Chambers & Partners 2019 Asia-Pacific Intellectual Property rankings for The Bar in Australia
Katrina is identified in this publication as one of Australia's leading practitioners in the field of Intellectual Property
Who's Who Legal: Patents 2018
Katrina is identified in this publication as one of the world's leading practitioners in the field of Patents.
Who's Who Legal: Life Sciences 2018 - Patent Litigation: Legal Marketplace Analysis
Katrina
is identified in this publication as one of the world's leading practitioners in the field of IP:
'Katrina Howard SC is "highly recommended" thanks to her expertise in the full spectrum of contentious IP matters.'
Doyles Guide - Leading Intellectual Property Senior Counsel - New South Wales 2018
Recommended
Senior Counsel
Chambers and Partners Intellectual Property: The Bar, Australia
Lachlan accepts briefs to advise and appear predominantly in common law matters, with a particular focus on personal injury, intentional torts and insurance law. He is available to appear in all metropolitan and regional courts.
Prior to coming to the Bar, Lachlan was Associate to Judge K L Bourke at the County Court of Victoria. As an Associate, he gained significant experience assisting Her Honour in the hearing and management of civil trials (both jury and judge alone), serious injury applications and a range of interlocutory matters. Lachlan also assisted Her Honour in the operation of the Infant Compromises List.
Lachlan is reading with Dugald McWilliams and his Senior Mentor is Ross Middleton QC.
From 8 May 2020, liability limited by a scheme approved under Professional Standards legislation.
Ben has a broad practice advising and representing clients across diverse practice areas at both trial and appellate level. His main areas of practice cover tort, criminal, administrative and sports law.
Experience
Ben has particular expertise in managing large and complex litigation and significant inquests and inquiries.
Tort and Professional Negligence
Criminal Law
Administrative and Regulatory Law
Sports Law
Inquests and Inquiries
Ben often acts on behalf of model litigants and is familiar with Model Litigant Principles, including the obligations of such and how they apply in practice.
Past Experience (including Publications)
Ben studied law following from his being awarded the John F. Kearney QC scholarship. Prior to that, Ben undertook studies in Science. He has lectured in areas of both Law and Science at undergraduate and postgraduate levels. His main areas of interest lie where Law and Science intersect.
Ben has been published internationally: see "Anatomy of a Courtroom: A Legal Perspective" in Petherick, Turvey and Feruguson (Ed) (2009) Forensic Criminology (Elsevier Academic Press, Burlington, MA).
Prior to coming to the Bar, Ben was a solicitor at the Victorian Office of Public Prosecutions.
For its duration, Ben was the professional supervisor of the University of Melbourne's Innocence Project where he worked closely with students in reviewing cases of alleged Miscarriages of Justice.
Memberships and Positions
Ben is a member of the Criminal, the Commercial and the Common Law Bar Associations of Victoria.
He is also a member of the Australian and New Zealand Sports Law Association (ANZSLA) and the Sports Lawyers' Association (of America) (SLA).
Ben is a member of the Victorian Bar Readers Course Comittee, Chair of the Exam Standing Review Committee, Dever's List Committee and Deputy Chair of the Sports Law Section. He is a former member of the VicBar Pro Bono Committee.
Ben is an Accredited by the Victorian Bar as Advocacy Instructor. He regularly coaches moots and presents in the Readers' Course.
From 22 Apr 2010, liability limited by a scheme approved under Professional Standards legislation.
Esther has been in practice since 2003, with broad expertise in State and Federal administrative law, health law, inquests, general VCAT / civil claims, and lower court proceedings, including crime, intervention orders and Victims of Crime, Working with Children reviews and sporting inquiries.
Previously, Esther completed a commercial articles at Deacons (now Norton Rose) in 2002, was Judge's Associate at the County Court of Victoria (2003-2004), solicior with DHS Victoria (2004-2006); and was a Registered Nurse (1991-2011). She is sought after for her expertise in health matters.
Briefs are welcome in all jurisdictions.
From 01 Jul 2015, liability limited by a scheme approved under Professional Standards legislation.
Neale was an Associate to Judge Hogg (1981 - 1983). He practices predominantly in Family Law and De Facto Property Law.
Neale is an Accredited Mediator.
Paul practices in all areas of commercial and public law, including taxation law, employment and industrial relations law and constitutional and administrative law.
He has acted in matters in the High Court, Federal Court, Federal Circuit and Family Court, various State Supreme Courts, the Administrative Appeals Tribunal and the Fair Work Commission. He has also appeared in Royal Commissions and inquiries.
Paul has particular experience in:
Paul commenced his career in private practice at Minter Ellison. Before coming to the Bar, he worked as a Legal Researcher at the Supreme Court of Victoria and was an Associate at the Federal Court of Australia.
Paul holds a Bachelor of Commerce and a Bachelor of Laws (with first class honours) from Monash University. He also holds a Master of Laws from the University of Melbourne.
Paul read with Kathleen Foley SC and his senior mentor is Philip Solomon KC.
'Liability limited by a scheme approved under Professional Standards Legislation'
Ganesh practices in commercial law. He has appeared as sole counsel and led by senior counsel in a wide range of matters spanning corporations’ law and insolvency, financial services, equity and civil fraud, insurance, employment and public law. He has a particular interest in regulatory proceedings and is often briefed both for and against government agencies such as ASIC, APRA, the Australian Taxation Office and Victorian State Revenue Office.
In addition to his practice, Ganesh currently serves as an elected member of the Executive Committee of the Commercial Bar Association of Victoria (CommBar) and a reporter for the Australian Corporations and Securities Reports.
