Search Results

  • Tiernan Patrick

    Patrick maintains a broad civil litigation practice (with both trial and interlocutory experience – led and unled), focussing on:

    • Commercial Litigation;
    • Common Law Litigation (with particular experience in defending Institutional Liability List claims);
    • Sports Law, for example:
      • Anti-doping disputes;
      • Selection disputes;
      • Tribunal proceedings (including AFL Appeals Board);
      • Member protection disputes;
      • Disrepute disputes;
      • Racing disputes;
      • Contract disputes;
      • Sitting on tribunals; and
      • Various sports including: AFL; cricket; horse racing; golf; gymnastics; basketball; aikido; motorsport; badminton; kendo; ice hockey; tennis;
    • Employment/Industrial Law.

    Patrick has completed a Masters of Commercial Law at the University of Melbourne, with a focus on consumer law, insurance law, institutional liability law and sports law.

    Patrick also holds a Bachelor of Laws (Hons) and a Bachelor of Commerce from Deakin University.

    Prior to coming to the Bar, Patrick was an Associate Lawyer at T J Mulvany & Co, with predominant areas being Commercial Litigation and Common Law Litigation (namely Institutional Liability matters).

    Patrick read with Jack Tracey KC.

    Recent cases include:

    Commercial Law

    GJB Building Pty Ltd v AI&PB Property Pty Ltd [2023] VSC 782 (led by A T Strahan KC);
    GJB Building Pty Ltd v AI&PB Property Pty Ltd [2024] VSC 790 (led by A T Strahan KC)

    Coonwarra Pty Ltd v CornoNero Pty Ltd [2023] VSC 781 (led by A T Strahan KC);
    Coonwarra Pty Ltd v CornoNero Pty Ltd [2024] VSC 789 (led by A T Strahan KC)

    GJB Building Pty Ltd v AI and PB Property Pty Ltd (Ruling No 3) [2022] VSC 62 (led by A T Strahan KC in proceeding – appearance unled)

    (acting as Junior Counsel for Defendant in 49 day Supreme Court trial, defending various allegations including misleading and deceptive conduct, breach of director’s duties, breach of fiduciary duty, Barnes v Addy claims, contract claims, remedies, costs)

    Plunkett v Portier Pacific Pty Ltd (Civil Claims) [2024] VCAT 205 (unled in matter generally, led by A T Strahan KC in s 77 application) (acting for various Uber entities Respondent in defending allegations of misleading and deceptive conduct and unconscionable conduct regarding UberEats app; and s 77 application to transfer proceedings from VCAT to Supreme Court of Victoria)

    Storage Depot Pty Ltd v Brooklyn Logistics Park Pty Ltd (Building and Property) [2022] VCAT 210 (unled) (valuation determination - s37 RLA)

    Sports Law

    Charlie Cameron v AFL (AFL Appeals Board; led by L Hannon KC; acting as Junior Counsel for the AFL)

    Thornell v Cerberus Golf Club Inc (Human Rights) [2024] VCAT 20 (unled) (acting pro bono for female golfer alleging sex discrimination for not being allowed to play in the ‘men’s only’ golf competitions)

    Michael Randall v Australian Football League and Sport Integrity Australia CEO [2023] NST NST-E22-334478 (unled) (acting for the AFL in regard to anti-doping suspension appeal)

    Heath Thorpe v Gymnastics Australia [2023] NST NST-E23-173421 (unled) (acting for Applicant in selection dispute – drawing submissions and advice)



    From 22 May 2020, liability limited by a scheme approved under Professional Standards legislation.

  • Walter Nicholas

    Nicholas practises in commercial and tax law.

    He has advised and appeared in matters involving: financial services (both for ASIC and for regulated entities); directors’ duties; oppression; equity and trusts; insolvency; professional negligence; property law; and direct and indirect tax (both for the Commissioner and taxpayers).

    Before coming the Bar, he served as a Senior Adviser in the Corporate and International Tax Division at the Commonwealth Treasury.

    Earlier, he practised as a solicitor in the Dispute Resolution team at Mallesons Stephen Jaques (as it then was). Matters included: M&A disputes; property disputes; and a major construction arbitration.

    He graduated from the University of Melbourne with a Bachelor of Laws (First Class Honours), winning several prizes. He also holds a Bachelor of Science (majoring in mathematics) and a Master of Business Administration, both from the University of Melbourne. He has completed ARITA’s Insolvency Education Program.

    Nicholas read with Albert Dinelli and his senior mentor is Neil Young QC.

    Matters in which he has acted since coming to the bar include:

    Commercial law

    • ASIC v Latitude Finance Australia [2024] FCA 1433: misleading and deceptive conduct (led by Philip Crutchfield KC)
    • Pacific Current Group Ltd v Fitzpatrick & Ors [2024] FCA 1480: directors’ duties (led by Chris Caleo KC)
    • ASIC v Mercer Superannuation (Australia) Ltd [2024] FCA 850: misleading and deceptive conduct (led by Philip Crutchfield KC and Andrew Hanak KC)
    • BBHF Pty Ltd v Sleeping Duck Pty Ltd [2024] VSC 320: oppression (led by Jim Peters AM KC)
    • Aussie Broadband Ltd v Superloop Ltd [2024] FCA 312: directors' duties (led by Phil Solomon KC)
    • ASIC v Mercer Financial Advice (Australia) Pty Ltd [2023] FCA 1453: remuneration of financial advisers (led by Philip Crutchfield KC and Andrew Hanak KC)
    • Re Cleeve Group Pty Ltd [2022] VSC 342: judicial advice to trustee (led by Jim Peters AM KC)
    • DXN Ltd v Martincroft Pty Ltd (Supreme Court of Victoria): breach of contract (led by M Costello)
    • Braham v ACN 101 482 580 Pty Ltd [2020] VSCA 108; [2020] HCASL 199: misleading and deceptive conduct (led by Andrew Hanak KC)
    • Yammine v Lantrak Holdings Pty Ltd (NSD 712/2020) (Federal Court of Australia) misleading and deceptive conduct, breach of contract (led by John Karkar KC)
    • Financial Services Royal Commission: acting for major superannuation fund (led by Stewart Anderson KC and Andrew Hanak KC)
    • Traffic Technique Pty Ltd v Burgmann [2020] VSCA 319: procedural dispute; breach of confidence; breach of fiduciary duties; accessorial liability (led by A Dinelli)
    • Confidential neutral evaluation (2020) (led by the Hon Susan Crennan AC KC)
    • Expert evaluation (2019) (led by the Hon Susan Crennan AC KC)
    • Finance & Guarantee Company Pty Ltd v Auswild (2019) 59 VR 288; [2019] VSC 664: fiduciary duties and accessorial liability (led by Stewart Anderson KC and A Bailey)
    • Blue Constructions Pty Ltd v Karavias [2019] VCC 277: application for security for costs
    • Koutrigaros v Green Village Poultry Pty Ltd (Supreme Court of Victoria): oppression
    • Vicinity Funds RE Ltd v Li (Supreme Court of Victoria): construction of a lease; existence of equitable charge
    • Nick Baldi Constructions Pty Ltd v Wormington (Supreme Court of Victoria): professional negligence as to accounting and taxation advice (led by Sam Horgan KC)
    • Pacreef Investments Pty Ltd v Pacific Biotechnologies Ltd (Supreme Court of Victoria): enforcement of debt
    • 8Foods Pty Ltd v Roll'd Australia Pty Ltd (County Court of Victoria): misleading and deceptive conduct; estoppel; quantum meruit


    Tax law

    • Applications for freezing orders
    • Applications for summary judgment
    • VER Custodian Pty Ltd v Commissioner of State Revenue [2022] VSC 33: stamp duty and corporate reconstruction exemption (led by Philip Crutchfield KC)
    • Deputy Commissioner of Taxation v CPG Group Pty Ltd (Federal Court of Australia): winding up application in context of pending appeal as to tax debt
    • Confidential matters involving:
      • capital/revenue distinction;
      • R&D tax incentive;
      • taxation of trusts, including public trading trusts;
      • general anti-avoidance rule;
      • film tax offset;
      • land tax; and
      • stamp duty (including sub-sale provisions; transfers to a bare trust; and potential trust resettlements).

    Nicholas also has an advice practice, in which he provides written and oral advice on commercial, tax and private international law issues, alone or led. He has been led by various silks, including Allan Myers AC KC; Jim Peters AM KC; Jeff Gleeson KC; Philip Crutchfield KC; and Eugene Wheelahan KC.

    From 03 May 2018, liability limited by a scheme approved under Professional Standards legislation.

  • Watkins Huw

    Huw has substantial experience with international and domestic commercial disputes. His practice at the bar incorporates general corporate and commercial law, insolvency, building and construction and international/domestic arbitration matters. He appears in all jurisdictions in Australia and in domestic and international arbitrations.

    Commercial Disputes

    Huw acts in all areas of commercial law. He has recently been briefed in:

    • Shareholder, partnership and joint venture disputes.
    • Shareholder oppression and directors’ duties matters.
    • Australian Consumer Law and Franchising Code Claims.
    • Challenges to preliminary discovery in respect of foreign entities.

    Commercial Arbitration

    Huw is a fellow of ACICA and the Chartered Institute of Arbitrators. He is listed as an arbitrator across the Asia Pacific region. He teaches International Dispute Resolution at Keio University (LLM program).

    Huw is also a member of the Vicbar International Arbitration Committee and the International Committee of the Australian Bar Association. He is involved with efforts to improve the uptake and education in respect of arbitration throughout Victoria through Arbitration Victoria (a new low cost arbitration scheme).

    Huw has recently been involved in:

    • A major project-related arbitration involving the Ichthys project.
    • ACICA arbitration for the successful respondent in defending claims of frustration and force majeure related to an arbitration.frustration and force majeure related to an arbitration.
    • Acting as sole arbitrator in an expedited arbitration relating to a postacquisition dispute.

    Huw is recognised by Doyle’s Guide in 2022 and 2023 as a leading Junior Counsel in International Arbitration in Australia.

    Huw speaks fluent Japanese and often runs matters with issues relating to foreign language evidence.

  • Tesarsch John

    John has an extensive commercial practice and has conducted numerous trials, complex applications and appeals. Since 2015, he has been a Senior Fellow of Melbourne Law School, where he lectures in liability insurance law for the masters program.

    John has acted in multiple class actions and other major litigation following high-profile corporate collapses, including the Timbercorp and Cosmetic Institute class actions. His practice areas include professional liability, insurance, contractual disputes, corporations law, equity and trusts, building and construction, property, torts and personal injuries, trade practices, insolvency, banking and finance, and disciplinary hearings.

    Previously, John was a solicitor at Freehills and a special counsel at Norton Rose Australia. He is experienced in mediation and other forms of alternative dispute resolution, and is firmly committed to obtaining timely and cost-effective outcomes for clients.

    John was the inaugural author of The Taxation of Partnerships (The Laws of Australia). He has published articles on many aspects of commercial law including directors’ duties, trade practices and professional liability.

    Click here to view John's CV, including a selection of cases in which he has been involved.

