His Honour David Brookes SC
Mediator & Arbitrator (Former Judge of the County Court of Victoria)
Profile
David Brookes is a highly experienced dispute resolver and former trial judge whose practice spans complex personal injury and disease litigation, professional negligence (including medical negligence), workplace and transport accident claims, institutional abuse matters, coronial work, and catastrophic injury. He took silk in 2007 after more than three decades at the common law bar, appeared regularly in the High Court of Australia and the Victorian Court of Appeal, and was counsel in major public inquiries including the Metropolitan Ambulance Service Royal Commission and the HIH Royal Commission. He now practises predominantly as a mediator and arbitrator.
Judicial Service
Mediation & ADR
Bar Career
Royal Commissions & Public Inquiries (Counsel)
Areas of Practice (as Mediator/Arbitrator)
Selected Appellate Experience
Teaching & Speaking
Education
Publications & Reports (Royal Commissions)
Hayley has a broad insurance, administrative and injuries practice, appearing in all Victorian and Tasmanian Courts. She acts across the common law landscape, with a core practice in health law. She regularly provides advice in indemnity and coverage disputes, as well as policy interpretation. Hayley is frequently briefed to advise on procedural issues and appear in interlocutory applications.
In addition to her background in insurance litigation, Hayley has a particular interest in appellate matters, judicial review of Medical Panel determinations, sports law and bioethics.
Hayley holds a Bachelor of Laws and a Bachelor of Biomedical Science from Monash University.
Hayley read with Ben Jellis SC and her Senior Mentor is Dr Michael Rush KC.
Her recent cases include:
Liability limited by a scheme approved under Professional Standards legislation.
Anna practises primarily in commercial and public law.
Before coming to the Bar, Anna was an associate to Justice Stephen Gageler AC at the High Court of Australia (now Chief Justice of Australia). Anna also worked as Tipstaff to the Hon Justice David Hammerschlag of the Supreme Court of New South Wales. Most recently she was a Senior Associate at Clifford Chance, practising in general commercial litigation. Anna is admitted as an attorney in New York, and was previously an associate at Quinn Emanuel Urquhart & Sullivan LLP.
Anna holds a Masters of Law from Columbia Law School and a Bachelor of Laws with first class honours from the University of New South Wales.
Anna is reading with Olaf Ciolek. Her senior mentor is Philip Solomon KC.
Liability limited by a scheme approved under Professional Standards Legislation
Hamish practises in commercial law at both trial and appellate levels. Examples of cases (including links to judgments on Austlii, where available) are listed below.
Commercial
Transit Pty Ltd & Anor v Arch Underwriting at Lloyd's (Australia) Pty Ltd & Ors [2024] VSC 632 Costs ruling where Plaintiffs' wholly unsuccessful and multiple Defendant insurers separately represented.
Transit Pty Ltd & Anor v Arch Underwriting at Lloyd's (Australia) Pty Ltd & Ors [2024] VSC 485 Indemnity dispute for business interruption costs arising out of the COVID-19 pandemic. With David Collins KC instructed by Clyde & Co
Sayers Property Holdings Pty Ltd v AIG Australia Ltd [2024] VSC 139 Whether an insured had suffered loss “resulting from a claim” or had established the amount claimed under a policy of liability insurance was a reasonable settlement. With Hannah Douglas instructed by Hall & Wilcox.
Dessmann, in the matter of Dessmann [2023] FCA 1019 Appeared as amicus curiae on an application for an order that the applicant not be a disqualified person under s 126J(1)(b) of the Superannuation Industry (Supervision) Act 1993 (Cth).
Lendlease Engineering Pty Ltd v Owners Corporation No 1 [2022] VSCA 105 Statutory interpretation of s 134 of the Building Act 1993 concerning the limitation period to apply to projects with multiple occupancy permits and related issues as to joinder of parties. Led by Ian Waller QC, instructed by Thomson Geer.
Lendlease Engineering Pty Ltd v Owners Corporation No. 1 [2021] VSC 471 Costs ruling where issues decided in favour of both appellant and respondents. Instructed by Thomson Geer.
Auslong Development Management Pty Ltd v Morey [2021] VSC 250 Application for leave to appeal, and appeal, from a decision of the VCAT concerning the operation of Part IV of the Property Law Act 1958 (Vic).
Mercer Superannuation (Australia) Limited v Billinghurst [2017] FCAFC 201 Superannuation – decision of Superannuation Complaints Tribunal setting aside decision of Trustee and remitting it for reconsideration, where Trustee adopted a valuation based on calculations of Plan Actuary who had advised the employer. Whether the Trustee’s decision was fair and reasonable in the circumstances. Led by Jonathan Brett QC instructed by Greenfields Lawyers.
