Search Results

  • Robins Mark

    Formerly a Solicitor at Ebsworth & Ebsworth (1987-1990).

    Since coming to the Bar in 1990 Mark has practised exclusively in the diverse commercial area with principal emphasis on Professional Negligence, Banking/Finance, Corporations Law, Building and Construction, Equity, Securities, Trade Practices and non-personal injuries Insurance litigation.

    Mark’s personal interests include theatre, Dandie Dinmont Terriers and military history.

    From 3rd May 2012, liability limited by a scheme approved under Professional Standards legislation.

  • Sedal Tristan

    Tristan has significant experience in large commercial and construction disputes. He also acts regularly in professional negligence matters, including on behalf of barristers, solicitors, builders, building owners, owners corporations, building surveyors, architects, engineers and real estate agents.

    Before joining the Bar in 2008, Tristan was a commercial litigator at Minter Ellison and Mallesons Stephen Jaques.

    Published decisions in which Tristan has appeared include:

    - Zhang v Oakmont Properties Pty Ltd [2020] VSC 810

    - Oakmont Properties Pty Ltd v Duan Lan Zhang & Anor [2019] VSC 568

    - Oakmont Properties Pty Ltd v Zhang (Building and Property) [2019] VCAT 92

    - O'Keeffe v Toop & Ors [2018] VSC 421

    - Ozaltay & Anor v Atilla & Anor (No 2) [2018] VSC 764

    - Johns Lyng Commercial Builders Pty Ltd v Carrington International Pty Ltd (Building and Property) [2016] VCAT 1821

    - Rees v Rees [2016] VSC 452

    - Melina Sehr v Best Hooper Ltd [2015] VMC 32

    - Metricon Homes Pty Ltd v Hooper [2014] VSC 12

    - Hooper v Metricon Homes Pty Ltd [2014] VCAT 277

    - Clarendon Homes Vic Pty Ltd v Zalega [2010] VCAT 1202

    - Sivritas v Sivritas & Anor [2008] VSC 374

    - DPP v Williams [2004] VSC 360

  • Stuckey Scott

    Scott has an active commercial practice regularly appearing in trials and appeals in the Supreme and Federal Courts as well as in the County Court and VCAT and private arbitrations. His areas of practice involve commercial law, contractual and partnership disputes, equity and trusts, the domestic building insurance regime, VWA premium calculations and commercial negligence actionsin the agricultural sector and generally.

    Scott graduated from the University of Melbourne with a degree of LLB (Hons) and BA (Hons). Having completed articles at Freehill Hollingdale & Page he acted as associate to McGarvie J prior to his appointment as Governor of Victoria and to Harper J until 1993.

    Selected cases in which Scott has appeared are:

    Hamex Corporation Pty Ltd v Latrobe Street Ventures Pty Ltd (No 2) [2020] FCA 199 (25 February 2020)

    Clementi v Rossi [2019] VSC 725 (7 November 2019)

    Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662 (10 October 2019)

    Mirvac Victoria Pty Ltd v Liszka & Anor; Mirvac Victoria Pty Ltd v Pahor [2019] VSC 561 (23 August 2019)

    Demetrios v Lehmann [2019] VSC 301 (10 May 2019)

    Gabelich v Donaghey [2018] VSC 184 (10 May 2018)

    Bauer Consumer Media Ltd v Evergreen Television Pty Ltd [2019] FCAFC 71 (3 May 2019)

    Adventure Golf Systems Australia Pty Ltd v Belgravia Health & Leisure Group Pty Ltd [2017] VCC 185 (22 March 2017)

    Blanalko Pty Ltd v Lysaght Building Solutions Pty Ltd [2017] VSC 97 (10 March 2017)

    Jovanovic v Magri [2017] VSCA 373 (14 December 2017)

    Adventure Golf Systems Australia Pty Ltd v Belgravia Health & Leisure Group Pty Ltd [2017] VSCA 326 (8 November 2017)