    Liability limited by a scheme approved under Professional Standards Legislation.

  • Warne Stephen

    Stephen obtained his LLB from Melbourne University with honours, and in 2010 was awarded a Master of Laws from there with an H1 average across the following subjects: The Insurance Contract, Professional Indemnity Insurance, Insurance Litigation, Advanced Litigation, Proof in Litigation, Trial Advocacy, Advanced Evidence and Shareholders' Rights and Remedies.

    Before coming to the Bar, Stephen spent more than a decade in Middletons' commercial litigation department acting for clients like Qantas, AAMI and Esso, and professional indemnity insurers such as the LPLC. He has conducted commercial and insurance litigation in every Victorian Court, the Federal and High Courts, and in VCAT and the Legal Profession Tribunal, and has published and presented widely on insurance law, professional liability, practical evidence, proportionate liability, and professional ethics.

    Stephen has an expertise in relation to general insurance law on which he has published widely. He was until 2010 the editor of the Commercial Bar Association's Insurance and Professional Negligence newsletter. He also has a general commercial litigation practice.

    Since coming to the Bar, Stephen has also continued to specialise in professional-client disputes, with a particular emphasis on the law relating to lawyers, including fee disputes and the professional negligence of solicitors, barristers, environmental consultants, accountants, insurance brokers, mortgage brokers, and estate agents, typically in VCAT's Civil List and Legal Practice Lists, the County Court's and Supreme Court's Commercial Lists, and the Costs Court. Stephen also specialises in professional discipline. He regularly represents lawyers in investigations by the Legal Services Commissioner and Law Institute. He appears in professional discipline prosecutions, particularly in VCAT's Legal Practice List, as a result of which he has a keen interest in lawyers' ethics. In relation to these specialisations, Stephen publishes the Australian Professional Liability Blog.

    From 01 Jul 2008, liability limited by a scheme approved under Professional Standards legislation.

  • Watts Lachlan M. F.

    Lachlan is a Fellow of the Tax Institute of Australia and a member of LAWASIA.

    'Liability limited by a scheme approved under Professional Standards Legislation.'

  • Julia Wallace

    Julia practises broadly, with an emphasis on criminal law, regulatory and disciplinary matters, inquests and inquiries. She also accepts briefs in public law and appears in some common law matters, such as major torts.

    Prior to coming to the bar, Julia was a solicitor advocate at the North Australian Aboriginal Justice Agency, an associate to the Hon. Justice Jane Dixon in the Supreme Court of Victoria and a solicitor at Fitzroy Legal Service in a health-justice partnership with St Vincent’s Hospital.

    Julia holds a Bachelor of Arts (Media & Communications) from the University of Melbourne and a Juris Doctor from Monash University.

    Julia is reading with Amelia Beech. Her senior mentor was the Hon. Justice Elizabeth Bennett.

    Liability limited by a scheme approved under Professional Standards Legislation

  • Sarah Weinberg

    Sarah practises in commercial law and has extensive experience in complex disputes, arbitration, and litigation.

    Before joining the Bar, Sarah was a senior litigator (Special Counsel) at King & Wood Mallesons.

    She read with Jeremy Masters and her senior mentor is Christopher Archibald KC.

    Liability limited by a scheme approved under Professional Standards Legislation.

  • Wodak Tyson

    Tyson was admitted to practice in 1998 and signed the Bar Roll in 2005. He conducts a broad commercial litigation and advisory practice. A selection of matters in which Tyson has been briefed are referred to in the 'Cases' tab.

    Areas of particular interest include:

    • corporate oppression proceedings and other shareholder/director disputes;
    • disputes involving allegations of misleading or deceptive conduct;
    • disputes arising out of restraint clauses - both in sale of business contexts and in the employment context;
    • disputes arising from the intersection of intellectual property and commercial dealings. In recent years he has been briefed in numerous disputes involving allegations of the misuse of confidential information; and
    • professional indemnity claims.

    He has substantial experience in litigation involving estate agents, medical practices and non-English-speaking clients. He has recently acted in a substantial dispute involving a cryptocurrency exchange.

    Tyson is a Graduate Member of the Australian Institute of Company Directors. He holds a Masters Degree in Bioethics, a Graduate Diploma in Applied Finance & Investment and has completed the Company Directors Course.

    Outside his practice at the Bar, Tyson is:

    • President of Bialik College (an independent school with more than 1,000 students spanning creche through to year 12), a director of its associated companies, Chair of its Governance Committee and former Chair of its Risk Management Committee.
    • Chair of the Reid Malley Foundation, a Public Ancillary Fund.

    Before coming to the Bar Tyson practiced as a solicitor (with Piper Alderman Lawyers and with Phillips Fox / DLA Piper) and was an executive in the technology industry. He was co-founder of an Internet-based financial services company.

    Tyson has a strong interest in medical & scientific ethics and related issues. He spent 14 years as a member of the Ethics Committee of the Peter MacCallum Cancer Centre, retiring in December 2020.

    Cases:


    From 07 Aug 2008, liability limited by a scheme approved under Professional Standards legislation.

  • Whelen Jeremy

    Jeremy acts in commercial disputes, mainly for clients in the construction industry.

    He is also a nationally accredited mediator, and accepts half day and full day mediation engagements in all areas of commercial disputation.

    Commercial disputes

    Jeremy's commercial disputes experience encompasses contracts, insurance (Including coverage disputes), professional indemnity/negligence, corporations, insolvency, property and equity.

    Construction disputes

    Jeremy has been ranked in Doyles Guide (peer reviewed) as a Leading Construction & Infrastructure Barrister (Australia) in 2017 - 2018 and 2020 - 2024, and in the Victorian market in 2015 - 2024.