Re Simonds Group Limited [2016] VSC 609 Application by a minority shareholder to delay implementation of a Scheme of Arrangement to avoid loss and potential oppressive conduct. Led by Ian Waller QC, instructed by Madgwicks Lawyers.
FSS Trustee Corporation v Eastaugh & Anor [2016] VSC 636 (Commercial Court, McDonald J); construction of a superannuation trust deed and whether payments made to members of a defined benefit scheme constituted salary (led by David Robertson QC, instructed by Greenfields Lawyers).
Banksia Securities Limited v Patrick Godfrey & Ors (Commercial Court,Supreme Court of Victoria, ongoing): Collapse of Banksia Securities Limited and associated losses to the company and debenture-holders. Acting for an insurer of a professional advisor party (led by Chris Caleo QC, instructed by Hall & Wilcox).
Nguyen v Phan (No 2) [2015] VSC 634(Commercial Court, Elliott J): a shareholder dispute involving allegations of breaches of fiduciary duties and accessorial liability with a counterclaim alleging breaches of the Corporations Act 2001 (Cth) and oppression (led by Ian Waller QC with Kate Burgess as junior counsel, instructed by Baker & McKenzie)
Minh Nguyen & Ors v Tu Phan & Ors [2015 VSC 32]: interlocutory ruling during trial concerning application to amend pleadings.
Kilkenny Walsh Pty Ltd v Strasburger Enterprises (Properties) Pty Ltd [2014] VSC 117: breach of contract arising from the purchase of land formerly used as a service station (led by Ian Waller QC, instructed by Best Hooper).
Wain & Ors v Drapac & Ors [2012] VSC 156: beneficial ownership of shares in companies and unit trusts and oppression (led by Ian Waller QC, instructed by Isakow Lawyers).
Wain & Ors v Drapac & Ors (No. 2) [2013] VSC 381: separate question on entities to be taken into account for order of purchase of shares and units (led by Ian Waller QC, instructed by Isakow Lawyers).
Drapac & Ors v Wain & Ors [2013] VSCA 19: application for stay of judgment pending appeal (led by Ian Waller QC, instructed by Isakow Lawyers).
Exxon Mobil Superannuation Plan Pty Ltd v Esso Australia Pty Ltd [2010] VSC 357: rectification of trust deed (led by Jennifer Batrouney SC and Stephen McLeish, instructed by Minter Ellison).
Berndale Securities Ltd v How Trading Pty Ltd[2010] VSC 216: default by client of contract with options trading clearing house; limitations on liability of client to indemnity broker (led by Paul Anastassiou QC, instructed by Blake Dawson).
Ipex v Melbourne Water Corporation [2009] VSC 383: misleading and deceptive conduct and information technology outsourcing agreement (led by Ian Waller QC and Alan Sandbach, instructed by AJH Lawyers).
Gunns Ltd v Marr [2008] VSC 464: interlocutory ruling on redaction of documents for confidentiality and irrelevance (with Ian Waller QC instructed by Clayton Utz).
Biota Scientific Management v Glaxo Group Ltd (Supreme Court of Victoria Sep 2006 – July 2008): breach of contract and best endeavours clause led by John Karkar QC and Michael Wheelahan QC, instructed by Deacons).
Yarra Capital Group v Sklash [2006] VSCA 109: whether default clause a penalty (led by Nemeer Mukhtar QC, instructed by Clayton Utz).
Masha Nominees v Mobil Oil Australia[2006] VSC 15: breach of contract arising from purchase of land formerly used as a petrol station (led by Ian Waller, instructed by Ashley West & Co).
Re Simonds Group Limited [2016] VSC 609: Application by a minority shareholder to delay implementation of a Scheme of Arrangement to avoid loss and potential oppressive conduct. Led by Ian Waller QC, instructed by Madgwicks Lawyers.
Insurance
Sayers Property Holdings Pty Ltd v AIG Australia Ltd [2024] VSC 139 Whether an insured had suffered loss “resulting from a claim” or had established the amount claimed under a policy of liability insurance was a reasonable settlement. With Hannah Douglas instructed by Hall & Wilcox.
Sayers Property Holdings Pty Ltd v AIG Australia Ltd [2022] VSC 377 Waiver of client legal privilege in the context of a claim against an insurer for indemnity following the settlement of a proceeding. With Ella Zauner, instructed by HWL Ebsworth.
Entyce Food Ingredients Pty Ltd v CGU Insurance Limited [2020] VSC 757 Construction of general and products liability insurance policy and commercial contracts in the context of a recall and withdrawal and loss of frozen berry products due to contamination of food products with Hepatitus A. Led by Michael Thompson QC, instructed by William Abbott and Associates.
Bergman v CGU Insurance Ltd [2016] VSC 81 (Commercial Court, Hargrave J); insurance, non-disclosure and misrepresentation; whether policy responded (led by Chris Caleo QC, instructed by Cornwall Stodart).