Ganesh has also been called to the Bar of England & Wales as a member of the Inner Temple.
Prior to joining the Bar, Ganesh served as Senior Associate to the Honourable Justice Michael Sifris and the Honourable Justice Clyde Croft AM of the Supreme Court of Victoria. He also has significant regulatory and policy experience, having worked in the Mergers and Authorisation and Enforcement branches of the Australian Competition and Consumer Commission, as well as the Australian Taxation Office, and as a staffer in Federal Parliament to the Honourable Mark Dreyfus KC.
Some matters in which Ganesh has been briefed include:
Liability limited by a scheme approved under the Professional Standards Legislation
Ben appears in common law, public law (administrative and constitutional law) and insurance, often in appeals and for judicial review.
Before coming to the Bar, Ben completed the Bachelor of Civil Law at the University of Oxford, graduating with Distinction (highest honours). He was the associate to Justice Redlich at the Court of Appeal of the Supreme Court Victoria. He practiced as a solicitor at King & Wood Mallesons.
Ben has particular expertise in the regulation of the medical profession and in medical negligence. Ben has appeared in many reported insurance cases. He was counsel in the Banksia class action.
Ben has a national practice in administrative law, with a focus on the regulation of health practitioners.
Ben's current reader is Shane Dawson. His is a former member of the Victorian Bar Council and the Counsel Committee. He is currently a member of the Ethics Committee of the Victorian Bar.
Some matters in which Ben has appeared as counsel:
Judicial Review
T v Coroners Court of Victoria and Northern Health [2022] VSC 70
Zhao v Medical Board of Australia [2021] VSC 763
Kew v Director of Professional Services Review [2021] FCA 1607
Nursing and Midwifery Board v Robinson [2021] VSC 823
Appanna v Medical Board of Australia [2021] VSC 679
Gilhooley v Health Complaints Commissioner [2021] VSC 232
Municipal Association of Victoria v VWA [2021] VSC 128
Ridd v JCU [2021] HCAtrans 15
CDC v Health Complaints Commissioner [2020] VSC 597
JCU v Ridd (2020) 382 ALR 8; [2020] FCAFC 123
CFMMEU v Anglo American Australia Ltd (2019) 164 ALD 451 [2019] FCAFC 109 (Full Court) (unled)
RIdd v JCU (Peter Ridd Academic Freedom Case) [2019] FCCA 997
AWU v ROC (the AWU Raids Case) [2019] FCA 188
AMMA v CFMMEU (CFMEU and MUA Amalgmation Case) (2018) 363 ALR 343 (Full Court)
Adams v Dr Wadesley [2018] VSC 604 (with J Noonan QC)
SDA v AIG (the Penalty Rates Case) (2017) 253 FCR 368 (Full Court)
Rajendran v The Heritage Council (2017) 220 LGERA 303; [2017] VSCA 48 (Court of Appeal)
Sevdalis v PSRC (Medicare) [2017] FCAFC 9 (with C Winneke QC) (Full Court)
Cremorne Commercial v Arnold Prince [2017] VSC 714 (with J Pizer QC)
McDermott v AWU (2016) 255 IR 146 (Full Bench)
Sevdalis v PSRC (Medicare) (2016) 241 FCR 266 & [2016] FCA 433 (with C Winneke QC)
Rajendran v The Heritage Council (No 2) [2016] VSC 286
Just Group Ltd v Nicole Peck [2016] VSC 432
CSR Ltd v CSR and Holcim Staff Association (2015) 232 FCR 302 (Full Court)
CFMEU v Boral (2015) 256 CLR 375 (High Court)
Baytech Trades v Coinvest [2015] VSCA 342 (Court of Appeal)
CFMEU v Grocon [2014] VSCA 298 and (2014) 47 VR 527 (Court of Appeal)
CFMEU v John Holland (2015) 228 FCR 297 (Full Court)
Energy Australia Yallourn v CFMEU (2014) 218 FCR 316 (Full Court)
Dr Bruce Reid v Australian Football League (Defence of Dr Reid/ AFL ASADA) (with R Gillies QC)
Insurance
Delta Pty Ltd v Team Rock Anchos [2019] 3 QD R 438 (Queensland Court of Appeal)
Delta Pty Ltd v Team Rock Anchors [2018] 1 QD 564 (with J Gleeson QC) (Supreme Court Qld )
Daffy v MLC [2017] VSCA 110 (with P Murdoch QC) (Court of Appeal)
Service v Post Super Pty Ltd [2017] VCC 1500
Montclare v Metlife (2016) 344 ALR 685 [2016] VSCA 386 (with J Gleeson QC) (special leave refused) (Court of Appeal)
Linfox Australia v TAC (2016) 78 MVR 177 [2016] VSC 592 (with P Solomon QC)
Montclare v Metlife [2015] VSC 306 (with J Gleeson QC)
Common Law, Inquests and Health Practitioners
Acciarito v Anthony Parcel Services [2022] VSCA 13
Fischer v Brown [2021] VCC 108
Appanna v Medical Board [2021] VCAT 277
Medical Board v Arulandarajah [2021] VCAT 85
Nursing Board v Meek [2021] VCAT 68
Fischer v Brown VCC [2020] VCC 2041
Belgrave Heights Christian School v Moore [2020] VSCA 240 (with J Ruskin QC) (Court of Appeal)
Billington v Sussan Corporation [2020] VSCA 12 (with S O'Meara QC) (Court of Appeal)
Medical Board of Australia v Islam [2020] VCAT 994
