Anthony Strahan KC is an experienced trial and appellate advocate and has been leading counsel in numerous complex trials and appeals. He works predominately in corporate and commercial law, insolvency, class actions, insurance, banking and finance, fraud, equity and property. He has a significant practice related to professional services, as well as extensive experience in defamation and media law. He has appeared in public law and judicial review cases, domestic and international arbitrations and in significant tort claims. He also acts for parties in connection with Royal Commissions and inquiries.
Anthony has experience with the telecommunications, banking and finance, insurance, media, oil & gas and pharmaceutical industries, among others. He frequently acts in disputes arising out of property developments and in investigations and proceedings brought by regulatory authorities. He appears in disciplinary proceedings (both professional and sport related). He has also prosecuted or defended numerous applications for injunction, stay, anti-suit injunction, freezing orders and Anton Piller orders. He also has experience with issues related to Aboriginal cultural heritage.
Anthony has completed the Victorian Bar's Lawyers' Mediation Certificate course and accepts appointments as mediator for significant disputes.
From 2001 to 2003 he was an associate with Freshfields Bruckhaus Deringer in London. Prior to that he worked for Minter Ellison in Melbourne. He is a member of Chartered Institute of Arbitrators (MCIArb). He is currently Chair of the Bar's Readers' Course Committee, which is responsible for training the next generation of barristers in Victoria.
For further information about his availability, fee rates and other information, please contact his clerk on 9225 7999 or by email to dever@vicbar.com.au.
From 06/11/2008, Liability limited by a scheme approved under Professional Standards Legislation.
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.
David has a broad Commercial practice involving both Trial and Appellate work. David's practice involves him appearing and advising in many aspects of the law. He provides a methodical and personal approach in assisting clients in reducing the impact of litigation by managing the matter in a positive and practical way.
From 16/07/2009, 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.
Paul was admitted to practice in 1985, coming to the Victorian Bar in 1987. Paul practised in a broad range of commercial litigation until he was appointed as a Justice of the Federal Court of Australia on 2 February 2019. He practised in fields that included insolvency, managed investment schemes, ASIC and ACCC investigations, Royal Commissions, professional negligence, product liability, securities class actions and other class actions, banking, equity, companies' regulation and intra company disputes such as oppression claims and cognate partnership and joint venture disputes, as well as many other subject- matter jurisdictions.
During his time at the Bar, Paul was a director of Barrister’s Chambers Limited for many years and Chairman of that Company, and was a member of the Bar Council in the Senior Category and President of the Victorian Bar.
Paul took silk in 2002 and thereafter appeared as leading counsel in many large and complex trials, including several large class actions, as well as appeals in the Federal Court and Supreme Court of Victoria. Paul is a very experienced advocate with extensive experience leading and cross-examining witnesses, including in relation to complex expert evidence. The last matter he appeared in prior to his appointment to the Federal Court was Cargill v Glencore. In Cargill, Paul led a team of juniors together with Lisa Nichols QC, now Justice Nichols of the Supreme Court of Victoria.
Paul approaches his cases with an astute appreciation of forensic, evidentiary, and legal issues.
Paul retired from the Federal Court on 29 April and has returned to the Bar. He is now looking for new challenges as an advocate, arbitrator, or mediator. He has extensive experience as a mediator and has acted as arbitrator in several matters.
As a mediator, Paul has a proven track record of assisting parties to resolve their disputes by focusing on the real issues likely to be dispositive of the matter if it were run to judgment. He is also experienced with ‘Early Neutral Evaluations’ and referrals to experts or referees. In relation to litigation generally Paul is concerned to find solutions to problems and disputes which focus on the real interests of the parties and cost-effective resolutions, by compromise, or by judicial or arbitral determinations. Paul’s experience as a trial judge and appellate judge has deepened his expertise in finding ways to resolve complex disputes and, if necessary, determining the disputes by curial or arbitral processes.
Liability limited by a scheme approved under Professional Standards legislation.
The Hon Jennifer Davies KC is a retired judge of the Federal Court of Australia and during her time on the bench was the national co-ordinating judge of the Taxation National Practice Area. Prior to her appointment to the Federal Court she was a judge of the Supreme Court of Victoria, sitting in the Commercial Court division and before then, a member of the Bar from May 1983. She took silk in 2004.