    Bauer Consumer Media Limited v Evergreen Television Pty Ltd [2017] FCA 507 (12 May 2017)

    Luhan v Micallef [2017] VSC 246 (10 May 2017)

    Victorian WorkCover Authority v Divadeus Pty Ltd (in liquidation) [2016] VSCA 81 (28 April 2016)

    Alpine Petroleum Pty Ltd v Jonmac Transport Pty Ltd & Anor [2016] VCC 136 (25 February 2016)

    Feiglin v Ainsworth [2015] VSCA 326 (7 December 2015)

    Gann v Hosny [2015] VSCA 43 (16 March 2015)

    Mayer v Mayer [2015] VSC 2 (20 January 2015)

    Divadeus Pty Ltd v Victorian WorkCover Authority [2014] VSC 578 (5 December 2014)

    Bakers Investment Group (Australia) Pty Ltd v Caason Investments Pty Ltd (No 2) [2014] VSC 598 (4 December 2014)

    Feiglin v Ainsworth & Ors [2014] VSC 233 (22 May 2014)

    ACCU Ltd v Fellows [2014] VCC 581 (9 May 2014)

    Bakers Investment Group (Australia) Pty Ltd v Caason Investments Pty Ltd & Ors [2014] VSC 154 (4 April 2014)

    Feiglin v Ainsworth (No 2) [2014] VSC 376 (20 August 2014) Luong & Anor v Du (No 2) [2014] VSC 37 (14 February 2014)

    Luong & Anor v Du [2013] VSC 723 (19 December 2013)

    Kalenik v Apostolidis & Ors (No 2) [2013] VSC 395 (8 August 2013)

    Feiglin v Ainsworth (No 3) [2013] VSC 560 (21 October 2013)

    Samil Power Company Limited v Schneider & Ors [2013] VSC 382 (1 August 2013)

    Java Gold Australia & Ors v Java Gold Coffee & Ors [2013] VCC 645 (26 July 2013)

    Feiglin v Ainsworth (No. 2) [2013] VSC 83 (5 March 2013)

    Anderson v QBE Insurance (Australia) Ltd [2013] VCC 77 (22 February 2013)

    V & D Zurcas Holdings Pty Ltd v K & S Coolstores Pty Ltd & Anor [2013] VCC 75 (20 February 2013)

    The Solicitors' Trust v Oxenbould [2013] TASFC 2 (1 February 2013)

    Emu (Aus) Pty Ltd v Victorian WorkCover Authority [2012] VSC 610 (12 December 2012)

    Clifton Developments (Vic) Pty Ltd v Owners Corporation 1 Plan No. PS510766U [2012] VCC 695 (6 June 2012)

    King v Lynpete Australia Pty Ltd & Ors [2012] VSC 140 (18 April 2012)

    Dura (Australia) Constructions Pty Ltd v Victorian Managed Insurance Authority [2012] VSC 114 (30 March 2012)

    Dura (Australia) Constructions Pty Ltd v Victorian Managed Insurance Authority [2012] VSC 34 (9 February 2012)

    Oxenbould v The Solicitors' Trust (No 2) [2011] TASSC 63 (2 December 2011)

    Oxenbould v The Solicitors' Trust [2011] TASSC 57 (3 November 2011)

    United Petroleum Pty Ltd & Anor v Victorian WorkCover Authority; Emu (Aust) Pty Ltd v Victorian WorkCover Authority [2011] VSC 570 (10 November 2011)

    Feiglin & Anor v Ainsworth & Ors [2011] VSC 454 (19 September 2011)

    Winter v Equuscorp Pty Ltd [2010] VSC 419 (17 September 2010)

    Cibalevski v Ristevski (No. 2) [2010] VCC 503 (19 May 2010)

    Dura (Australia) Constructions Pty Ltd v The Victorian Managed Insurance Authority & Anor [2009] VSCA 171 (29 July 2009)

    Pearsons Barristers and Solicitors v Avison [2009] VSCA 54 (27 March 2009)