Medical Board of Australia v Ellis [2020] VCAT 862
Nursing Board of Australia v Keenoo [2020] TASHPT 3
Leow v Medical Board of Australia [2019] VSC 532 (appeal)
CJE v Medical Board of Australia [2019] VCAT 178
Dental Board of Australia v Ho [2019] VCAT 467
XDH v Medical Board of Australia [2019] VCAT 377
CDC v Health Complaints Commissioner [2019] VCAT 171
CDC v Health Complaints Commissioner [2018] VCAT 1844
Hunt & Numurkah District Health Service v Holcombe [2018] VSCA 248 (Court of Appeal) (with P Solomon QC)
Medical Board of Australia v Farschi [2018] VCAT 1617 with Dr I Freckleon QC
Pharmacy Board of Australia v Hanna [2018] VCAT 1817
Nursing and Midwifery Board of Australia v Macrae [2018] VCAT 1707
Pharmacy Board of Australia v Hopkinson [2018] VCAT 982
Hunt v Hunt [2018] VSC 55 (with P Solomon QC) 5970
Inquest into the death of Campbell (COR 2014 5828)
Inquest into the death of Ljepojevic (COR 2015 5970)
Holcomb v Mr Hunt & Numurkah Hospital District Health Service [2017] VSC 666 (with P Solomon QC)
Northern Health v Kuipers [2015] VSCA 172 (with R Gillies QC) (Court of Appeal)
Stapleton v Central Club Hotel [2016] VCC 91 (with S O'Meara QC)
Swansson v Harrison & Ors [2014] VSC 118 (with R Gillies QC)
Curran v Loddon and Campaspe Centre Against Sexual Assault [2017] VCAT 999
E v Physiotherapy Board of Australia [2017] VCAT 1401
Khouri v Business Licensing Authority [2015] VCAT (with J Pizer QC)
CMJ v Crewdson [2015] VCAT 402
DPP v JPH (No 2) (2014) 239 A Crim R 543 [2014] VSC 177 (for the Attorney General) (part trial)
Commercial Law
Roohizadegan v Technologyone [2020] FCA 1571, [2020] FCA 1734, [2020] FCA 1729
Mandie v Memart Nominees Pty Ltd [2017] VSCA 177 (Court of Appeal) (with R Gillies QC)
McCarthy v Camil Holdings Pty Ltd [2016] VSCA 235 (Court of Appeal) (for the respondent)
Mandie v Memart Nominees Pty Ltd [2016] VSC 267 (with R Gillies QC)
Bolitho v Banksia Securities Ltd (Banksia Class Action) [2014] VSC 8 (with T Kelly QC)
Bolitho v Banksia Securites Ltd (No 2) (2014) 100 ACSR 161; [2014] VSC 184
Cosmopolitan Hotel v Crown (2014) 45 VR 771 (Court of Appeal) (with N Hopkins QC)
Shaw v MAB Corporation Pty Ltd (2014) 220 FCR 425
Shaw v Yarranova Pty Ltd [2014] VSCA 48 (Court of Appeal)
Crown v Cosmoplitan Hotel [2013] VSC 614 (with N Hopkins QC)
Shaw v MAB Corporation Pty Ltd [2013] FCA 1231 (with T Kelly QC)
Point of Pay Pty Ltd v Darryl Roots [2012] VSC 380 (with P Solomon QC)
MP Investments Nominees Pty Ltd v Bank of Western Australia [2012] VSC 43 (with P Solomon QC)
Werner Motoring Group Pty Ltd v NMX Pty Ltd [2012] VSC 211
Select Publications
"Making Sense of Project Blue Sky" Melbourne 21 March 2012 (with Peter Hanks QC)
"The Intersection between Administrative and Constitutional Law" Melbourne March 2013 (with Peter Hanks QC)
"Preventative Detention. Constitutional Issues" March 2014 (with Peter Hanks QC)
"Challenging Administrative Decisions; Constitutional Considerations" March 2015 (with Peter Hanks QC)
"Constructive Jurisdictional Error" March 2016 (with Peter Hanks QC)
"The Obligation of Procedural Fairness During Multistage Decision Making Processes" March 2017 (with Peter Hanks QC)
Administrative Law: Disciplinary and Statutory Investigations September 2021 (with S Dawson)
Reporter, Commonwealth Law Reports 2012-2015
From 27 Oct 2011, liability limited by a scheme approved under Professional Standards legislation approved under Professional Standards legislation.
Previously a Partner in Herbert Smith Freehills (Sydney and then Melbourne).
J.B. Chifley Prize for Economics (NSW HSC).
National Undergraduate Scholar (1974 to 1978).
University Prizes in Mathematical Economics, Politics, Economics and Law.
Member of the Global Foundation.
Appeared in commercial trials and appeals in all Australian states and Federal jurisdictions.
Practice in General Commercial and Equity Law, with emphasis on Corporations, Property, Insolvency, Equity, Finance, Contract, Probate, Trade Practices and Administrative Law.
Substantial experience as a Mediator.
Victorian Bar Committee Memberships (Library Committee)
"From 1st July 2011, liability limited by a scheme approved under Professional Standards Legislation."
Viola Katotas – Barrister and AMDRAS Accredited Mediator
Available on the Magistrates' Court External Mediator List
www.violakatotas.com.au
Viola has established a broad and diverse practice since coming to the Bar. She appears regularly in the Common Law, General Insurance, Professional Negligence, Administrative Law, and Personal Injuries jurisdictions, including complex Transport Accident claims.