She is an Honorary Principal Fellow at the University of Melbourne lecturing in postgraduate courses and on the Melbourne University Tax Advisory board. She is also on the board of the International Association of Tax Judges and is a member of the Australian Academy of Law, the International Academy of Estate and Trust Law and the International Fiscal Association, and a Fellow of the Taxation Institute of Australia.
For 30 years, Richard has conducted a national practice as a workplace relations lawyer, having acted for most of the significant employers in Australia across all industries, including coal and metalliferous mining, offshore oil and gas, airlines, stevedoring, transport and logistics, building and construction, power generation, telecommunications and manufacturing. Richard has also acted extensively for government and public sector employers, as well as regulators.
Richard has extensive experience as a trial and appellate advocate in federal and state courts and tribunals in the full range of industrial and employment matters.
Recent cases include:
Murdock v Virgin Australia Airlines Pty Ltd (No 2) [2023] FCA 569 (5 June 2023)
Megan Willoughby v Jetstar Airways Pty Ltd [2023] FWC 899 (17 April 2023)
Qube Ports Pty Ltd [2023] FWC 508 (1 March 2023)
Fortrend Securities Pty Ltd v Wollermann [2023] FCA 70 (9 February 2023)
Application by Maurice Alexander Management Pty Ltd [2022] FWC 3236 (19 December 2022)
CBRE (C) Pty Ltd v Daniel Thomas & Ors [2022] VSC 636 (24 October 2022)
State of Victoria, Victoria Police v Milka Bateson [2022] FWC 2655 (4 October 2022)
Murdock v Virgin Australia Airlines Pty Ltd [2022] FCA 1074 (9 September 2022)
Annunziata Cinque v Jetstar Airways Pty Ltd [2022] FWC 2235 (24 August 2022)
Transport Workers' Union of Australia v Qantas Airways Limited (No 5) [2022] FCA 782 (1 June 2022)
Stuart Tween v Qantas Airways Ltd [2022] FWC 1594 (22 June 2022)
Transport Workers' Union of Australia v Qantas Airways Limited (No 4) [2021] FCA 1602
Flight Attendants' Association of Australia [2021] FWC 6537 (7 December 2021)
Transport Workers' Union of Australia v Qantas Airways Limited (No 3) [2021] FCA 1339
Civil Air Operations Officers' Association of Australia v Airservices Australia [2021] FCA 1030
Transport Workers' Union of Australia v Qantas Airways Limited [2021] FCA 873 (30 July 2021)
Sabapathy v Jetstar Airways (No 2) [2021] FCAFC 68
Summers v Qantas Airways Limited [2021] FCA 391 (21 April 2021)
Sabapathy v Jetstar Airways [2021] FCAFC 25 (4 March 2021)
Lyon v Jetstar Airways Pty Ltd [2021] FWCFB 960 (23 February 2021)
Lion - Beer Spirits & Wine Pty Ltd v United Workers' Union [2020] FWC 6617 (8 December 2020)
Fair Work Ombudsman v United Petroleum Pty Ltd [2020] FCA 590 (7 May 2020)
Shahin Enterprises Pty Ltd v Mathew [2020] FCAFC 57 (31 March 2020)
Australian Workers' Union, The [2020] FWC 1012 (25 February 2020)
Dasame Developments Pty Ltd & Ors v Pakenham Racing Club Inc [2019] VSC 816 (11 December 2019)
Civil Air Operations Officers’ Association of Australia v Airservices Australia [2019] FCA 1542
Fair Work Ombudsman v A&S Wholesale Fruit & Vegetables Pty Ltd [2019] FCCA 1838
Fair Work Ombudsman v Hu (2019) 289 IR 240
Australian Building and Construction Commissioner v Powell (No 2) [2019] FCA 972
Treasury Wine Estates Vintners Limited v Pearson (2019) 268 FCR 12
Chi Nguyen v KDR Victoria Pty. Ltd. T/A Yarra Trams [2019] FWC 685 (6 February 2019)
Catherine Thomas v KDR Victoria Pty Ltd t/a Yarra Trams [2018] FWC 2698
Application by the Construction, Forestry, Maritime, Mining and Energy Union for a right of entry permit to be issued to Mr Michael Kenneth Robinson [2018] FWC 1777 (12 April 2018)United Firefighters’ Union of Australia v Metropolitan Fire and Emergency Services Board T/A MFB; and Country Fire Authority[2018] FWC 4920
BGC Contracting Pty Ltd [2018] FWC 1466 (12 June 2018)