    Cibalevski, Robert v Ristevski, Saso [2009] VCC 1270 (16 October 2009)

    Aylett v Peter Rowland Catering Pty Ltd & Ors [2008] VSC 467 (11 November 2008)

    Dura (Australia) Constructions Pty Ltd v The Victorian Managed Insurance Authority & Anor [2008] VSC 483 (23 October 2008)

    Foster v Galea & Anor [2008] VSC 317 (22 August 2008)

    Allianz Australia Insurance Ltd v Douralis & Ors [2008] VSCA 72 (8 May 2008)

    Zephyr Property Developments Pty Ltd v Contractors Bonding Limited [2008] VSC 122 (24 April 2008)

    Ryan & Anor v Victorian Managed Insurance Authority [2007] VSC 474 (23 November 2007)

    Douralis and Allianz Australia Insurance Ltd v Ninety Second Sonmar P/L and Simpson [2006] VCC 1819 (27 April 2006)

    Macdonald v Australian Wool Innovation Ltd [2005] FCA 105 (18 February 2005)

    Housing Guarantee Fund Ltd v Ryan [2005] VSC 214 (23 June 2005)

    Kalenik v Apostolidis [2005] VSC 27 (18 February 2005)

    In the matter of Greek Orthodox Community of Melbourneand Victoria [2003] FCA 1269 (7 November 2003)

    Tamas v Victorian Civil and Administrative Tribunal & Ors [2003] VSCA 113 (21 August 2003)

    Caltex Australia Petroleum Pty Ltd v Calypso Haulage Pty Ltd and Ors [2003] VSC 359 (19 September 2003)

    Spitfire Nominees Pty Ltd and Anor v Hall & Thompson (a firm) [2001] VSCA 245 (20 December 2001)

    Victorian WorkCover Authority v I R Cootes Pty Ltd [2001] VSCA 85 (6 June 2001) Aliferis v Kyriacou [2000] VSCA 123 (20 July 2000)

    Croft v McNamara [1999] VSC 495 (7 December 1999)

    Northgate Valley Pty Ltd v Westpac Banking Corporation [1999] VSC 373 (15 September 1999)

    Gibson v ANZ Banking Group Ltd [1999] FCA 1327 (14 September 1999)

    Alan Chalmers v Deakin University [1997] FCA 766 (11 August 1997)

    Allen John Wilson and Joy Wilson v Hollywood Toys (Australia) Pty Ltd and John Francis Taafe [1996] FCA 1622 (18 July 1996)

    Allen John Wilson and Another v Hollywood Toys (Australia) Pty Limited and Others [1996] FCA 1296 (7 March 1996)

    Price Higgins and Fidge v Alexander J Drysdale [1995] VSC 208; [1995] VICSC 208 (27 October 1995)

    Liability limited by a scheme approved under Professional Standards Legislation.

  • Sion Renee

    Renee is an experienced trial and appellate advocate with a broad practice incorporating general commercial and contractual disputes, consumer law, media and defamation, and merits review. Renee also has experience at inquiries.

    Renee regularly appears for both plaintiffs and defendants in defamation actions and claims for injurious falsehood. She advises on pre-litigation strategy including choice of jurisdiction, having regard to factors such as the nature and extent of publication and whether a jury or non-jury trial is appropriate. She is experienced in managing defamatory disputes arising from publications in national print publications as well as online and social media including Twitter and Facebook.

    Renee represents clients in a breadth of consumer protection matters under the Australian Consumer Law including claims for misleading or deceptive conduct, false or misleading representations, unconscionable conduct, and unfair contract terms.

    Before the Administrative Appeals Tribunal, Renee has unparalleled experience acting on behalf of Registered Training Organisations and Higher Education Providers. She regularly advises and appears at stay hearings, dismissal applications and final hearings.

    A sample of cases in which Renee has appeared in a variety of jurisdictions, both led and unled, is set out below.