Before coming to the Bar, Viola served as a Police Prosecutor, appearing extensively in the Magistrates' Court and the Children’s Court across the criminal and family violence jurisdictions. Her early legal career also included time as a Coroner’s Assistant and as a solicitor within the Civil Litigation Division of Victoria Police, where she gained significant experience in managing complex matters involving public institutions.
Viola appears both unled and as lead counsel in trials and hearings in both the civil and criminal jurisdictions. She is an AMDRAS-accredited mediator and brings her litigation experience and strong negotiation skills to alternative dispute resolution.
Beyond her legal practice, Viola is deeply committed to community service. She is the Vice President and a Committee Member at Southport Community Legal Service Inc., and also serves as Chairperson of the Disciplinary Appeals Board (Education).
From 20th May 2011, liability limited by a scheme approved under Professional Standards Legislation.
Retired from the Family Court Feb 14th 2008.
Available for Mediations and Arbitrations.
Daniel has a broad appearance and advice practice, with particular expertise in equity and commercial law, common law and insurance, and criminal matters.
Daniel frequently acts in wills, probate, and estate matters, and in commercial and property cases involving allegations of breaches of trust and/or fiduciary duties.
Daniel also has experience in common law matters, particularly cases involving intentional torts and institutional abuse and the application of the Legal Identity of Defendants (Organisational Child Abuse) Act 2018 (Vic).
Daniel regularly appears in all Victorian courts and the Victorian Civil and Administrative Tribunal (VCAT), and in federal courts. Daniel regularly appears both at first instance and on appeal.
Daniel’s recent experience includes:
Before coming to the Bar, Daniel was a solicitor at Allens, an Associate to the Hon Justice Robson of the Supreme Court of Victoria, and an Associate to the Reserve Judges (including the Hon Justices Ashley, Bongiorno AO, and Coghlan) of the Court of Appeal of the Supreme Court of Victoria.
Daniel holds a Bachelor of Arts and a Bachelor of Laws with First Class Honours from the University of Melbourne, and a Master of Law (Class I) from the University of Cambridge (where he was the Davis McCaughey Scholar).
Daniel has been an Honorary Fellow at Melbourne Law School (the University of Melbourne), where he has taught Equity and Trusts.
Daniel has published in a number of journals on a variety of subjects including negligence, product liability, and cultural property law (an area in which Daniel has particular interest and expertise). He is also a reporter for the Victorian Reports.
Please click here to see Daniel’s CV (which includes a complete list of publications and presentations).
Daniel read with Anthony Strahan (now QC) and Richard H Stanley, and his senior mentor is Chris Winneke QC.
From 6th May 2016, liability limited by a scheme approved under Professional Standards legislation.
Jonathan practises in commercial law, public law, industrial law and torts, including in numerous class actions. He has advised and appeared at trial and appellate level for a diverse range of clients including corporations, government agencies, unions and individuals.
Before coming to the Bar, he worked as Chief of Staff to Commonwealth Attorney-General Robert McClelland, as a Senior Associate in Commercial Dispute Resolution at Holding Redlich Lawyers, and as an Associate to Justice Michael Moore at the Federal Court.
He has a Bachelor of Arts in French and a Bachelor of Laws (Hons I) from the University of Sydney, and a Bachelor of Science with a double major in mathematics and physics from the University of Melbourne. He also has a Diploma of French Language from the University of Strasbourg, and studied Mandarin at Fudan University in Shanghai.
Jonathan's litigation experience includes handling complex scientific and engineering expert evidence in a range of proceedings.
He read with Bernie Quinn KC.
Matters in which he has acted have included:
Commercial law
Acting for the respondent retailer in a class action in the Federal Court concerning discount pricing: Demery v Coles Supermarkets Australia Pty Ltd (2024-), instructed by Allens
Acting as court-appointed contradictor in an application for approval of the settlement of a Federal Court class action concerning a financial planning network: Equity Financial Planners Pty Ltd v AMP Financial Planning Pty Ltd [2024] FCA 1036
Acting for the defendants in product liability class actions in the Supreme Court of Victoria concerning motor vehicle diesel engine emissions: El Helou v Mercedez-Benz Australia-Pacific Pty Ltd & Ors (2024-); Wawryk & Anor v Mercedes-Benz Australia/Pacific Pty Ltd & Anor [2024] VSC 120, 186, instructed by Herbert Smith Freehills
Acting for the defendant in a securities class action in the Supreme Court of Victoria concerning US regulatory action in the pharmaceutical industry: Hillman v Mayne Pharma Group Ltd [2024] VSC 786, instructed by Herbert Smith Freehills
Acting for the respondent bank and insurers in a class action in the Federal Court claiming misleading or deceptive conduct, financial product advice contraventions, unconscionable conduct and restitution for mistake, in connection with consumer credit insurance products: Reilly & Anor v Australia and New Zealand Banking Group Ltd & Ors [2020] FCA 1609, 1502, 436, led by Michael Borsky KC, instructed by Herbert Smith Freehills
Acting for a respondent bank in a class action in the Federal Court alleging cartel conduct in the foreign exchange market: J Wisbey & Associates Pty Ltd v UBS AG & Ors [2021] FCA 36, led by Wendy Harris KC and Michael Borsky KC, instructed by Herbert Smith Freehills