Banksia Securities Limited v Patrick Godfrey & Ors (Commercial Court,Supreme Court of Victoria, ongoing): Collapse of Banksia Securities Limited and associated losses to the company and debenture-holders. Acting for an insurer of a professional advisor party (led by Chris Caleo QC, instructed by Hall & Wilcox).
Leading Synthetics Pty Ltd v Adroit Insurance Group [2011] VSC 467: estoppel and credit risk insurance (led by Chris Caleo QC, instructed by McCabe Terrill Lawyers).
Mainstream Aquaculture v Calliden Insurance Ltd [2011] VSC 286: construction of commercial insurance contract (led by Chris Blanden QC instructed by GTR Lawyers).
Twentieth Super Pace Nominees v Australian Rail Track Corporation [2006] VSC 353: action in contract and negligence arising out of a train derailment (led by Chris Blanden QC, instructed by McCabe Terrill).
Twentieth Super Pace Nominees v Australian Rail Track Corporation [2006] VSC 500: Decision on damages where split trial.
Environmental and Public Law
VicForests v Friends of Leadbeater's Possum Inc [2021] FCAFC 66 Statutory interpretation of regulatory scheme established under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) are related legislation. Led by Ian Waller QC, and with Rebecca Howe, instructed by Baker McKenzie.
Environment East Gippsland v VicForests [2021] VSC 869 Application for interlocutory injunctions restraining forestry operations in certain parts of Victorian State forest. Led by Philip Solomon QC, and with Hannah Douglas, instructed by Johnson Winter Slattery
Environment East Gippsland Inc v VicForests [2021] VSC 569 Application for interlocutory injunctions restraining forestry operations in certain parts of Victorian State forest. Leading Rebecca Howe, instructed by Johnson Winter Slattery
Kinglake Friends of the Forest Inc v VicForests [2021] VSC 788 Application for interlocutory injunctions restraining forestry operations in certain parts of Victorian State forest. Leading Hannah Douglas, instructed by Johnson Winter Slattery
Environment East Gippsland Inc v VicForests [2021] VSC 406 Application for interlocutory injunctions restraining forestry operations in certain parts of Victorian State forest. Leading Rebecca Howe, instructed by Johnson Winter Slattery
Friends of Leadbeater’s Possum Inc v VicForests [2021] HCATrans 215 Application for special leave to appeal a judgment of the Full Federal Court. Led by Bret Walker SC and Ian Waller QC, instructed by Baker McKenzie.
VicForests v Friends of Leadbeater’s Possum Inc [2021] FCAFC 66; 285 FCR 70 Appeal concerning the correct interpretation of s 38(1) of the Environmental Protection Biodiversity Act 1999 (Cth). Led by Ian Waller and with Rebecca Howe, instructed by Baker McKenzie.
Friends of Leadbeater’s Possum Inc v VicForests [2018] FCA 178 Statutory interpretation of regulatory scheme established under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) are related legislation. Led by Ian Waller QC, and with Katrina Chow, instructed by Baker McKenzie.
MyEnvironment v VicForests [2013] VSCA 356; (2013) 198 LGERA 396, 206 ALR 624, [2014] ALMD 2380: statutory construction where competing purposes, and lawfulness of proposed logging in Toolangi (led by Ian Waller QC, instructed by Baker & McKenzie).
MyEnvironment v VicForests [2012] VSC 91: question of whether proposed logging in Toolangi lawful (led by Ian Waller QC, with Nasos Kaskani as junior, instructed by Baker & McKenzie).
Environment East Gippsland v VicForests [2010] VSC 335; (2010) 30 VR 1; [2012] ALMD 3348: question of whether proposed logging in East Gippsland lawful (led by Ian Waller QC, instructed by HWL Ebsworth).
Environment East Gippsland v VicForests [2009] VSC 386: interlocutory injunction and standing of environmental group (led by Ian Waller QC instructed by HWL Ebsworth Lawyers).
Environment East Gippsland v VicForests (No. 2) [2009] VSC 421: interlocutory injunction, whether security in addition to undertaking should be provided in public interest litigation (led by Ian Waller QC, instructed by HWL Ebsworth Lawyers).
Other
Catch the Fire Ministries v Islamic Council of Victoria [2006] VSCA 284; (2006) 15 VR 207, 235 ALR 750, 206 FLR 56.: religious vilification (led by Brind Woinarski QC and Debbie Mortimer SC, instructed by Allens Arthur Robinson).
Liability limited by a scheme approved under Professional Standards legislation.
Matthew is a leading industrial relations and employment barrister with extensive experience acting for many of Australia's largest companies in all jurisdictions. Matthew has a national practice and appears for clients across Australia in all areas of industrial and employment law, including an extensive appellate practice.