    Defamation

    Merits Review (Administrative Appeals Tribunal)

    • Kontea Pty Ltd v Tertiary Education Skills Quality Authority (AAT) (2020) (junior to Fiona McLeod SC) (under review).
    • Australian College of Education and Training v Australian Skills Quality Authority (AAT) (2020) (under review) .
    • Kontea Pty Ltd v Australian Skills Quality Authority (AAT) (2019) (settled).
    • Cogninet Resource Corner Pty Ltd v Australian Skills Quality Authority [2019] AATA 5165 (29 November 2019) .
    • Australian Institute of Technical Training v Australian Skills Quality Authority (AAT) (2019).
    • Methodist Ladies College v Secretary Chief Executive Centrelink 2018/M/130721 (Review of ABSTUDY payments to Methodist Ladies College) (2019).
    • Quality Training and Development Pty Ltd v Australian Skills Quality Authority (Interlocutory hearing dismissal) (2019).
    • Berkeley College Pty Ltd v Australian Skills Quality Authority (Stay hearing) (2019).
    • Bandicoot Group v Australian Skills Quality Authority (Stay hearing) (2019).
    • Banwell and Comcare (Compensation) [2016] AATA 30 (28 January 2016).

    Commercial, Contractual and Consumer Law

    Disciplinary Proceedings

    Inquiries

    Renee is a member of the Commercial Bar Association and the Women’s Bar Association.She read with Georgina Schoff QC and her senior mentor is William Houghton QC. Renee has had two readers – Geoff Lake (2018) and Sanjay Schrapel (2020).

    Before coming to the Bar, Renee practised in the Dispute Resolution group at Phillips Fox (now DLA) and Cornwall Stodart.

    From 01 Jul 2016, liability limited by a scheme approved under Professional Standards legislation.

  • Sweet Robyn

    TYPE OF PRACTICE

    Robyn has a national practice, and acts principally in industrial relations and employment law matters in both State and Federal jurisdictions.

    EXAMPLES OF RECENT CASES (the party Robyn represented is indicated by asterisks below):

    Dikele Diawara v National Australia Bank* - Federal Court of Australia (Sydney) - application for relief under the Australian Human Rights COmmission Act in relation to allegations of discrimination on the basis of sex, race and national origin - ongoing (leading Catherine Pase of Counsel)

    Pricilla Atkins v North Australian Aboriginal Justice Agency* - Federal Court of Australia (Darwin) - interlocutory application for relief from termination or purported termination in contravention of Part 3-1 of the Fair Work Act 2009 (Cth) (leading Catherine Pase of Counsel)

    United Firefighters Union v Fire Rescue Victoria* - Fair Work Commission - application for the Commission to deal with a dispute in accordance with a dispute settlement procedure - claim for increase in allowances - decision pending (leading Matt Garozzo of Counsel)

    G4S* v United Workers Union - Fair Work Commission - application for an order for suspension of protected industrial action - s 424 of the Fair Work Act - resolved by consent (leading Catherine Pase of Counsel)

    JDL v Siemens Mobility Pty Ltd* - Supreme Court of Victoria - claim for breach of employment contract - incorporation of policies into contract - decision at https://aucc.sirsidynix.net.au//Judgments/VSC/2023/T0028.pdf

    AA v Startrack Express Pty Ltd* - Victorian Civil and Administrative Tribunal - claim of sexual harassment under the Equal Opportunity Act 2010 - decision pending

    CC v Australian Unity Home Care Services* - Federal Circuit and Family Court of Australia - application for summary dismissal - (No 4) [2022] FedCFamC2G 824

    CP v Commonwealth of Australia (Australian Taxation Office)* - Federal Court of Australia - claim of age and disability discrimination - general protections claim (with Andrew Crocker) - [2021] FCA 1624 (liability); [2022] FCA 135 (costs)