Acting for the CITIC parties in several proceedings relating to the Sino Iron Project:
- Proceedings in the Supreme Court of Western Australia alleging breaches of contract concerning proposals under a State Agreement: Sino Iron Pty Ltd & Ors v Mineralogy Pty Ltd & Anor [2024] WASC 242, 322, 413, 486, with Noel Hutley SC, instructed by Herbert Smith Freehills
- Proceedings in the Supreme Court of Western Australia involving various tortious and contractual claims concerning litigation relating to the Sino Iron Project: Mineralogy Pty Ltd & Anor v Dillon & Ors [2024] WASC 322, with Steven Finch SC, instructed by Allens
- Proceedings initially in the Federal Court and subsequently in the Supreme Court and Court of Appeal of Western Australia involving claims in contract, estoppel and under the Australian Consumer Law concerning proposals under a State Agreement: Sino Iron Pty Ltd & Ors v Mineralogy Pty Ltd & Ors [2019] FCA 675, [2020] WASC 311, [2021] WASC 475, 473, 451, 384, 170, [2022] WASC 476, 475, 474, 473, 472, 471, 46, 25, [2023] WASC 192, 96, 56, led by John Karkar KC, Stephen Parmenter KC and Stephen Free SC (Supreme Court), and Noel Hutley SC (Court of Appeal), instructed by Herbert Smith Freehills
- Proceedings in the Court of Appeal of Western Australia and the High Court involving a contractual dispute relating to a magnetite production royalty: Sino Iron Pty Ltd & Ors v Mineralogy Pty Ltd [2019] WASCA 80, [2020] HCATrans 10, led by Alan Archibald KC and Charles Scerri KC (Court of Appeal), and Justin Gleeson SC (High Court), instructed by Allens
- Proceedings in the Supreme Court and Court of Appeal of Western Australia involving a contractual dispute concerning a Site Remediation Fund, and an application to replace a trustee: Mineralogy Pty Ltd v Sino Iron Pty Ltd & Ors [2021] WASC 45, [2022] WASCA 162, led by Kanaga Dharmananda SC, instructed by Allens
- Proceedings in the Supreme Court of Western Australia concerning a contractual indemnity: Palmer v CITIC Ltd [No 7] [2023] WASC 202, led by John Karkar KC, instructed by Allens
Acting for a respondent bank in a class action in the Federal Court alleging breaches of contract and unconscionable conduct in relation to 7-Eleven franchises: Davaria v 7-Eleven Stores Pty Ltd & Ors [2020] FCA 1234, led by Michael O'Bryan QC, instructed by Herbert Smith Freehills
Acting for a bidco in a scheme of arrangement proceeding in the Supreme Court of Victoria: Re Zenitas Healthcare Ltd (2018), instructed by Herbert Smith Freehills
Acting for the respondent bank in Federal Court proceedings concerning responsible lending obligations in the context of motor vehicle finance: Australian Securities and Investments Commission v Australia and New Zealand Banking Group Ltd [2018] FCA 155, led by Alan Archibald KC, instructed by Herbert Smith Freehills
Acting for several defendants in two securities class actions in the Federal Court concerning accounting and forecast financial information in the dairy industry, and trustee obligations of a responsible entity: Webster v Murray Goulburn Co-operative Co. Ltd & Ors [2018] FCA 990; [2017] FCA 1260, 995; Endeavour River Pty Ltd v MG Responsible Entity Ltd [2020] FCA 968, led by Wendy Harris KC, instructed by Herbert Smith Freehills
Acting for the applicants in two securities class actions in the Federal Court concerning forecast financial information relating to an infant milk formula business: McKay Super Solutions Pty Ltd (Trustee) and Basil v Bellamy’s Australia Ltd [2017] FCA 947, [2020] FCA 461, led by Rachel Doyle SC and John Sheahan KC, instructed by Slater + Gordon and Maurice Blackburn
Acting for the respondent in a securities class action in the Federal Court concerning accounting and forecast financial information relating to a facilities services business: Court v Spotless Group Holdings Ltd [2020] FCA 1730, led by Michael Garner, instructed by Colin Biggers & Paisley
Acting for a retailer in relation to an Australian Securities and Investments Commission investigation and infringement notice concerning continuous disclosure (2017), instructed by Herbert Smith Freehills
Acting for a law firm in Federal Court proceedings relating to the approval of a settlement of a managed investment scheme class action: Kelly v Willmott Forests Ltd (2017), led by Richard Attiwill QC, instructed by Macpherson Kelley
Acting for the respondent gold mining company in a securities class action in the Federal Court concerning gold production outlook and impairment assessments: Earglow Pty Ltd v Newcrest Mining Ltd (2015-2016), led by Wendy Harris KC, instructed by Herbert Smith Freehills (settled)
Torts
Acting for the Commonwealth in a class action in the Federal Court alleging negligence, false imprisonment, misfeasance in public office and race discrimination in relation to people smuggling boat crew: Yasmin v Commonwealth of Australia [2023] FCA 1661, instructed by Australian Government Solicitor
Acting for a proposed defendant in defamation proceedings in the Supreme Court of Victoria concerning a limitation period: Johnston v Holland [2017] VSC 448, instructed by Slater + Gordon
Acting for a third party medical services provider in a class action in the Supreme Court of Victoria in proceedings alleging negligence and false imprisonment relating to the Manus Island Regional Processing Centre: Kamasaee v Commonwealth of Australia & Ors (2017), led by Richard Attiwill QC, instructed by Barry Nilsson Lawyers (settled)
Acting for a defendant electricity distribution company in a class action in the Supreme Court of Victoria alleging negligence, breach of statutory duty and nuisance in connection with the 2014 Mickleham bushfire: Williams v AusNet Electricity Services Pty Ltd & Ors (2016-2017), led by Michael Wheelahan QC, instructed by Herbert Smith Freehills (settled)