Matthew has particular experience in the building and construction, infrastructure, maintenance and engineering, mining, oil and gas, airlines, maritime, stevedoring, vehicle and the metal/electrical trades industries, as well as with a broad range of State and Federal Government agencies and instrumentalities.
Before joining the Bar in 2008, Matthew was a Senior Associate at Freehills (now Herbert Smith Freehills) in its Employee Relations Group. Matthew spent 2003 as Associate to Senior Deputy President Cartwright of the Australian Industrial Relations Commission, based in Sydney.
Matthew was named as preeminentin the category of Junior Counsel in the Doyle's Guide, Leading Employment & Industrial Relations Barristers Melbourne 2016 and in the Leading Employment and WHS Barristers - Melbourne 2017.
Major cases include:
High Court of Australia
Esso Australia Pty Ltd v AWU; AWU v Esso Australia Pty Ltd [2016] HCATrans 311
Full Court of the Federal Court of Australia
Qube Ports Pty Ltd v McMaster [2016] FCAFC 123;
Regional Express Holdings Ltd v AFAP [2016] FCAFC 147
Esso Australia Pty Ltd v Australian Workers’ Union [2016] FCAFC 72; (2016) 258 IR 396;
Maritime Union of Australia v Fair Work Commission [2015] FCAFC 56; (2015) 230 FCR 15;
CFMEU v Director of the FWBII [2014] FCAFC 101; (2014) 225 FCR 210;
State of Victoria v CFMEU [2013] FCAFC 160; (2013) 218 FCR 172;
ABCC v McConnell Dowell Constructors (Aust) Pty Ltd [2012] FCAFC 93; (2012) 203 FCR 345;
JJ Richards & Sons Pty Ltd v FWA [2012] FCAFC 53; (2012) 201 FCR 297;
Australian Industry Group v FWA (No 2) [2012] FCAFC 138; (2012) 228 IR 68
Australian Industry Group v FWA [2012] FCAFC 108; (2012) 205 FCR 339;
Federal Court of Australia
Simpson v Secretary, Department of Employment [2017] FCA 9
Director of the FWBII v CFMEU (No 2) [2016] FCA 436;
Director of the FWBII v CFMEU (The Yarra’s Edge Case) [2016] FCA 772
Regional Express Holdings Ltd v AFAP [2016] FCA 367
Murdoch University v NTEIU [2016] FCA 1151
Qube Ports Pty Ltd v McMaster [2016] FCA 59;
IEUA v Australian International Academy of Education Inc [2016] FCA 686;
IEUA v Australian International Academy of Education Inc [2016] FCA 140;
Director of the FWBII v CFMEU (No 2) (The Red & Blue Case) [2015] FCA 1462
Director of the FWBII v CFMEU (The Red & Blue Case) [2015] FCA 1125; (2015) 254 IR 200
McMaster v Qube Ports Pty Ltd [2015] FCA 1385; (2015) 331 ALR 439
Esso Australia Pty Ltd v AWU [2015] FCA 758; (2015) 253 IR 304
Australian Mines and Metals Association Inc v MUA [2015] FCA 677; (2015) 251 IR 75
Director of the FWBII v CFMEU [2015] FCA 47; (2015) 323 ALR 294
Director of the FWBII v CFMEU [2014] FCA 1373;
Director of the FWBII v CFMEU [2014] FCA 770;
Dickson v Downer EDI Works Pty Ltd (No 2) [2014] FCA 1329;
Dickson v Downer EDI Works Pty Ltd [2014] FCA 1134;
Kwefio-Okai v Australian College of Natural Medicine Pty Ltd (No 2) [2014] FCA 1124;
Kwefio-Okai v Australian College of Natural Medicine Pty Ltd [2014] FCA 854;
AMWU v Visy Packaging Pty Ltd (No 3) [2013] FCA 525; (2013) 216 FCR 70
CFMEU v Mammoet Australia Pty Ltd (No 2) [2012] FCA 1404; (2012) 209 FCR 123
CFMEU v Mammoet Australia Pty Ltd [2012] FCA 850; (2012) 206 FCR 135
CJ Manfield Pty Ltd v CEPU [2012] FCA 253;
Helal v McConnell Dowell Constructors (Aust) Pty Ltd (No 3) [2011] FCA 1344; (2011) 285 ALR 281
Helal v McConnell Dowell Constructors (Aust) Pty Ltd [2010] FCA 1462; (2010) 193 FCR 213
Telstra Corporation Ltd v CPSU [2008] FCA 1421
Full Bench of the Fair Work Commission
Bristow Helicopters Australia Pty Ltd v AFAP [2017] FWCFB 487;
MUA v MMA Offshore Logistics Pty Ltd [2017] FWCFB 660
United Voice v MSS Security Pty Ltd [2017] FWCFB 651;
Qantas Airways Ltd v Dawson [2017] FWCFB 41;
MMA Offshore Vessel Operations Pty Ltd v MUA [2016] FWCFB 3957
Australian Taxation Office v Shamir [2016] FWCFB 4185; (2016) 261 IR 176
Groote Eylandt Mining Company Pty Ltd v CFMEU [2016] FWCFB 2432
CFMEU v Fair Work Commission [2016] FWCFB 2262; (2016) 261 IR 1
Lloyd & Co Pty Ltd v Suttie [2016] FWCFB 144; (2016) 257 IR 1
Kentz (Australia) Pty Ltd v CEPU [2016] FWCFB 2019;
SSX Services Pty Ltd v AWU [2015] FWCFB 3964; (2015) 250 IR 377