    The Police Federation of Australia (Victoria Police Branch) v Victoria Police* - Fair Work Commission Full Bench - appeal against decision of DP Colman regarding application to deal with a dispute regarding VicPol's capacity to transfer officers holding "maximum time in position" roles - [2021] FWCFB 4161

    Fink v Secretary, Attorney-General’s Department* – Administrative Appeals Tribunal – application for redundancy pay under the Fair Entitlements Guarantee Act following the insolvency of an employer - [2021] AATA 734

    Lunt v Victoria International Container Terminal Pty Ltd* - Full Federal Court of Australia - appeal from decision dismissing appellant's proceeding as an abuse of process (with Stuart Wood AM QC and Nico Burmeister) - [2020] FCA 40

    Lunt v Victoria International Container Terminal Pty Ltd*- Federal Court of Australia - application for constitutional writs (with Stuart Wood AM QC and Nico Burmeister) - settled

    SR v Australian Postal Corporation* – Federal Court of Australia – application for compensation and penalties - settled

    JW v Australian Postal Corporation* - Federal Circuit Court of Australia – application for compensation and penalties - settled

    Upton v Australian Federal Police* - Federal Court of Australia – application for compensation and penalties - settled

    De Sousa v Newcrest Pty Ltd*– Supreme Court of Victoria – proceeding for damages arising from alleged breach of contract – misleading and deceptive conduct

    RS v Amazon Commercial Services Pty Ltd* - Federal Circuit Court of Australia – application for compensation and penalties - misleading and deceptive conduct - settled

    Katherine Morton v Commonwealth Scientific and Industrial Research Organisation*– Federal Court of Australia – application for compensation and penalties

    Hutchinson v Comcare*– Federal Court of Australia – application for relief under the Public Interest Disclosure Act 2013 (Cth)

    Australian Building and Construction Commission* v CFMMEU– Full Court of the Federal Court - appeal – liability and penalty orders

    Psychology Board of Australia* v Wilkinson -Victorian Civil and Administrative Tribunal - disciplinary proceedings under the Health Practitioner Regulation National Law.

    TP v Rio Tinto Shipping Pty Ltd* - Federal Court of Australia - misleading and deceptive conduct - breach of contract - settled

    Director, Fair Work Building Industry Inspectorate* v CFMEU - Federal Court of Australia (Queensland Registry) - application for injunctive relief and penalties

    Maritime Union of Australia v Fair Work Ombudsman* - Full Court of the Federal Court - appeal - liability, penalty and compensation orders

    Robyn sat on the Victorian Bar Council for two years and is the immediate past Assistant Honorary Treasurer of the Victorian Bar (2021, 2022).


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

  • Strahan Anthony

    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.

  • Solomon Philip

    Philip has a significant practice, regularly appearing in both appeals and trials: in the High Court of Australia, the Federal Court of Australia and the Supreme Court of Victoria. His principal areas of practice comprise: administrative law, contracts, commercial and corporations law, taxation, equity and trusts, insurance (including personal injury), and negligence.

    Philip is listed as a leading Australian Queen’s Counsel by Chambers and Partners (Asia-Pacific: 2018, and then each year following); as a leading commercial litigation and dispute resolution Queen’s Counsel in Victoria in Doyles Guide (2015, and then each year following); and as a Leading Silk (Class 1) in The Legal 500.

    Chambers and Partners described Philip as follows:

    Philip Solomon is widely acknowledged by interviewees as an “outstanding barrister”, a number noting that, as one source puts it, he is “a silk who involves himself as much in the detail as in the broad strategic direction of the case.” Several of his most valuable qualities are listed by a client who reports that he is “very strong in the commercial area, has great financial literacy, takes control of the situation without getting distracted by all the noise, and can spot what is going to happen.” Particularly noted for his busy appellate practice, he is also seen in tax disputes, on large commercial cases and in high-level cross-border litigation.

    Legal 500 described Philip as follows:

    Excellent written and oral advocate; crisp, clear and concise. A pleasure to deal with in running cases and works well behind the scenes with junior Counsel.