Fair Work Ombudsman v Hu (No 2) [2018] FCA 1034 (12 July 2018)
Pilbara Iron Company (Services) Pty Ltd t/a Rio Tinto Iron Ore v Michael Ballam [2018] FWCFB 1747
Kaseries v Rasier Pacific VOF [2017] FWC 6610 (21 December 2017)
Pearson v Treasury Wines Estates [2017] SAET 182 (21 December 2017)
Construction, Forestry, Mining and Energy Union v CSRP Pty Ltd [2017] FWCFB 2101 (19 April 2017); (2017) 270 IR 1
Maritime Union of Australia v MMA Offshore Logistics Pty Ltd [2017] FWCFB 660 (1 February 2017); (2017) 263 IR 81
Hutchings v Coles Group Supply Chain Pty Ltd [2017] FWCFB 50 (11 January 2017)
United Voice v MSS Security Pty Ltd [2016] FCAFC 124 (23 August 2016)
Articles and papers include:
"Judicial Review of Decisions of the Fair Work Commission", Paper delivered at the Victorian Bar CPD seminar on 25 July 2019.
"Protected industrial action and terminating or suspending industrial action", Paper delivered at Law Institute of Victoria Workplace Law Group Annual Conference at Oaks on Market on 9 November 2012.
"Dealing with OHS representatives and OHS right of entry", Paper delivered at Legalwise Workplace Law Seminar at RACV Club Melbourne on 7 March 2012.
"Civil Penalty Proceedings under the Fair Work Act 2009 and the Building and Construction Industry Improvement Act 2005", Seminar Paper delivered at Law Institute of Victoria on 28 July 2011.
"A Costly Decision", Law Institute Journal, July 2009 (article dealing with the costs framework under the Fair Work Act 2009).
"Workers' Entitlements in Insolvency", Seminar Paper delivered at Legalwise Seminar "Corporate Insolvency: A Practical Guide", Melbourne, 15 September 2005. "Making Disputes Procedures Work", February 2003.*
http://www.findlaw.com.au/articles/default.asp?task=read&id=7654&site=GN "The Right to Strike in Australia", R. Dalton and R. Groom; Melbourne University Journal of International Law, Issue 1 Volume 1, December 2000.*
http://www.mjil.law.unimelb.edu.au/issues/archive/2000/2000-11Dalton.pdf “Inherent requirements of the particular position”, R. Dalton and J. Cooper, Australian Company Secretary, 1996 vol 48(7) Aug pp. 301-302.* (* as a solicitor).
From 01 Jul 2008, liability limited by a scheme approved under Professional Standards legislation.
Patrick is recognised for his versatility and his practice covers a wide range of areas including employment and industrial law (particularly in the construction industry, electricity and retail industry), personal injury and insurance, occupational disciplinary related matters, sporting law, and urgent claims for injunctive relief.
Patrick has appeared in the High Court of Australia, the Supreme Court of Victoria, the Federal Court of Australia, the Fair Work Commission and other jurisdictions, including before the Australian Olympic Committee and Racing Appeals and Disciplinary Board.
Professional Legal Experience
For further information about his availability, fee rates and other information, please contact one of his Clerks, John, Phillip or Michael Dever on 9225 7999 or by email to dever@vicbar.com.au.
From 24 Jul 2008, liability limited by a scheme approved under Professional Standards legislation.
Acknowledged by Doyle's as one of Australia's leading senior counsel in arbitration, construction and infrastructure and by The Legal 500 Asia Pacific as a Tier 1 Leading Commercial Silk in Australia : “ A razor-sharp legal mind, gets to the core of the issues immediately and identifies important legal points that can sometimes sit in the background. Committed to the client. “
Fellow of the Chartered Institute of Arbitrators (London) (CIArb, FCIArb).
Articles at Freehill Hollingdale & Page: 1989.
Practiced thereafter at Freehills until coming to the Bar in 1994.
Principal areas of practice: commercial; insolvency; banking; company; equity; administrative; revenue; major building and construction; Oil and Gas; major torts.