CEPU v Utilities Management Pty Ltd [2015] FWCFB 3240;
Esso Australia Pty Ltd v AWU [2015] FWCFB 210;
Re Maritime Union of Australia [2014] FWCFB 1973; (2014) 241 IR 216;
RACV Road Service Pty Ltd v AMWU [2014] FWCFB 1629;
Parks Victoria v AWU [2013] FWCFB 950; (2013) 234 IR 242
Re GJE Pty Ltd [2013] FWCFB 1705; (2013) 232 IR 10;
NTEIU v Monash University [2013] FWCFB 5982
Full Bench of Fair Work Australia
CJ Manfield Pty Ltd v CEPU [2012] FWAFB 3534; (2012) 222 IR 457
FWA v Schweppes Australia Pty Ltd [2012] FWAFB 7858; (2012) 226 IR 236;
CEPU v CJ Manfield Pty Ltd [2011] FWAFB 6845; (2011) 213 IR 389
Australian Industry Group v ADJ Contracting Pty Ltd [2011] FWAFB 6684; (2011) 213 IR 165
CFMEU v Moyle Bendale Timber Pty Ltd [2011] FWAFB 6761; (2011) 213 IR 157
Ballarat Truck Centre Pty Ltd v Kerr [2011] FWAFB 5645; (2011) 212 IR 277;
JJ Richards & Sons Pty Ltd v TWU [2011] FWAFB 3377; (2011) 210 IR 231;
Technip Oceania Pty Ltd v Tracey [2011] FWAFB 6551;
Barton v GM Holden Ltd [2011] FWAFB 7604;
Webb v RMIT University [2011] FWAFB 8336
Coles Group Supply Chain Pty Ltd v National Union of Workers [2011] FWAFB 2425; (2011) 208 IR 44
Ziogas v Telstra Corporation Ltd [2010] FWAFB 2664; (2010) 195 IR 286;
Liability limited by a scheme approved under Professional Standards Legislation.
Georgia has substantial trial and interlocutory experience across a broad range of practice areas with a focus on commercial, corporations, property and common law matters. She appears regularly in all courts and tribunals (both as junior counsel and unled).
Before coming to the Bar, Georgia was the Senior Associate to the Honourable Justice Kennedy.
Georgia read with Kate Anderson and her senior mentor is the Honourable Justice Peter Riordan.
Example list of cases:
Liability limited by a scheme approved under Professional Standards legislation.
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:
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:
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.
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.
Tony is a specialist mediator (Victorian Bar Advanced Mediator and AMDRAS accredited) and an experienced facilitator of expert witness conclaves. He has over 30 years’ experience in commercial litigation and has practised as a mediator for the past 17 years.
He has particular expertise in disputes involving commercial contracts and torts, insurance, construction, professional and government liability, environmental law, and proportionate liability.
Tony’s work has been cited by the High Court of Australia (Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2024] HCA 24; P-Value Pty Ltd v Wellara Holdings Pty Ltd & Ors [2017] HCATrans 78) and in leading legal texts, including Cheshire & Fifoot, Law of Contract (12th Aust ed.) and Thomson, Warnick and Martin, Commercial Contract Clauses (4th ed.).
He is consistently recognised in Doyle’s Guide as:
Tony has advised government and industry on law reform, with a focus on proportionate liability, insurance, building regulation and professional liability. His report, Proportionate Liability: Towards National Consistency, was prepared for the Standing Committee of Attorneys-General as part of its review of the national legislative framework.
He is a Sessional Member of the Victorian Civil and Administrative Tribunal (Building and Property List; Legal Practice List), where he regularly conducts compulsory conferences, hearings, and expert conclaves. He is also a Senior Fellow at Melbourne Law School, lecturing in construction and insurance law.
Before coming to the Bar, Tony was a partner at DLA Piper (then Phillips Fox) for 10 years.
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.
Fatmir is an experienced commercial and regulatory litigator specialising in contractual and corporate law disputes; tax disputes; environmental, major torts and product liability claims; regulatory investigations and prosecutions as well as proceedings before inquisitorial forums including coronial investigations and inquests, IBAC and Ombudsman's investigations; Judicial, Parliamentary and Royal Commissions of Inquiry.
