan KC)
Fidge v Councillor Conduct Panel (Review and Regulation) [2014] VCAT 1477 (2 December 2014) (Disciplinary prosecution / Constitutional Law)
Nikolic v Racing Victoria Limited (Occupational and Business Regulation) [2012] VCAT 1954 (21 December 2012) (Disciplinary prosecution - led by Philip Dunn KC)
Freedom of Information
Office of the Premier v Herald and Weekly Times [2013] VSCA 79 (12 April 2013) (Freedom of information Appeal - led by Matt Collins KC)
Macdonnell v State Sport Centres Trust (Review and Regulation) [2018] VCAT 1616 (17 October 2018) (Freedom of Information)
Suppression Orders
Re WD (No 2) [2023] VSC 790 (22 December 2023) (Suppression Order / Declaration)
Lum v Kay & Burton (Brighton) [2020] VMC 19 (27 August 2020) (Access to court documents)
DPP v Pell (Review of Suppression Order) [2018] VCC 2125 (14 December 2018)
DPP v Lawson & Ors (Ruling No. 2) [2012] VSC 469 (11 October 2012) (Suppression order)
R v Benbrika & Ors (Ruling No 32) [2008] VSC 485 (26 August 2008) (Suppression order)
R v Benbrika & Ors (Ruling No 13) [2007] VSC 543 (13 December 2007) (Suppression order)
From 03 May 2012, liability limited by a scheme approved under Professional Standards legislation.
Kateena has a BCL from Oxford University, where she studied as a Rhodes Scholar, and was associate to Justice McHugh for his final year on the High Court of Australia. Kateena was Lecturer in Corporate Law at Queen Mary, University of London. Kateena has a broad practice, with a focus on commercial litigation, public law and tax.
Kateena's cases include:
Public Law:
Class actions:
Commercial law:
Arbitrations:
Regulatory and Corporate:
Insolvency:
Criminal and Quasi-Criminal:
Environmental law:
Tax:
Royal Commissions:
From 27 Mar 2014, liability limited by a scheme approved under Professional Standards legislation.
Extensive experience as a commercial barrister primarily practising in the civil jurisdictions of the Federal, Supreme and County Courts and in appeals to the Court of Appeal and High Court of Australia. Retained to advise and appear in large and complex litigation and arbitrations concerning listed public and private companies, directors and individuals with domestic and international disputes, involving expert financial, accounting and valuation evidence. Interlocutory applications including injunctions.
From 04/06/2009, Liability limited by a scheme approved under Professional Standards Legislation.
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.
Tammy practices predominantly in estates/probates law, general commercial litigation, trade practices, common law and property law.
Since signing the Bar Roll, Tammy has appeared in the Full Federal Court, Federal Court, Court of Appeal, Supreme Court and County Court in a variety of cases.
Tammy has several years’ experience as a public speaker, was heavily involved in the Law Institute of Victoria’s Young Lawyers’ Committees as a solicitor and has since contributed to the Institute’s Journals as a barrister. Tammy captained two Australian Swimming Teams and was Oceania Champion in 2002. Tammy also spent time in the United States studying psychology and mathematics, achieving the title of Dean’s List Honouree. While in the United States, Tammy won several awards, the most notable being: the ESPN Academic All-America of the Year for Women's At-Large Sports in the College Division; Women’s Athlete and Scholar-Athlete of the Year of her University and of the State of Pennsylvania; and the Philadelphia Inquirer Academic All-Area Women’s Swimming Performer of the Year.
Tammy was a Dean’s Scholar at Deakin University, graduated from her Law Degree with Honours and from her Commerce Degree with Distinction.
Prior to signing the Bar Roll, Tammy practiced as a solicitor at Maddens Lawyers in Warrnambool and at O’Donnell Salzano Lawyers in Melbourne.
Tammy is available to appear and advise in matters arising in all areas of practice listed above, in all jurisdictions. Tammy is a qualified mediator and also available to mediate matters in all jurisdictions.
From 08/10/2009, 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.