Co-author of "Doing Business in Australia": Mathew Bender and "Halsbury's Laws of Australia" Title on Mortgages: Butterworths and author of various articles.
Lecturer equitable remedies Master of Laws Melbourne University.
Tutor in Trust Law Monash University.
Chair of the Bar's Victorian Commercial Arbitration Scheme (VCAS) Committee, Chair of the Bar’s (International and Domestic) Arbitration Committee and member of the Bar's Alternative Dispute Resolution Committee.
For Saipem in relation to $2Bil design and construction dispute of Oil and Gas facility.
For China Petrochemical Corporation (Sinopec) in relation $180m dispute in respect of a floating storage and off loading facility.
For APC Marine in relation to $40m arbitration in respect of a salvage claim.
For Woodside Petroleum in relation to a dispute over a drilling rig.
For Generation Victoria (formally Gas & Fuel Corporation of Victoria) against ESSO and BHPP in relation to the pass on of Petroleum Resource Rent Tax.
For SECV against Esso and BHPP in relation to the pass of Petroleum Resource Rent Tax
For Esposito Holdings in a $70m sale of business dispute with a Chinese purchaser.
For Origin Energy in a $26m in a delay and disruption claim relating to oil and gas drilling program.
For Praemium Limited in relation to a $7m software development claim against a Chinese bank
For Lanco Infratech Ltd and Griffin Coal against Perdaman Chemicals and Fertilisers in relation to $3.5 bil claim arising out of a coal supply agreement.
For Apache Fertilisers against Oswal in relation to a $500m claim arising out of a share sale agreement.
For Apache Energy Ltd and Apache Northwest Pty Ltd against Alcoa in relation to $180m claim arising out of a failure to supply gas.
For Apache Energy Ltd in relation to litigation and investigations arising out of an explosion at its Varanus Island facility in 2008 that disrupted 35% of Western Australia’s supply of gas.
For TDK Sports Taekwondo in relation to a dispute as to its membership of the Australian Olympic Committee, International Olympic Committee and the World Taekwondo Federation.
For BHP Billition (Bass Strait) Pty Ltd against the Commissioner of Taxation in relation to the assessment of Petroleum Resource Rent Tax.
For Lloyds of London in relation to various insurance disputes.
For the Legal Professional Practice Board in relation to professional negligence claims made against solicitors.
For insurers of Australian Financial Services License holders against various claims made by their clients.
For TAB Corp in relation to a dispute with the Victorian Racing Authority and Greyhound Racing Victoria over licensing fees.
For Lake Oil Ltd in relation to a dispute with the Victorian Government over a retention lease.
For JM Kelly (Project Builders) Ltd in a $50m construction dispute with the Toga Hotel group.
For Gas & Fuel Corporation of Victoria against a subsidiary of Hudson Conway Ltd. in relation to the termination of the contract to build a new head office building for the Gas & Fuel Corporation, damages claim $150M.
For Pacific Dunlop Limited against Maxitherm Boilers Pty Ltd in relation to the explosion of autoclave which destroyed a Pacific Dunlop factory in Bayswater.
For Nichicon (Singapore) Pty Ltd against Pacific Dunlop Limited in relation to the supply of components for 50,000 emergency lighting units supplied between 1984 and 1988.
For Gascor against Mr. Ellicott in relation to a dispute relating to the removal of Mr. Ellicott as an arbitrator in an arbitration between Gascor, Esso and BHPP.
For the Tobacco Institute of Australia against Mrs. Cremona in litigation related to a claim that tobacco caused her emphysema.
For Kvaerner Ltd. against John Holland Construction in a $13M dispute in relation to the design of a floating storage and off-loading facility known as the Cossack Pioneer operating off the coast of Western Australia.
For Telstra against QAI and Southern Cross Telco, in a $50M dispute related to the provision of wholesale telecommunication services to resellers in Australia.
For Lurgi against Austa Queensland in relation to a $5M dispute related to the construction of a Queensland power station.
For the Commissioner of Taxation in relation to a dispute with a taxpayer as to the collapse and repatriation of $2.3Bil of offshore income to Australia.
For the Commissioner of Taxation against ANZ Banking Group Ltd. in relation to a $90M assessment of a scheme involving the sale of annuities to obtain a tax benefit. The dispute ultimately resolved by the High Court.