Acting for a former football player in relation to claims against Essendon Football Club and the Australian Football League arising from the Essendon supplements program (2016), instructed by Schetzer Constantinou (settled)
Acting for the plaintiff in defamation proceedings in the County Court of Victoria concerning a limitation period: Van Garderen v Channel Seven Melbourne Pty Ltd & Ors [2016] VCC 953, instructed by Holding Redlich
Acting for a defendant electricity distribution company in three class actions in the Supreme Court of Victoria alleging negligence, breach of statutory duty and nuisance in connection with the 2009 Beechworth, Kilmore East-Kinglake and Murrindindi bushfires: Mercieca v SPI Electricity Pty Ltd & Ors (2012), led by Jonathan Beach QC (settled); Matthews v SPI Electricity Pty Ltd & Ors (2012-2014), led by Jonathan Beach QC and Bernie Quinn KC (settled following 208 day trial); Rowe v AusNet Electricity Services Pty Ltd & Ors (2014-2015), led by Philip Solomon KC and Bernie Quinn KC (settled), instructed by Herbert Smith Freehills
Acting for a defendant litigation funder and its managing director in defamation proceedings in the Supreme Court of Victoria and Court of Appeal: Barrow v McLernon & IMF (Australia) Ltd [2012] VSC 134 and 313, led by Stephen O'Meara QC, instructed by Arnold Bloch Leibler
Acting for a former Victorian Government Minister defending defamation proceedings in the Supreme Court of Victoria: Lovell v Holding (2011-2012), led by Georgina Schoff KC, instructed by Holding Redlich (settled)
Acting for a financial advisory firm and its officers in proceedings in the ACT Supreme Court involving allegations of defamation and misuse of confidential information: Taylor v Dixon Advisory Ltd & Ors (2009-2011), led by Jeremy Ruskin KC, instructed by Slater + Gordon (settled)
Public law
Acting for the Commonwealth in Federal Court and High Court proceedings under the Racial Discrimination Act 1975 (Cth) concerning the age pension: Fisher v Commonwealth of Australia [2023] FCAFC 106, 181, [2024] HCASL 58, 59, led by Jenny Firkin KC (Federal Court), Stephen Donaghue KC (High Court), instructed by Australian Government Solicitor
Acting for the Commonwealth respondents in Federal Court proceedings concerning legal representation in class action proceedings: Paschke v Secretary, Department of Social Services [2023] FCAFC 143, instructed by Australian Government Solicitor
Acting for a respondent wind farm operator in Federal Court proceedings alleging breaches of the National Electricity Rules in connection with the 2016 South Australian blackout: Australian Energy Regulator v Pacific Hydro Clements Gap Pty Ltd [2021] FCA 733, led by Philip Solomon KC, instructed by Allens
Acting for the defendants in two proceedings in the Victorian Supreme Court and Court of Appeal concerning political party preselection and disciplinary processes: Asmar v Albanese [2021] VSC 782, 672, 334, 324, 263, [2022] VSCA 19; Kairouz v Bracks [2021] VSC 783, 671, 130, led by Peter Willis SC and Tony Lang, instructed by Holding Redlich
Acting for a union in freedom of information proceedings in the Victorian Civil and Administrative Tribunal concerning access to a report of an inquiry in the TAFE sector: Department of Education and Training v Australian Education Union [2019] VCAT 1667, instructed by the AEU
Acting for the defendants in a proceeding in the Supreme Court of Victoria concerning a political party preselection: Barker v Australian Labor Party & Ors [2018] VSC 596, 646, instructed by Holding Redlich
Acting for the Secretary to the Department of Justice and Regulation in the Supreme Court of Victoria and the Court of Appeal opposing a judicial review application to restrain the conduct of the VEOHRC Independent Equity and Diversity Review of the Country Fire Authority and the Metropolitan Fire Brigade: United Firefighters’ Union v VEOHRC & Anor [2018] VSCA 252; [2017] VSC 773, led by Melinda Richards SC, instructed by Victorian Government Solicitor’s Office
Advising Victorian Government agencies on various constitutional and legislative issues (2016-2017, 2020), with Kristen Walker QC and Richard Niall QC, Solicitors-General for Victoria, instructed by Victorian Government Solicitor’s Office
Acting for several third parties in freedom of information proceedings in the Victorian Civil and Administrative Tribunal concerning access to commercial information: Medibank Private Ltd v Alfred Health & Ors (2017), instructed by Herbert Smith Freehills (settled)
Acting for the applicant in freedom of information proceedings in the Victorian Civil and Administrative Tribunal concerning access to research data: Johnson v Cancer Council Victoria [2016] VCAT 1596, led by Charles Scerri KC, instructed by Herbert Smith Freehills
Acting for the Commonwealth in Federal Court proceedings concerning the Royal Commissions Act 1902 (Cth): CW3 v Commonwealth of Australia (2014), led by Stephen Donaghue KC, instructed by Australian Government Solicitor (settled)
Acting for the appellant union in High Court proceedings concerning the constitutional validity and statutory interpretation of retrospective legislation: Australian Education Union v General Manager of Fair Work Australia [2012] HCA 19, led by Peter Hanks KC, instructed by Holding Redlich
Acting for the respondent Members of Parliament in election petition proceedings in the Federal Court under the Commonwealth Electoral Act 1918 (Cth): Green v Bradbury [2011] FCA 71, Freemantle v O'Neill [2011] FCA 72, led by Bret Walker SC and Tony Lang, instructed by Slater + Gordon