Prior to coming to the Bar, Fatmir was a Partner in the Disputes team at Gadens Melbourne (2010-2017) and a Senior Associate in the litigation group at Blake Dawson (now Ashurst).
Fatmir is the current president of the National Product Liability Association and a Director of Inquire Australia.
Fatmir has been listed in the Australian Financial Review's Best Lawyers for Litigation for 2016, 2017, 2018, 2019 and 2020.
From 26th May 2017, liability limited by a scheme approved under Professional Standards legislation.
Justin has a broad commercial practice, incorporating general corporate and commercial law, insurance, building and construction, insolvency, and class actions.
Current and recent matters include:
Commercial Matters
Insurance
Building and Construction
Practice and Procedure
Before coming to the bar, Justin was a Senior Lawyer at Clayton Utz. During his time at Clayton Utz, Justin represented clients in a variety of commercial disputes, including large product liability class actions.
Earlier, Justin was Associate to Justice Hammerschlag, head of the Commercial List of the Supreme Court of New South Wales.
Justin holds a Bachelor of Arts and Bachelor of Laws, with first class honours, from Monash University.
Liability limited by a scheme approved under Professional Standards legislation.
From 25 October 2019, Liability limited by a scheme approved under Professional Standards legislation.
Tim Connard is a specialist in commercial mediation with over two decades’ experience. He began his mediation career at the Federal Court of Australia in 2001 and now practises exclusively as a mediator.
Tim's approach is practical, principled, and highly attuned to the commercial and personal dynamics of each dispute. He is valued for his ability to put people at ease and create a calm, constructive environment for negotiations and is known for his patience and persistence.
Accreditation and recognition
Tim has been recognised as a Leading Mediator in Victoria by Doyle’s Guide every year since the list began. He holds advanced accreditation with both AMDRAS and the Victorian Bar, and has completed advanced mediation training at the Harvard Negotiation Institute’s Program on Negotiation and Bond University’s Dispute Resolution Centre.
In 2024, he was appointed a Distinguished Fellow of the International Academy of Mediators.
Career background
Tim's career has spanned private practice, in-house counsel roles, and judicial-adjacent functions. His prior roles include: Sessional Member, VCAT (2016-2020); Registrar, Federal Court of Australia (2001-2007); Senior Legal Counsel, ANZ Banking Group (1998-2001); Barrister (1994-1998; as well as 2007-present); Solicitor, private practice (1990-1994)
As a Federal Court Registrar, Tim conducted mediations in the Court's major jurisdictions -trade practices matters, intellectual property and company litigation, insolvency cases, human rights, workplace, and general commercial disputes. While at the Court, he also co-developed and delivered mediation skills training for judges and lawyers in the South Pacific, while mentoring new mediators and exercising delegated judicial powers.
At ANZ, Tim played a senior role in the bank's dispute resolution team, handling high-value and sensitive litigation, including frauds and other non-lending losses.
Areas of mediation
Tim mediates a wide spectrum of disputes, including commercial & corporate, banking & finance, professional negligence, workplace & employment, human rights & public law.
Testimonials
I found your thorough understanding of the issues and your calm and measured testing of our client’s case most refreshing. (Law firm partner)
You played a critical part in getting both sides to agree on an outcome, I felt you did this in a very down-to-earth and approachable way. Thank you for the way you engaged with me. (Mediation client)
Works at trial and appellate level and in recent years has appeared in a number of special leave applications and full appeals in the High Court in the area of Tort Law.
Liability limited by a scheme approved under Professional Standards legislation.
Cal has a broad practice in public law spanning first instance and appellate matters. Cal also accepts briefs in some commercial law, common law and industrial law matters.
He has appeared in the High Court (special leave, led), the Federal Court (led and unled), the FCFCA (led and unled), the Supreme Court of Victoria (Court of Appeal and Trial Division, led and unled), the Supreme Court of Queensland (Trial Division, led), the County Court of Victoria (unled), the VCAT (led and unled), the AAT (led) and the Coroner’s Court of Victoria (led and unled).
Cal also has experience acting for CEOs, senior executives, and Ministers of the Crown called before boards of inquiry, parliamentary inquires, regulators (e.g., APRA), anti-corruption commissions (e.g., IBAC) and ombudsmen, including when subject to compulsory examination.
Cal holds an LLM (Public Law) from the London School of Economics and Political Science (2012 to 2013), where he studied as a Chevening Scholar, and was awarded the Stanley De Smith Prize for the best overall performance in the public law specialism. In his undergraduate studies, Cal was awarded the Dean’s Merit List Award in Law.
Cal read with Nick Wood S.C., and his senior mentor was Sturt Glacken K.C.