For Coles Myer Ltd. in relation to a dispute with Bryan Quinn involving the breach of his duties as a director to the company and the misuse of company assets.
For Southern Energy (Shajiao C) Ltd. in a US$610M dispute with Alstrom Power Plant Ltd., Slipform Engineering Ltd. and CE International China Inc. in Hong Kong that related to the construction of a power station in Guandgong province in the Peoples Republic of China.
For the consortium that acquired the Loy Lang A power station in Victoria against the Commissioner of Taxation in a dispute involving the taxation of the $750M sale and leaseback structure used to acquire part of the power station.
For Christopher Corrigan and Robert Dunn, both directors of Patrick Stevedore, in a dispute with the Maritime Workers Union that related to the restructuring of the stevedoring businesses controlled by Patricks.
For Patricks Stevedore in a dispute with the International Transport Workers Federation in England in relation to the international black banning of ships that used Patrick Stevedoring’s services in Australia.
For Department of Premier and Cabinet and the Department of Justice that related to various freedom of information applications to obtain documents in matters, including:
For Esso in relation to events following an explosion and fire at the Longford Plants in Victoria in September 1998, which supplied 97% of Victoria's needs for natural gas, including acting at:
For Mirant Asia-Pacific in a dispute with Ove Arup & Partners (Hong Kong) Ltd in Hong Kong and in the High Court in London for a US$62 claim in relation to the Sual Power Station in the Republic of the Philippines.
For Transfield Pty Ltd and Obayashi Corporation for a $200 mil dispute as against the designer's of the tunnels involved in the City Link Project.
For the Victorian Department of Infrastructure in a dispute with Multiplex for a $7 mil claim that related to the Victorian Net Ball Centre.
For Coles Myer Ltd in a dispute with a former director, Miller, in relation to $11 mil wrongful dismissal claim.
From 01 Jul 2008, liability limited by a scheme approved under Professional Standards legislation.
Trial and appellate advocacy, pleadings and opinion work principally in the Supreme Court and the Federal Court in a broad range of commercial disputes. Practice focuses on banking and finance, corporations law, insurance, financial advice disputes, insolvency, trusts, contracts and trade practices.
Whild v GE Mortgage Solutions: Supreme Court of Victoria proceeding about the effect of an overstatement in a notice of default on a mortgagee's power of sale.
Wolfe v Permanent Custodians Limited: Supreme Court of Victoria proceeding about the enforceability of a settlement agreement entered into after a mortgagee had obtained judgment for debt and possession.
Westpac Banking Corporation v Tesoro: Supreme Court of Victoria proceeding about the consequences of a lender's failure to strictly comply with the default notice provisions of the National Credit Code.
Macralink v Saris: Supreme Court of Victoria application pursuant to s 237 of theCorporations Act 2001 (Cth) concerning whether the applicant would be in a position of conflict if leave were granted.
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Beynon: Federal Court (Victorian Registry) proceeding concerning s 550 of the Fair Work Act 2009 (Cth) and whether an insolvency practitioner was "involved in" a contravention of that Act.
Hogg v Corke: Supreme Court of Victoria application pursuant to ss 232 and 232 of the Corporations Act 2001 (Cth) involving a corporate trustee and a unit trust.
NABE v BDO: Supreme Court of Victoria proceeding about the appropriateness of advice given by a financial planner.
Re The Wilderness Society: Supreme Court of Tasmania proceeding about the governance of an incorporated association.
Kiernan-Walker v Westpac: Federal Court (Victorian Registry) proceeding about the appropriateness of advice given by a financial planner.
SRO v Capital Securities: Court of Appeal proceeding about a statutory demand and the application of the Broadbeach principle.
Servco v AGL: County Court of Victoria proceeding about the termination of an exclusive licence agreement.
Re Great Southern Managers: Supreme Court of Victoria ASIC intervention about judicial advice to a Responsible Entity.
BrisConnections v ASI: Supreme Court of Victoria ASIC intervention about a Responsible Entity's duties.
Thirteenth Corp v St George Bank: Court of Appeal proceeding about fee agreement rebates between a bank and its solicitor.
Central Pacific Holdings v State of Victoria: Supreme Court of Victoria proceeding about a contractual indemnity for land tax liability.