    Jeremy's construction experience includes disputes arising during project delivery (including bank guarantee injunctions, security of payment, protection works), end-of-project litigation or arbitration (including claims for money and time), and post-project disputes (often for insured professionals such as architects, engineers, building surveyors, fire engineers, project managers and superintendents) or subrogated recovery actions on instructions from insurers. Recent project settings have spanned LNG pipelines, a power station, freeways, solar and wind farms, specialised pavements (ports, distribution centre, racing car track), and commercial and residential developments (including flammable cladding cases). 


    From 01 Jul 2008, liability limited by a scheme approved under Professional Standards legislation.

  • Weinstock Aaron

    Aaron Weinstock appears and advises in commercial disputes, focusing on energy and resources, banking and finance, and insolvency.

    Before coming to the Bar, Aaron practised as a solicitor in commercial disputes at Mallesons Stephen Jaques, now part of King & Wood Mallesons.

    Aaron was educated at the Universities of Melbourne and Cambridge; at Cambridge, he came equal top of his class.

    "From 1st July 2011, liability limited by a scheme approved under Professional Standards Legislation."

  • Alice Wharldall

    Alice practises primarily in commercial and public law, including constitutional and judicial review matters. She also accepts briefs in common law, employment and industrial relations matters.

    Before coming to the Bar, Alice practised as a solicitor in both public law and commercial litigation. Most recently, she was Principal Solicitor in the Constitution and Advice team at the Victorian Government Solicitor’s Office, where she conducted complex litigation in the High Court, State courts and the Federal Court. Alice also advised on issues of administrative decision-making, constitutional law and statutory interpretation.

    Prior to joining the VGSO, Alice was a lawyer in insolvency and commercial litigation at Allens, and Associate to the Hon. Justice Davies in the Federal Court.

    Alice holds a Bachelor of Laws (Hons, 1st Class) and Bachelor of Arts (French) from the University of Adelaide. She was awarded multiple academic prizes, including for the highest average mark in all compulsory and elective subjects in the Bachelor of Laws.

    Alice read with Frances Gordon KC. Her senior mentor is Philip Solomon KC. Her CV can be found here.

    Liability limited by a scheme approved under Professional Standards Legislation.

  • Stephanie Young

    Stephanie has a diverse practice with a particular focus on insurance law, common law, personal injuries and public law. Stephanie is reading with Justin Hooper and her senior mentor is Jeremy Ruskin KC.

    Prior to joining the Victorian Bar, Stephanie was a Senior Associate at Barry Nilsson where she built upon her extensive knowledge in the area of professional indemnity claims in addition to managing a number of public liability and institutional abuse claims. Prior to this, Stephanie was a Managing Principal Solicitor with the Victorian Government Solicitor’s Office (VGSO), where she developed a general and diverse litigation practice for a range of government clients and emanations of the State. Her portfolio spanned torts and breach of statute, general public law litigation, judicial review proceedings, and reviews pursuant to the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.

    Before joining the VGSO, Stephanie spent five years at specialist insurance litigation firms, where she built her practice in professional indemnity, management liability claims and subrogated recoveries. Stephanie was admitted as a lawyer in the State of New York in 2009 and worked in a small reinsurance law firm for a number of years before moving to Melbourne in 2011.

    Liability limited by a scheme approved under Professional Standards legislation.

  • Daniel Wright-Neville

    Daniel practises in commercial and public law, with a particular focus on building and construction, environment, land and property disputes. He also accepts briefs in industrial and employment law.

    Before coming to the Bar, Daniel practised in commercial litigation and public law at Minter Ellison and Baker McKenzie. He acted for private, government and overseas clients in a range of complex disputes, including planning challenges and nuisance proceedings involving major projects, construction disputes, class actions, high-profile public inquiries and regulatory prosecutions. He was also an Associate to the Honourable Justice Digby, when his Honour was the Judge-in-Charge of the Technology, Engineering and Construction List at the Supreme Court of Victoria. He holds a Juris Doctor and Bachelor of Arts from the University of Melbourne.

    Daniel is reading with Georgie Coleman and his senior mentor is Meg O’Sullivan KC.

    Liability limited by a scheme approved under Professional Standards Legislation

  • Szydzik Melanie

    Melanie practices in commercial, tort and consumer law in the Federal and State courts. She has particular experience in class actions.

    Melanie is the Chair of the Class Actions Committee of the Commercial Bar Association.

    Before commencing in law, Melanie worked as a scientific researcher, predominantly in synthetic organic chemistry.

    Class actions

    Clarke v JB Hi-Fi Group Pty Ltd – Supreme Court of Victoria, consumer class action

    Bergman v Sportsbet Pty Ltd – Supreme Court of Victoria, consumer class action

    Krakouer v AFL – Supreme Court of Victoria, racial vilification class action

    Thomas & anor v The A2 Milk Company Limited – Supreme Court of Victoria, securities class action

    Tham v Australian Capital Territory [2024] FCA 1508 – Federal Court of Australia, employment class action, settlement approval hearing

    Laricchia v Wisetech Global Limited – Supreme Court of Victoria, securities class action

    Gawler v Fleetpartners Group Ltd – Supreme Court of Victoria, securities class action

    Stallard & anor v Treasury Wine Estates Limited – Supreme Court of Victoria, securities class action

    Huang v Star Entertainment Group Ltd – Supreme Court of Victoria, securities class action

    • [2023] VSC 561 – multiplicity and group costs order

    Lay v Nuix Ltd; Batchelor v Nuix Ltd; Bahtiyar v Nuix Ltd - Supreme Court of Victoria, securities class action, led by Simon Marks KC