Before coming to the Bar, Cal was Deputy General Counsel/Senior Adviser to the then Premier of Victoria (2016 to 2021), an adviser at the Department of the Prime Minister and Cabinet (2014 to 2016), and a solicitor in the commercial team at Hunt & Hunt Lawyers (2011 to 2012).
Cal currently sits on the Indigenous Justice Committee of the Victorian Bar, and is a member of Koiki Mabo Chambers.
For a sample list of cases and inquiries, click here.
From 7 May 2021, liability limited by a scheme approved under Professional Standards legislation.
Brittany practises in common law, insurance law and administrative law (judicial review), with a special interest in class actions. She is available to appear in all metropolitan and regional courts.
Before coming to the Bar, Brittany was Associate to the Honourable Justice J Forrest and the Honourable Justice Tsalamandris at the Supreme Court of Victoria. Brittany assisted their Honours in the hearing and management of civil trials (both jury and judge alone), appeals and a range of interlocutory matters. Prior to this, Brittany worked at a national firm in the area of professional indemnity insurance.
Brittany holds a Bachelor of Arts and a Master of Speech Pathology from the University of Melbourne, and a Juris Doctor from Monash University.
Brittany read with Ben Jellis KC and her senior mentor is Jeremy Ruskin KC.
Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.
Ben specialises in commercial law and appears in trial and appellate courts in all jurisdictions in Australia.
Ben was called to the Bar in 2007. He read with Stephen McLeish SC (now Justice McLeish of the Court of Appeal).
Prior to coming to the Bar Ben was an Associate to (then) Justice Finkelstein at the Federal Court of Australia, a solicitor at Blake Dawson Waldron (now Ashurst) and a management consultant.
Ben has a Juris Doctor degree from the University of Melbourne where he was awarded the Dean's Award (Stage 2) and subject prizes for taxation, trusts and evidence. Ben also holds a Bachelors degree and a Masters degree in Economics.
Ben has been listed in Doyles Guide in the areas of Leading Commercial Litigation & Dispute Resolution Junior Counsel (2023, 2024 and 2025) and Leading Insolvency & Restructuring Junior Counsel (2022, 2023, 2024 and 2025).
Ben is a past Honorary Secretary of the Bar Council and a current member of the Executive Committee of the Commercial Bar Association and a member of the Bar Readers' Course Committee.
Cases in which Ben has appeared include:
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:
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A. Overview of Court and Mediation practice
Greg came to the Bar in 1995 following 5 years as a corporate advisory and transaction lawyer with Freehills (now Herbert Smith Freehills).
Over his 29 years at the Bar, Greg has acted in a broad range of commercial and corporate law matters.
Greg is a specialist in schemes of arrangement and has acted in some 43 schemes of arrangement to effect corporate takeovers, mergers, demergers and internal corporate restructures. Greg also teaches in this area as part of the Melbourne Law Masters program and regularly gives seminars to national law firms on recent developments in this field of the law. Greg is often retained where the proposed scheme of arrangement or trust acquisition proposal is complex or novel or where shareholder activism is anticipated. Further details are set out below regarding Greg’s practice in this area.
Greg is also a nationally accredited mediator. Over the course of his career at the Bar, Greg has acted in numerous mediations across all State Courts and the Federal Court for both plaintiffs and defendants involving a broad spectrum of commercial and corporate disputes. This has included acting in multi-party mediations (often over several days). Greg brings this extensive experience and understanding to his role as mediator. Further details are set out below.
B. Schemes of Arrangement
Overview of expertise
Greg has acted in 43 schemes of arrangement (and trust acquisition proposals) including schemes to effect corporate takeovers, mergers, demergers and internal reconstructions. These have included schemes of substantial transaction value such as the 2023 $9.5b acquisition by BHP of OZ Minerals Limited (in which Greg acted for OZ Minerals).
For many years Greg has acted and appeared alone in substantial and complex schemes of arrangement. Greg has also led junior barristers in schemes of arrangement. While Greg continues to work, from time to time, with leading silks (from both Melbourne and Sydney, including in some of the schemes referred to below) in schemes of arrangement, he predominantly acts and appears alone in these matters. Greg has acted and appeared in a broad range of schemes of arrangement encompassing takeover (or change of control) schemes, demerger schemes, merger schemes, top-hatting restructure schemes, destapling restructure schemes involving share schemes and a trust scheme and internal reconstruction schemes involving orders under section 413 of the Corporations Act. Greg’s experience in this field of the law extends beyond the issues and challenges that commonly arise in schemes and includes navigating schemes through the court process in the context of complex transaction structures, bidding contests, shareholder activism and in one case acting for the acquirers where the target company was the subject of a class action proceeding.
Greg has acted for target companies, acquirers and for ASIC.