Commonwealth Bank v Kyriackou: Supreme Court of Victoria injunction proceeding about the restraint of solicitors.
ATO v King & Ors: Supreme Court of Victoria indemnity proceeding against the former directors of a listed company.
McBride v L J Hooker Ltd: Federal Court (Victorian Registry) class action proceeding about alleged misrepresentations concerning stamp duty payable on new house and land packages.
Slann v Edmondson: Federal Court (Victorian Registry) oppression proceeding about the proper date for the valuation of shares to be purchased by majority shareholders.
CGU Insurance v Chacmol Holdings Pty Ltd: Supreme Court of Victoria Commercial List trial about a claim in restitution for money held in breach of the Insurance Contracts Act 1984 (Cth).
TSI Australia Pty Ltd v Australian Taxation Office: Federal Court (Victorian Registry) proceeding about voidable transactions under ss 588FE(2) and 588FE(3) of the Corporations Act 2001 (Cth). The action included a claim by the ATO against former directors under s 588FGA for partial indemnity.
Westpac Bank v Tabet: Supreme Court of Victoria recovery proceeding involving the non est factum defence.
ASIC v Westpoint Constructions: Federal Court (Victorian Registry) proceeding about the appointment of a final liquidator to a company in a corporate group that was already largely under administration.
CSL Limited v ACTU and Ors: Federal Court (NSW Registry) proceeding about a claim for damages caused by a secondary boycott in Western Australia and South Australia.
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Qantas: Australian Industrial Relations Commission proceeding about a jurisdictional issue arising out of a recent federal legislative amendment.
Complete Health Care Pty Ltd v Rafter: Victorian Court of Appeal proceeding on appeal from a decision of the County Court about the sale of a medical practice and the appointment of a trustee in bankruptcy before a sequestration order was made.
Tylden Pty Ltd v Woodleigh Pty Ltd: Federal Court (Victorian Registry) proceeding about a complex corporate and land ownership structure set up for the operation of a time-share resort. The matter largely related to director’s duties and voidable resolutions relating to the purported acquisition of fractional title interests in land.
Media World v USC: Federal Court (Victorian Registry) proceeding about a winding up under s 461(1)(k) of the Corporations Act 2001 (Cth).
Burton Pty Ltd v Guida: Supreme Court of Victoria proceeding about permanent injunctions under s 1324 of the Corporations Act 2001 (Cth).
Body Corporate No 2 v Airspace Australia: Supreme Court of Victoria proceeding about a roof top development in Melbourne’s CBD. The claim concerned the validity of the appointment of members of the body corporate committee.
ASIC v United Insurance Fund: Federal Court (Victorian Registry) proceeding about the alleged misappropriation of insurance premiums and breaches of the financial recording and reporting provisions of the Corporations Act 2001 (Cth).
ABB Australia Pty Ltd v Meaco: Supreme Court of Victoria proceeding about the misappropriation of funds and a knowing assistance/receipt claim.
MH6 v Mental Health Review Board: Court of Appeal proceeding about the rules of natural justice in treatment order proceedings at VCAT.
Ruhani v Director of Public Prosecutions: High Court appeal from a decision of the Supreme Court of Nauru about the validity of visas issued to asylum seekers under the terms of the “Pacific Solution”.
M38 of 2002 v Minister for Immigration High Court special leave application about the extent of the power of the Commonwealth to remove unlawful non-citizens.
VBAP v Minister for Immigration: Federal Court (Victorian Registry) proceeding about the circumstances in which an administrative decision may stand despite the presence of jurisdictional error.
SZDPY v Minister for Immigration: Federal Court (Victorian Registry) proceeding about the circumstances in which an applicant can adopt earlier evidence so as to render it before the administrative tribunal.
'Liability limited by a scheme approved under Professional Standards Legislation.'
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.
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.
Senior Associate at Phillips Fox (Commercial Litigation). Associate to Chief Justice Mason, High Court of Australia.
From 10th April 2014, liability limited by a scheme approved under Professional Standards legislation.
Owen has a broad commercial practice with a focus on complex disputes primarily encompassing issues of contract and misleading or deceptive conduct, as well as proceedings in respect of superannuation, commercial leasing and professional misconduct. Experience includes injunctive relief, mediation, trials and appeal proceedings in Victoria and the Federal Court. Owen also regularly advises on commercial issues and manages interlocutory proceedings.