    • (2022) ACSR 27; [2022] VSC 479 – multiplicity and group costs order

    Bogan v Estate of Peter John Smedley – Supreme Court of Victoria, securities class action

    • [2023] VSC 105 – security for costs

    Crawford v ANZ & ors – Supreme Court of Victoria, unfair conduct claim, led by Michael Rush KC

    • [2022] FCA 657 – bankrupt lead plaintiff, application for extension of time
    • [2021] VSC 573 – group costs order
    • [2021] VSC 578 – discovery

    McNickle v Huntsman Chemical Company Australia Pty Ltd & ors – Federal Court of Australia, negligence class action concerning Roundup

    • [2024] FCA 1353 – settlement approval hearing
    • [2024] FCA 807 – trial limited to general causation
    • [2023] FCA 1268 – expert opinion evidence
    • [2023] FCA 1216 – case management re closing submissions
    • [2023] FCA 662 – initial trial common questions
    • [2022] FCA 1596 – expert evidence
    • [2022] FCA 1596 – admissibility of expert evidence
    • [2022] FCA 133 – adjournment of trial
    • [2021] FCA 780 – appointment of assessors
    • [2021] FCA 370 – expert evidence

    Shimshon v MLC Nominees Pty Limited & anor – Supreme Court of Victoria, superannuation class action, led by Nicholas Owens SC and with Dr Shipra Chordia

    • [2022] VSCA 18 – costs
    • (2021) 402 ALR 724; [2021] VSCA 363 – appeal re preliminary question
    • [2020] VSC 640 – determination of preliminary question

    Andrianakis v Uber Technologies Inc & ors and Salem v Uber Technologies Inc & ors – Supreme Court of Victoria, conspiracy by unlawful means

    • [2024] VSC 733 – settlement approval hearing
    • [2024] VSC 436 – unregistered group members
    • [2023] VSC 366 – privilege
    • [2023] VSC 56 – strike out application
    • [2022] VSC 643 – privilege appeal
    • [2022] VSC 196 – privilege, including misconduct exception
    • [2021] VSC 744 – sample group members
    • [2020] VSC 885 – strike out application
    • (2020) 61 VR 580; [2020] VSCA 186 – appeal of strike out decision
    • [2020] VSC 152 – amendment to group definition
    • [2019] VSC 850 – strike out application

    Turner v Bayer Australia Ltd & ors, product liability class action, led by Fiona Forsyth KC

    • [2021] VSC 241 – approval of discontinuance and withdrawal of part of the proceeding

    ACN 117 641 004 Pty Ltd v S&P Global Inc – Federal Court of Australia, acted for the second applicant in a dispute concerning whether the proceeding ought to be stayed

    Sister Marie Brigid Arthur (Litigation Representative) v Northern Territory of Australia, settled, administrative law class action, led by Dan Star KC

    • [2020] FCA 215 – settlement approval application
    • [2019] FCA 859 – dispensation with notice requirements

    Court v Spotless Group Holdings Limited – Federal Court of Australia, settled, securities class action, led by Peter Collinson KC

    • [2020] FCA 1730 – settlement approval application

    Fernbrook (Aust) Investments Pty Ltd v AMP Limited – Federal Court of Australia, securities class action, led by Richard Attiwill QC (now the Honourable Justice Attiwill)

    Fletcher v Lendlease Corporation Limited & anor – Supreme Court of New South Wales, securities class action

    Caason Investments Pty Ltd v Simon Xiao Fan Cao – Federal Court of Australia, acted for applicant in dispute with funder

    Bywater v Appco Group Australia Pty Ltd – Federal Court of Australia, settled, employment class action, led by Kristine Hanscombe KC

    Money Max Int Pty Limited v QBE Insurance Group Limited – Federal Court of Australia, settled, securities class action, led by Bernie Quinn KC

    • [2018] FCA 2101 – costs
    • (2018) 358 ALR 382 – settlement approval application

    Manus Island Class Action – Kamasaee v Commonwealth & ors

    • [2018] VSC 138 – settlement distribution scheme
    • [2017] VSC 537 – settlement approval application, led by Fiona Forsyth (now KC)
    • [2017] VSCA 121 – scope of issues to be determined in class action trial, led by David Curtain KC and Fiona Forsyth
    • Ruling No 9 [2017] VSC 171 – live streaming of evidence to group members, led by David Curtain KC
    • Ruling No 8 [2017] VSC 167 – class closure in a group proceeding, led by David Curtain KC and Fiona Forsyth
    • Ruling No 7 [2016] VSC 770 – public interest immunity: foreign relations and Australian Red Cross documents
    • Ruling No 6 [2016] VSC 605 – public interest immunity: foreign relations and International Committee of the Red Cross documents
    • Ruling No 5 [2016] VSC 595 – public interest immunity: cabinet documents, led by Bret Walker SC
    • Ruling No 4 [2016] VSC 492 – public interest immunity; sample foreign relations claims, led by Bret Walker SC
    • Ruling No 3 [2016] VSC 438 – public interest immunity; cross examination in relation to cabinet documents, led by Bret Walker SC
    • Ruling No 2 [2016] VSC 404 – client legal privilege

    Murrindindi Black Saturday Bushfire Class Action – Rowe v AusNet Electricity Services Pty Ltd & ors

    • [2015] VSC 232 – settlement approval application, led by Fiona McLeod SC & Richard Attiwill KC
    • [2014] VSC 553 – expert conclaves
    • [2014] VSC 474 – appeal, client legal privilege, led by Fiona Forsyth