Acting for a defendant in an injunction application in the Supreme Court of Victoria concerning a political party preselection: Jackson v Bitar [2011] VSC 11, led by Kristine Hanscombe KC, instructed by Holding Redlich
Industrial law
Acting for an employer organisation in an application to vary the General Retail Industry Award: Application by the Australian Retailers Association [2024] FWCFB 197, 251, , instructed by King & Wood Mallesons
Acting for certain respondent franchisees in a class action in the Federal Court concerning paid breaks in the fast food industry: Singh v Kentucky Fried Chicken Pty Ltd [2024] FCA 1180, instructed by Corrs Chambers Westgarth
Acting for a respondent labour hire company in a class action in the Federal Court concerning casual employment: Ridge v Hays Specialist Recruitment (Australia) Pty Ltd [2024] FCA 328, instructed by Corrs Chambers Westgarth
Acting for the applicant income protection insurer in Federal Court proceedings involving claims under the ASIC Act: ATC Insurance Solutions Pty Ltd v United Firefighters' Union of Australia [2023] FCA 566, instructed by Holding Redlich
Acting for several teachers in Federal Court proceedings under the Disability Discrimination Act 1992 (Cth) concerning reasonable adjustments: Dunwill & Ors v Secretary to the Department of Education and Training (2019-), instructed by Holding Redlich
Acting for the respondent in a class action and regulatory proceeding in the Federal Court alleging underpayment under the General Retail Industry Award: Pabalan v Coles Supermarkets Australia Pty Ltd [2021] FCA 118 and Fair Work Ombudsman v Coles Supermarkets Australia Pty Ltd, led by Rachel Doyle SC and Marc Felman KC, instructed by Herbert Smith Freehills
Acting for the respondent labour hire companies in two class actions in the Federal Court concerning casual employment: Turner v TESA Mining (NSW) Pty Ltd & Ors [2019] FCA 1644, [2022] FCA 151 and Hill v Skilled Workforce Solutions (NSW) Pty Ltd (2019-), led by Paul O'Grady KC, instructed by Herbert Smith Freehills
Acting for the applicant teacher in a proceeding in the Federal Court alleging breaches of an enterprise agreement concerning fixed term employment at a TAFE institute: Kappes v Goulburn Ovens Institute of Technical and Further Education (2017-18), instructed by Holding Redlich
Acting for the respondent union in an application by a university in the Fair Work Commission to terminate an enterprise agreement: Murdoch University [2017] FWCA 4472; and for the respondent union and its officers in Federal Court proceedings concerning enterprise bargaining: Murdoch University v National Tertiary Education Industry Union & Ors [2017] FCA 1507, led by Richard Attiwill QC, instructed by Maurice Blackburn
Acting for the applicant Commonwealth regulator in civil penalty proceedings in the Federal Court alleging breaches of statutory governance obligations by the Health Services Union and its former officers: General Manager of the Fair Work Commission v Thomson [2015] FCA 308 and 1001, led by Stephen Donaghue KC, instructed by Corrs Chambers Westgarth; and General Manager of Fair Work Australia v Health Services Union & Ors [2014] FCA 970, led by Stephen Donaghue KC, instructed by Australian Government Solicitor
Acting for the applicant union in an application in the Fair Work Commission for a majority support determination relating to editorial staff in the Australian Football League's media operation, AFL Media: Media, Entertainment and Arts Alliance v Australian Football League [2014] FWC 8898, instructed by Maurice Blackburn
Acting for the applicant Commonwealth regulator in civil penalty proceedings in the Magistrates' Court of Victoria alleging underpayment of award wages and record-keeping contraventions by a 7-Eleven franchisee affecting employees on international student visas: Fair Work Ombudsman v Bosen Pty Ltd & Ors [2011] VMC 21, instructed by Maurice Blackburn and FWO
Acting for the applicant Commonwealth regulator in civil penalty proceedings in the Federal Magistrates' Court alleging underpayment of award wages affecting employees on 457 visas and apprentices: Fair Work Ombudsman v Taj Palace Tandoori Indian Restaurant Pty Ltd [2012] FMCA 258, instructed by FWO; Fair Work Ombudsman v Bottcher [2010] FMCA 956, instructed by FCB Workplace Law
Acting for the applicant forensic scientist in Federal Court proceedings against the Chief Commissioner of Police seeking an injunction against suspension from employment under the Public Administration Act 2004 (Vic): Quinn v Overland [2010] FCA 799, led by Rachel Doyle SC, instructed by Maurice Blackburn
Acting for the respondent employer in proceedings in Fair Work Australia concerning a dismissal based on redundancy: Nichols v Hoad Fabrics Corp Pty Ltd [2010] FWA 6205, instructed by Holding Redlich
Acting for the respondent employee in appeal proceedings in Fair Work Australia concerning the power to grant permission to appeal: GlaxoSmithKline Australia Pty Ltd v Makin [2010] FWAFB 5343, instructed by the National Union of Workers
From 04 Jun 2009, liability limited by a scheme approved under Professional Standards legislation.
Practises mainly in civil jurisdiction of all courts including VCAT.
Significant experience in Personal Injuries, Contract/Commercial disputes, Industrial Relations Commission (Employment). Mediator. Paperwork. Experienced in publishing, television and recording contracts/negotiations/disputes.
Christina specialises in commercial law and appears in trial and appellate courts in all jurisdictions in Australia.
Current and recent matters of significance include:
Before coming to the bar, Christina was a Senior Lawyer in ASIC's Financial Services Enforcement directorate.
In addition to an LLB (Monash), Christina holds a LLM, BCom (Economics) and BA from the University of Melbourne.