Matters that Owen has been briefed on since coming to the bar include:
Whirlpool (Australia) Pty Ltd v Castel Electronics Pty Ltd, for Castel (with Andrew Bailey, led by Leslie Glick KC) (settled)
FSS Trustee Corporation v Eastaugh [2016] VSC 636, for Alfred Health (with Hamish Austin)
Cargill Australia Limited v Viterra Malt Pty Ltd [2022] VSC 13, for Viterra and Glencore (led by Allan Myers AC KC, Suresh Senathirajah KC and Stephen Parmenter KC) (judgment delivered January 2022 after a trial of 113 days)
Marton v Australian Taekwondo including in the Court of Arbitration for Sport 2021/A/7945 (led by Paul Hayes KC)
Tansley v Royal Australasian College of Surgeons, for Mr Tansley MD FRCS (with Stephen Moloney, led by Allan Myers AC KC) (settled)
Jieyun International Investments Pty Ltd v Toorak Development Group Pty Ltd [2022] VSC 387, for Jieyun (led by Paul Hayes KC)
Teico Investments Pty Ltd v WA Blue Gum Limited, for Teico (led by Peter Cawthorn KC) (settled)
Davis v Department of Health [2022] VCAT 718, for the Honourable David Davis (unled)
Scheme of arrangement for Security Matters Limited. Hearings included (No 3) [2023] FCA 140, for Security Matters (led by Carl Moller SC, with Monique Hardinge)
Nottingham v Australian Financial Complaints Authority [2023] FCA 58, for Australian Super (unled)
Tratter v Aware Super [2023] FCA 491, and on appeal Tratter v Aware Super [2023] FCAFC 36, for Aware Super (unled)
Merkon Constructions Pty Ltd v Residence Company Pty Ltd & another, for Merkon (led by Michael Galvin KC) (ongoing)
In the Cargill Australia matter, in addition to appearing at trial and on appeal Owen was also closely involved with numerous interlocutory matters including:
Plus hearings as to final orders and appeal rulings in the Cargill Australia matter:
Prior to coming to the bar, Owen was a solicitor with Herbert Smith Freehills where he acted for companies across banking, investment, mining, electricity, and retail. Owen is experienced in advising companies who are defending complex claims brought in contract, negligence, or breach of statutory obligations. Owen also worked on a number of class actions, acting for large listed companies in shareholder claims, as well as for the electricity distributor in the Victorian bushfires claims.
In 2013, Owen joined the Office of Crown Counsel in the Victorian Government where he advised the Attorney-General and the Department of Justice on policy implementation, policy development, human rights compatibility, and other general legal matters.
Owen’s academic achievements include first-class honours in law from Monash University, where he won the subject prize for Restrictive Trade Practices.
Owen read with Stephen Parmenter KC, and his senior mentor is Philip Solomon KC.
From 30 Oct 2015, liability limited by a scheme approved under Professional Standards legislation.
In her practice as a barrister, Amy predominately appears in personal injury related matters. She appears both on her own and with senior counsel, in all jurisdictions in which such matters are litigated. As well as appearing in personal injury matters, Amy also accepts briefs to advise and draft paperwork, including but not limited to, "Serious Injury" Applications, Interrogatories and Medical Panel Referrals.
Amy has a particular interest and ability in sporting tribunal work, coronal inquests and summary crime, and since coming to the Bar she has provided advice and appeared in these areas in various matters.
Amy is an accredited mediator.
Prior to coming to the Bar, Amy was the Associate to His Honour Judge Hicks at the County Court of Victoria. As an Associate, Amy acquired a wealth of experience in both the personal injury and criminal law jurisdictions (including the Racing Appeals Tribunal). Prior to working as a Judge's Associate, Amy worked for a boutique commercial law firm and a prior to that, with a criminal law sole practitioner.
Amy is a member of the Compensation Law Bar Association and the Criminal Law Bar Association.
Liability limited by a scheme approved under Professional Standards legislation.
Tammy practices predominantly in general commercial litigation, trade practices, common law, property and wills and estates. 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 including class actions. She has experience as a decision maker in a Tribunal setting which has given her a unique insight into strategy when running trials.