    Kilmore Black Saturday Bushfire Class Action – Matthews v AusNet Electricity Services Pty Ltd & ors

    • [2014] VSC 663 – settlement approval application, led by Robert Richter KC and Lachlan Armstrong (now KC)
    • Ruling No 32 [2013] VSC 630 – role of assessors, led by Andrew Keogh SC (now the Honourable Justice Keogh)
    • Ruling No 31 [2013] VSC 575 – application made pursuant to s 138 of the Evidence Act 2008 (Vic) to exclude evidence obtained improperly, led by Andrew Keogh SC
    • Ruling No 19 [2013] VSC 180 – appointment of assessors, led by Andrew Keogh SC
    • Ruling No 10 [2012] VSC 379 – expert conclaves, led by Tim Tobin SC and Lachlan Armstrong
    • Ruling No 9 [2012] VSC 340 – expert evidence, led by Tim Tobin SC and Lachlan Armstrong
    • Ruling No 6 [2013] VSC 422 – client legal privilege, led by Andrew Keogh SC
    • Ruling No 3 [2013] VSC 116 – obligations under the Civil Procedure Act 2010 (Vic) and client legal privilege, led by Andrew Keogh SC
    • Ruling No 1 [2011] VSC 167 – application to regularise the proceeding when issued without authority of the representative Plaintiff, led by Robert Richter KC and Michael Lee (now the Honourable Justice Lee)

    Earglow Pty Ltd v Sigma Pharmaceuticals Ltd – Federal Court of Australia, securities class action (settled), led by Julian Burnside KC and Lachlan Armstrong

    Commercial and Consumer Law

    Alcoa of Australia Limited & ors v AusNet Transmission Group Pty Ltd & anor – Supreme Court of Victoria

    Gold Coast Marine Aquaculture Pty Ltd v Aqua Star Pty Ltd & ors – Federal Court of Australia, led by David Collins KC

    Riley v Riley – Supreme Court of Victoria, settled, partnership dispute

    Cargill Australia Ltd v Viterra Malt Pty Ltd – Supreme Court of Victoria, sale of business, led by Richard Attiwill KC; Court of Appeal [2023] VSCA 304 – application for leave to appeal indemnity costs order

    Riviera Farms Pty Ltd v Accensi Pty Ltd – Supreme Court of Victoria, settled, contaminated herbicides, led by David Collins KC

    IOOF Holdings Limited v Maurice Blackburn Pty Limited – Supreme Court of Victoria, settled, confidentiality in whistleblower documents, led by Richard Attiwill KC and Fiona Forsyth

    Other

    Chief Commissioner of Police v Paterson [2023] VSC 172 – firearm prohibition

    Inquiries

    Hazelwood Mine Fire Inquiry 2015 – Investigation into increased incidence of deaths (report available at http://hazelwoodinquiry.vic.gov.au/201516-report/volume-ii-investigations-into-2009-2014-deaths)

    Own Motion Inquiry of the Office of the Racing Integrity Commissioner – Investigation into Laming, Potgieter and Zeyaur Rahman (public summary of the report available at https://racingintegrity.vic.gov.au/__data/assets/pdf_file/0018/164151/Public-Summary-Report-Own-Motion-June-2021.pdf)


    Liability limited by a scheme approved under Professional Standards legislation.

  • Tehan Myles

    Myles practises mainly in commercial law, with particular experience in contract, equity, class actions, trade practices, competition, corporations, insurance, professional negligence, telecommunications and technology matters. Myles also has experience in matters involving sports law and defamation.

    Before coming to the Bar, Myles spent over 7 years as a solicitor and then senior associate in the Dispute Resolution group at King & Wood Mallesons, working on a broad range of commercial disputes.

    Prior to undertaking his Articles, Myles spent a year as an Aide to two Governors of Victoria – John Landy AC MBE and Professor David de Kretser AC.

    Myles is a member of the Bar’s Audit, Finance and Risk Committee.

    Some representative matters include:

    • Purchase of business; breach of warranty; misleading conduct: Transonic v Tilakee [2024] VSC 86; [2021] VSC 413 (led by Jack Rush KC and Nick De Young KC, instructed by MinterEllison).
    • Class actions; superannuation: Janssen v OnePath Custodians, Federal Court of Australia [2024] FCA 497 (ongoing) (led by Philip Crutchfield KC and Nick De Young KC, instructed by King & Wood Mallesons).
    • Professional negligence: Pearce v Waller Legal Pty Ltd [2024] VSC 779 (ongoing) (led by Philip Solomon KC, instructed by Lander & Rogers).
    • Defamation: Hun v Aljazeera International (Malaysia) SDN BHD [2023] FCA 1546; [2023] FCA 1103 (led by Renée Enbom KC, instructed by Thomson Geer).
    • Misleading or deceptive conduct: Lanhai Pty Ltd v 7-Eleven Stores Pty Ltd [2023] VSCA 45; [2022] VSC 132; [2021] VSC 587 (led by Philip Solomon KC, instructed by Norton Rose Fulbright Australia).
    • Data/privacy: acting in relation to a number of regulatory investigations into cyber breaches.
    • Wills; estoppel: Re Connock [2023] VSC 488; [2023] VSC 420; [2021] VSC 122; [2021] VSC 64 (unled, instructed by Hall & Wilcox).
    • Contract; misleading or deceptive conduct; restraint of trade: Reid (and ors) v Slade (and ors), Supreme Courts of Victoria and NSW (ongoing) (led by Sam Rosewarne KC, instructed by McCullough Robertson).
    • Royal Commissions: Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (2023, led by Renée Enbom KC, instructed by Ashurst); Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (2018, unled).
    • Fraud; equitable duties; contract: Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd [2023] FCA 462; [2022] FCA 1404; [2022] FCA 254 (unled, instructed by McClusky’s Lawyers).
    • Legal professional privilege: Quebani Pty Ltd v McDonald’s Australia Limited (Appeal) [2023] VSC 439 (led by Rob Craig KC, instructed by Norton Rose Fulbright Australia).
    • Telecommunications; contract; misleading conduct: Business Service Brokers Pty Ltd v Optus Mobile Pty Ltd [2022] VSC 774; [2022] VSC 283; [2021] VSC 547; [2021] VSC 310 (led by Gina Schoff KC, instructed by Danaher Moulton).
    • ASIC regulatory proceeding; misleading conduct; penalties: Australian Securities and Investments Commission v Allianz Australia Insurance Limited [2021] FCA 1062 (led by Suresh Senathirajah KC, instructed by ASIC).
    • Banking; unconscionable mortgage terms: First Mortgage Capital Pty Ltd v Westpac Banking Corporation Ltd [2021] NSWSC 1143 (unled, instructed by Diamonds Solicitors).
    • Employee restraint of trade: Liberty Financial Pty Ltd v Jugovic [2021] FCA 607 (unled, instructed by Herbert Smith Freehills).
    • Competition; administrative review: Application by Flexigroup Limited (No 2) [2020] ACompT 2 (unled, instructed by ASIC).
    • Oppression; corporations: Pacific Dairies Limited v Orican Pty Ltd & Ors [2019] VSC 647 (unled, instructed by DLA Piper).
    • Trusts; equitable duties: Alston v Cormack Foundation Pty Ltd [2018] FCA 895 (led by Allan Myers KC and Ian Hardingham KC, instructed by Frenkel Partners).
    • Contractual interpretation; intellectual property: Apple & Pear Australia Ltd v Pink Lady America LLC [2017] HCASL 83; [2016] VSCA 280; [2015] HCATrans 348; [2015] HCATrans 349; [2015] VSC 617 (led by Rodney Garratt KC, instructed by Hall & Wilcox).
    • Competition; compliance review: Acting as a Compliance Reviewer in respect of orders made by the Federal Court concerning a competition law compliance program (unled, instructed by King & Wood Mallesons).
    • Sports law: acting for a party in the AFL Inquiry into allegations of racism at the Hawthorn Football Club and associated Australian Human Rights Commission complaint (led by Justin Graham KC, instructed by Frenkel Partners); counsel assisting the AFL Tribunal in the Essendon supplements matter; counsel for various players in the AFL Tribunal, AFLW Tribunal and VFL Tribunal; acted as Tribunal and Appeal Board member for various sports.


    From 23 Oct 2014, liability limited by a scheme approved under Professional Standards legislation

  • Crutchfield Philip

    Philip holds Commerce and Honours Law Degrees from the University of Melbourne and a Master of Laws from the London School of Economics and Political Science. 

    He did articles at Mallesons Stephen Jaques in 1987 and was admitted to the partnership on 1 January 1996. He signed the Bar Roll in November 1998 and took silk in 2009.

    Philip is a former Senior Fellow in the Law Faculty of the University of Melbourne, a member of the University of Melbourne Law School Foundation Board, a member of the University of Melbourne Humanities Foundation Board, a Fellow of the Australian Academy of Law, a board member of the Victorian Bar Foundation and a former President of the Commercial Bar Association of Victoria.

    He was a reporter for the Commonwealth Law Reports and the author of a text book, Corporate Voluntary Administration Law, now known as Crutchfield’s Voluntary Administration.

    Outside of the law, Philip is a public company director and the Chair of the Bell Shakespeare Theatre Company.


    From 01/07/2008, Liability limited by a scheme approved under Professional Standards Legislation.

  • Collingwood Nicola

    Nicola was an Associate at Maddocks before coming to the Bar where she practised extensively in the local government, planning and environment field.

    As a solicitor, Nicola regularly appeared at VCAT in relation to merits appeals, declaration applications, and enforcement order and contempt proceedings.

    Nicola also had the carriage of appeals from VCAT to the Trial Division of the Supreme Court and the Court of Appeal in relation to questions of law arising from planning matters.In 2007, Nicola was seconded to the Department of Sustainability and Environment to prosecute summary and indictable wildlife, forestry, and environmental offences and matters on behalf of Heritage Victoria and in her final year at Maddocks Nicola was seconded to Yarra City Council as in-house counsel.

    On her admission, Nicola worked for the Office of the Director of Public Prosecutions (Qld) and in the Advocacy Unit at Crown Law. Nicola also gained commercial litigation experience at a specialist property and litigation firm before joining Maddocks in 2005.

    Nicola currently practises in the local government, planning and environment field. She also appears in liquor licensing matters and at the Victorian Commission for Gambling Regulation.

    Nicola lectures in health and environment law at Swinburne University and teaches statutory planning at RMIT.

    Liability limited by a scheme approved under Professional Standards legislation.

    Nicola is currently acting as junior counsel for Volunteer Fire Brigades Victoria, the CFA volunteer firefighters representative association, in the 2009 Victorian Bushfires Royal Commission.

  • Cherry Sarah

    Sarah's practice has a particular focus on professional negligence, disciplinary matters and costs disputes.

    She is also regularly briefed in general commercial matters and particularly insurance disputes.

    She also appears in guardianship, administration and Part IV proceedings.

    Sarah appears in interlocutory applications, trials (in Melbourne, regional Victoria and interstate) and on appeals, as well as in mediations. She is regularly briefed to advise in costs disputes, potential disciplinary proceedings and general commercial matters. Her advice is practical and solution-focussed.