Schemes (and trust acquisition proposals) in which Greg has acted include the 2025 proposed acquisition, by scheme of arrangement, of PointsBet Holdings Ltd by MIXI Australia Pty Ltd (in which Greg acted for MIXI Australia - which scheme of arrangement did not proceed to the court approval stage), the 2024 acquisition of Capitol Health Limited by Integral Diagnostics Limited (In which Greg acted for Capitol Health), the 2023 acquisition by BHP of OZ Minerals Limited (in which Greg acted for OZ Minerals), the 2023 acquisition of SILK Laser Australia Limited by Wesfarmers (in which Greg acted for SILK Laser Australia), the 2023 Carbon Revolution Limited scheme (involving a scheme and a “de-SPAC” merger transaction in which Greg acted for Twin Ridge Capital Acquisition Corp, a special purpose acquisition company (known as a SPAC) listed on the New York Stock Exchange), the 2022 acquisition of Angel Seafood Holdings Ltd by Laguna Bay (in which Greg advised Angel Seafood in respect of certain aspects of that transaction), the 2021 acquisition by JBS Australia of the shares in Huon Aquaculture Group Limited (in which Greg acted and appeared for Huon and which involved two alternative but concurrently proposed schemes of arrangement, a simultaneous takeover bid and an associated share sale agreement in relation to the major shareholder), the 2021 acquisition proposal by NorthWest Healthcare Australia RE Limited for the units in the Australian Unity Healthcare Property Trust (an unlisted managed investment scheme) in which Greg acted for NorthWest and where the acquisition proposal was opposed by the responsible entity, the 2020 takeover of OptiComm Ltd by Uniti Group Limited (in which Greg acted and appeared for Uniti Group and which involved two competing proposals by Aware Super Pty Ltd) and the 2020 takeover of Village Roadshow Limited by BGH Capital (private equity) (in which Greg acted and appeared for Village Roadshow Corporation Pty Ltd – the largest shareholder in Village Roadshow Limited – which involved two alternative but concurrently proposed schemes of arrangement and an associated share sale agreement in relation to the major shareholder).
Further details (by category) of some of the schemes of arrangement in which Greg has acted can be found here.
Role extends beyond the Court process
Greg's work in this field extends beyond the court process and includes pre-announcement review of transaction documents, advice on discrete transactional issues, advice and input regarding the structure and content of the scheme booklet, advice regarding recourse to the Takeovers Panel and the consideration of, and proposed response to, issues raised by ASIC.
In addition to being retained by national law firms who practice in this area, Greg is also retained by boutique commercial law firms in these types of transactions.
Complex scheme structures and shareholder activism
Greg is often retained where the proposed scheme of arra where Greg acted for Huon).
Lecturing, seminars and submissions to Government and to the Court on potential areas of reform
Greg co-lectures on the subject of "Schemes of Arrangement" (as a senior fellow) in the Melbourne Masters Program (University of Melbourne Law School) (having recently taught the course in 2023 and 2024) and has often given seminars about recent developments in this area to law firms who practice in this field.
Greg was primarily responsible for the preparation of the submission made by the Commercial Bar Association of Victoria to the Treasury in June 2022 in response to the Treasury's consultation paper entitled " Corporate control transactions in Australia: consultation on options to improve schemes of arrangement, takeover bids, and the role of the Takeovers Panel".
Greg also co-authored the joint submission made by the Victorian Bar and the Commercial Bar Association to the Federal Court on its consultation letter dated 15 May 2023 regarding potential changes in the manner in which schemes of arrangement are dealt with by the Federal Court.
Greg is available to act in schemes of arrangement both in Victoria and interstate.
C. Mediation
Greg is a nationally accredited mediator and is available to act as a mediator both in Victoria and interstate.
Greg has acted in numerous mediations across all State Courts and the Federal Court for both plaintiffs and defendants involving a broad spectrum of commercial and corporate disputes, including in the following areas - partnership disputes, franchising, Corporations Act oppression proceedings, share sale agreements, misleading and deceptive conduct claims in various contexts, professional negligence claims, investor class actions following a corporate collapse, guarantee claims, insolvency (including preference claims and trading while insolvent claims), rural law matters, contractual disputes (including complex and document heavy disputes), building and construction disputes and Aged Care.
Greg has acted in multi-party mediations and understands the dynamic operating between multiple parties in the context of seeking to reach an overall settlement of a dispute. Greg has also acted in multi-day mediations and mediations which have been adjourned to enable further steps or actions to be taken by one or more of the parties in the context of the mediation process.
Greg brings this extensive experience and understanding to his role as mediator.
D. Committees and Associations
Greg is a member of:
- the Corporations Committee of the Business Law Section of the Law Council of Australia; and
- the Commercial Bar Association of Victoria.
Liability limited by a scheme approved under Professional Standards legislation.