Tammy is a qualified mediator and has a passion for alternative dispute resolution. She is a coach and assessor for the Victorian Bar’s annual Lawyers’ Mediation Certificate course and is available to mediate matters in all jurisdictions.
Tammy has demonstrated tenacity in her athletic and professional life – she captained two Australian Swimming Teams and won Oceania Champion in 2002. Tammy was a Dean’s Scholar at Deakin University, graduated from her Law Degree with Honours and from her Commerce Degree with Distinction.
Tammy spent time in the United States studying psychology and mathematics, achieving the title of Dean’s List Honouree. Tammy won 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.
In 2019, Tammy placed 8th in the Zatopek Australian 10,000m championships, 7th in the Women’s Open 10km Australian Cross Country Championships and 4th in the Melbourne half marathon.
Tammy brings this tenacious approach and energy to all of her work as a barrister. She is available to appear and advise in matters arising in all areas of practice listed above, in all jurisdictions.
From 08/10/2009, Liability limited by a scheme approved under Professional Standards Legislation.
Erin’s practice includes all major jurisdictions: prosecution and defence work in criminal law, plaintiff and defendant work in common law, including institutional liability matters, and family law.
Erin has extensive experience appearing in Royal Commission and inquiry work, including as counsel assisting.
From 25th Oct 2012, liability limited by a scheme approved under Professional Standards legislation.
Brittany has a broad practice across criminal and quasi-criminal law (including disciplinary and regulatory matters), common law, and administrative law. She has experience acting for individuals, companies, and government agencies.
Brittany holds an Indictable Crime Certificate (ICC).
In her criminal law practice, Brittany regularly appears as sole counsel in the Magistrates’ and County Courts. She has appeared as junior counsel in trials in the County and Supreme Courts. She also has appellate experience, having appeared as junior Counsel in the Court of Appeal and the High Court.
Brittany regularly acts in disciplinary proceedings involving healthcare practitioners, and tortious claims involving police misconduct.
She also has experience in coronial and judicial review matters.
Before coming to the Bar, Brittany was an Associate to the Hon. Justice Jane Dixon in the Supreme Court of Victoria.
Prior to her Associateship, Brittany practised as a solicitor in summary crime at Victoria Legal Aid, in civil law at the North Australian Aboriginal Justice Agency (NAAJA), and in both civil and administrative law at the Victorian Government Solicitors’ Office.
Brittany sits on the Committee of the Women Barristers’ Association.
Brittany read with Astrid Haban-Beer. Her senior mentor is Ruth Shann SC.
Selected recent cases include:
Liability limited by a scheme approved under Professional Standards legislation.
Daniel practises in commercial and public law.
Since coming to the Bar, Daniel has appeared and advised in:
Before coming to the Bar, Daniel practised as a solicitor in commercial disputes at Minter Ellison and Baker McKenzie. He was also an Associate to the Honourable Justice Digby at the Supreme Court of Victoria. He holds a Juris Doctor and Bachelor of Arts from the University of Melbourne.
Daniel read with Georgie Coleman and his senior mentor is Meg O’Sullivan KC.
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Eugene practises principally in tax law. He has acted for both taxpayers and the Commissioner of Taxation in leading cases in the High Court and Federal Court.
Eugene advises and acts in disputes involving issues such as consolidation, transfer pricing, the CFC rules, thin capitalisation, double tax treaties, capital gains tax, the debt/equity rules, capital/revenue distinctions, losses, GST, taxation of trusts and Part IVA. He acts for clients in the mining, infrastructure, telecommunications and financial services industries, among others, providing opinions and assisting them in their dealings with the Commissioner during reviews, audits, objections and litigation.
Eugene has a Master of Tax from the University of Melbourne where he is a Senior Fellow of the Law Faculty lecturing in the subject Tax Litigation and, previously, Tax Avoidance and Planning.
He is the immediate past President of the Tax Bar Association and a Fellow of the Tax Institute of Australia.
Eugene is consistently recognised in publications such as Doyles Guide, Chambers and Partners Asia Pacific, Who's Who Legal and Best Lawyers.
Recent or significant cases in which Eugene has appeared as silk include (client in bold):
From 24/07/2008, Liability limited by a scheme approved under Professional Standards Legislation.