    Before coming to the bar in 2005, Sarah was a solicitor for 9 years in Australia and the UK. She was the inaugural head of the Ethics Department at the Law Institute of Victoria and has lectured regularly on professional standards issues.

    She is a former member of the panel of examiners for Monash University, an occasional tutor at the Leo Cussen institute, and a regular speaker by invitation at law practices and conferences.

    Recent decisions include -

    Costs disputes and appeals arising from costs proceedings

    Russels v McCardel [2014] VSC 287 (instructed by the Australian Legal Costing Group before Bell J), successfully defending an appeal from the Costs Court involving provisions of the Electronic Transactions (Victoria) Act 2000 and Part 3.4 Legal Profession Act 2004.

    GLS v Goodman Group Pty Ltd (2015) VSC 627 (instructed by Debra Paver Costs Lawyer before Macaulay J), successfully defending an appeal from the Costs Court involving complex arguments on the law of accord and satisfaction in the context of legal costs under the Victorian statutory regime and the right to review under Division 7 Legal Profession Act 2004.

    Eagle Lawyers v Career Education Consultants Australia Pty Ltd & Anor [2013] VCC 1263 (before Anderson J), successfully obtaining judgment against the first defendant in an action for recovery of legal costs and a dispute as to the basis of charging.

    Numerous costs disputes in VCAT, the Magistrates’ Court and the Supreme Court.

    Disciplinary hearings and appeals

    Tuferu v Legal Services Commissioner [2013] VSC 645 (instructed by the Office of the LSC before Zammit AsJ), successfully defending a judicial review and appeal as to sanction following findings of professional misconduct.

    Numerous disciplinary proceedings since 2009. See most recently for example LSC v Rhoden (Legal Practice) [2015] VCAT 1546, LSC v Tuferu (Legal Practice) [2013] VCAT 1438, LSC v Khan (Legal Practice) [2013] VCAT 651.

    General commercial

    Cross Country Realty Victoria Pty Ltd & Anor v Ubertas 350 William Street Pty Ltd [2015] VCC 1012 (with T North SC instructed by Brand Partners before Lacava J), successfully striking out the plaintiffs’ claim and obtaining summary judgment on a counterclaim relating to payment and retention of commission in breach of mandatory disclosure obligations under the Estate Agents Act 1980, and opposing a subsequent successful application for leave to appeal with D Collins SC.

    Solari v CGY Insurance Ltd (No.1) [2015] VCC 207 (before Misso J), considering the construction of contractual terms in a claim against a deemed manufacturer and brought directly against the insurer pursuant to s601AG Corporations Act 2001.

    Probate, administration and Part IV

    Matthews v Matthews [2009] VSC 308 (Osborn J) - successfully applying to remove an executor on grounds of serious misconduct.

    Re will and estate of Angelo Marotta (dec’d) [2011] VSC 324 (Zammit AsJ) - successfully defending a claim for summary dismissal under Part 4.4 of the Civil Procedure Act 2010; the implications of “no real prospect of success” in the context of a Part IV claim.

    From 19th July 2012, liability limited by a scheme approved under Professional Standards legislation.

  • Chadwick Wong

    Chadwick practises primarily in public law, commercial and regulatory law, and white-collar crime. He has particular interest in corporate misconduct, class actions, international law and human rights.

    Before coming to the Bar, Chadwick had a broad career spanning the public, private and not-for-profit sectors. He was most recently General Counsel at Grata Fund, a public interest litigation funder, working on cases involving climate litigation, gender discrimination and First Nations rights. Previous roles have included Acting Principal Solicitor and Senior Solicitor at the Public Interest Advocacy Centre specialising in strategic litigation, Associate at Allens working on regulatory investigations and disputes, and Adviser at the Department of the Prime Minister and Cabinet, advising on public law and policy, including in national security.

    Chadwick was also Associate to the Hon Justice Mortimer, now Chief Justice of the Federal Court.

    Chadwick holds a Bachelor of Laws (First Class Honours) and a Bachelor of Arts in Government and International Relations from the University of Sydney. He also has a Master of Laws specialising in International Law (with Distinction) from the Australian National University

    Chadwick read with Fiona Batten. His senior mentor is Neil Clelland KC.

    His recent cases include:

    Public and regulatory

    • Active Sports Management Pty Ltd v Industry Innovation and Science Australia (judicial review of taxation decision, led by Stephen Lloyd SC and Fiona Batten)
    • GRP18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FedCFamC2G 927 (unled)
    • JSWC and Minister for Immigration, Citizenship and Multicultural Affairs (Migration) [2024] AATA 2 (unled)
    • EWO18 and Minister for Immigration, Citizenship and Multicultural Affairs (unled, Minister conceded)
    • Dzajkovska and National Disability Insurance Agency [2023] AATA 3952 (unled)
    • Advice work relating to the listing of private health insurance benefits as well as numerous statutory interpretation and migration advices

    Class actions

    • Yong v Westpac Banking Corporation (shareholder class action, led by Wendy Harris KC, with Leana Papaelia, Dion Fahey, Tom Rawlinson)
    • Janssen v OnePath Custodian Pty Ltd & Ors (superannuation class action, led by Kristine Hanscombe KC, with Alexandra Folie, Tim Farhall, James Page, Michela Agnoletti)

    Crime

    • CDPP v Bowen (insider trading, led by Neil Clelland KC and Ruth Shann SC, with Felicity Fox)
    • Various bails, committals, pleas and appeals for the OPP and defence


    Liability limited by a scheme approved under Professional Standards legislation.



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