Christina is co-author with Philip Crutchfield QC of a chapter published in Insolvent Investments (LexisNexis, 2015).
From 24 Oct 2013, liability limited by a scheme approved under Professional Standards legislation.
Paul has been in continuous practice at the Victorian Bar since 1981, after completing his Articles at Galbally and O'Bryan. He was articled to Frank Galbally.
Over his many years at the Bar Paul has gained extensive experience in a wide range of areas, including prosecuting for the Children's Protection Society, junior counsel in 2 murder trials ( R v Stewart) and in the successful Supreme Court Appeal of Spurritt v DPP [2021] VSCA 7 resulting in the acquittal of all historic sexual offences charges, Family Law, Employment Law, Building Disputes, LandLord and Tenant Disputes, Neighbour Disputes, VCAT, Federal AAT work for the AGS, general Criminal Law, County Court appeals, and Supreme Court Reviews of Magistrate Court decisions, notably C L Seward & Co. Pty Ltd v Thompson. (1992) 17 MVR 70.
His expertise extends to Motor Vehicle Collisions and Motor Traffic Prosecutions, Criminal Law, Stalking and Crimes Family Violence.
He was also the Senior Prosecutor for the Melbourne Market Authority between 2003 and 2015. He settled and finalised the 2012 By Laws of the Authority.
He is on the key insurers panel of counsel, and previously for Yarra Trams.
Finally he sits on the Australian Boxing Tribunal as required, and has mentored for the Monash Alumni Program.
Paul speaks and writes Greek fluently, having worked in Greece as a Legal Consultant in 1980.
Paul practises in common law for both plaintiffs and defendants / insurers.
Paul has particular experience in medical negligence and also appears in public liability, product liability, class actions, professional disciplinary matters for medical practitioners and appeals. He frequently appears unled or leading.
He is recommended by Doyle’s Guide in Insurance and Personal Injury Law and has been since 2019.
Before coming to the bar, Paul was a senior associate at DLA Piper. He read with Judge Patricia Riddell and his senior mentor was Ross Gillies KC.
From 27 Oct 2016, liability limited by a scheme approved under Professional Standards legislation.
Joanne's expertise and interest is in environmental and planning law. She appears regularly before the Victorian Civil and Administrative Tribunal, Planning Panels Victoria and the Supreme Court of Victoria.
Joanne has accepted briefs to represent and provide advice to the Minister for Planning, State Government departments, statutory authorities, developers & proponents, responsible & planning authorities and third party objectors. Joanne’s approach benefits from the extensive and broad experience she gained working as Legal Counsel in Local Government and as a Senior Associate specialising in commercial litigation in private practice.
In addition to her expertise in town planning, Joanne specialises in matters relating to contaminated land, wind farms, landfills, water (including review of decisions for groundwater licences and prosecutions under the Water Act), climate change, quarries, hazardous waste and noise & odour emissions
.
Joanne is the legal editor of Victorian Planning Reports and a co-author of VCAT Decisions in Planning News.
She is a member of the Victorian Bar’s Climate Change and Environmental Law Panel, the Victorian Planning and Environmental Law Association and the Law Institute of Victoria’s Planning and Local Government Committee.
From 12th Feb 2009, liability limited by a scheme approved under Professional Standards Legislation
Before commencing his career in the law, Simon spent 5 years working in Tokyo for the Australian North West Shelf Project (NWSP) Oil and Gas Division at Mitsubishi Corporation where he was engaged in economic analysis of the depletion of the NWSP oil and gas fields.
In 1993 he moved to North East England where he read Law at the University of Durham (1993-1996) and in 1997 completed his Legal Practice Certificate at the College of Law in York.
He worked for a Japanese bank in London before working in various law firms in Perth, WA. He then commenced work as an Australian Regular Army Legal Officer at the 1st Brigade in Darwin then worked as a prosecutor before he moved to William Forster Chambers in July 2005.
Simon is now a Reserve Navy Legal Officer. He is fluent in both French and Japanese. He was the Secretary/Treasurer of the NT Bar Association for several years, a member of the Criminal Lawyers Association of the NT (CLANT) Committee, member of NT Red Cross Division advisory board, chair of the International Humanitarian Law committee, a LEADR qualified Mediator and a Registered Adjudicator, Construction Contracts (Security of Payments) Act (NT). Simon completed his Master of Laws (University of Melbourne) in 2011. Simon was the honorary consul for the Kingdom of Belgium in the NT and also a visiting lecturer (military law) at Charles Darwin University.
From his extensive experience in criminal trials and appeals, Simon has developed expertise in all areas of the criminal law.
From 01 Jul 2016, liability limited by a scheme approved under Professional Standards legislation.
John has a broad commercial practice with a particular interest in professional negligence matters. John also acts in matters involving contract law, property law (including leasing), insolvency and bankruptcy, the Corporations Act 2001 (Cth) and incorporated associations.
John also acts in wills, probate and family provision matters.
John is a Nationally Accredited Mediator and accepts briefs to mediate commercial disputes, wills and probate and family provision matters and disputes involving incorporated associations.
John also has experience in sports law having been a tribunal member for the Victorian Amateur Football Association (VAFA) since 2018. John is also the chair of the Independent Integrity Division at the VAFA and has undertaken racial discrimination conciliations on behalf of the VAFA.
John is an author for the Victorian Courts civil procedure commentary published by Thomson Reuters. John graduated from the University of Melbourne with bachelors degrees in Laws (Hons) and Arts.
Cases can be found here.
From 01 May 2014, liability limited by a scheme approved under Professional Standards legislation.