    Philip graduated from the University of Melbourne with the degree of Bachelor of Laws with First Class Honours in 1991; and was awarded a Master of Law Degree with First Class Honours from the University of Cambridge in 1994.

    Details of Philip’s previous appearances may be seen via the CV link. 



    Liability limited by a scheme approved under Professional Standards Legislation.

  • Stephenson Bill

    Bill practises primarily in commercial disputes, with a particular focus on building and construction, insolvency, and consumer law litigation, as well as arbitration.

    Before joining the bar, Bill worked at the Supreme Court of Victoria as an associate to Justice Sloss of the Commercial Court where he assisted in the hearing and conduct of complex commercial disputes and urgent applications. In his role as an associate, Bill was involved in a wide variety of commercial matters involving insolvency, bankruptcy, banking, consumer protection and property law.

    Bill also practised for two years as a solicitor at MolinoCahill Lawyers, a specialist law firm providing legal advice to clients involved in the construction, infrastructure, technology, defence, and energy and resource sectors. During his time at MolinoCahill, Bill was involved in large scale Supreme Court and Federal Court litigation, as well as mediation and arbitration, related to the construction of road, rail and pipeline infrastructure.

    Bill holds a Juris Doctor from the University of Melbourne, where he graduated in the top 10% of his class. He is reading with Robert Craig and his senior mentor is Nicholas Hopkins QC.

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

  • Siemensma Deborah

    Before signing the Bar Roll, Deborah was a solicitor at Corrs Chambers Westgarth practising in employment and industrial law. Prior to that Deborah was the Associate to Justice A.M. North in the Federal Court of Australia.

    Since coming to the Bar Deborah has practised in administrative law, public law, employment/industrial and general commercial law.

    Deborah has an Honours and a Masters degree in law.

  • Tiernan Patrick

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

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

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

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

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

    Patrick read with Jack Tracey KC.

    Recent cases include:

    Commercial Law

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

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

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

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

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

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

    Sports Law

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

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

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

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



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

  • Walter Nicholas

    Nicholas practises in commercial and tax law.

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

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

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

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

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

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

    Commercial law

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


    Tax law

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

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

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

  • Watkins Huw

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

    Commercial Disputes

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

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

    Commercial Arbitration

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

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

    Huw has recently been involved in:

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

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

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

  • Tesarsch John

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

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

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

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

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

    Liability limited by a scheme approved under Professional Standards Legislation.

  • Warne Stephen

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

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

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

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

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

  • Watts Lachlan M. F.

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

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

  • Julia Wallace

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

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

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

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

    Liability limited by a scheme approved under Professional Standards Legislation

  • Sarah Weinberg

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

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

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

    Liability limited by a scheme approved under Professional Standards Legislation.

  • Zeleznikow Sarah

    Sarah practises primarily in commercial and public law. Sarah also accepts briefs in law enforcement, quasi-criminal and some common law matters.

    Sarah is regularly briefed to advise and appear in trials, appeals and other hearings within those fields, including in competition and consumer, financial services, constitutional and statutory interpretation matters. In 2018, Sarah was part of the team of counsel assisting the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.

    Before coming to the Bar, Sarah was an Associate to the Hon Justice Stephen Gageler AC at the High Court of Australia. Sarah also worked as a Trial Division Researcher at the Supreme Court of Victoria, a solicitor in the Dispute Resolution team of King & Wood Mallesons, and a sessional lecturer in the JD program at Melbourne Law School.

    Sarah holds undergraduate degrees in Arts and Law (with First Class Honours) from the University of Melbourne, and a Master of Laws from Harvard Law School.

    Recent matters in which Sarah has been briefed include:

    Commercial and regulatory law

    • Electoral Commissioner of the Australian Electoral Commission v Laming (2024) 304 FCR 561 and [2024] HCASL 330: for the Commissioner, led by T Begbie KC
    • Karpik v Carnival plc [2023] HCA 39; (2023) 98 ALJR 45: for the Attorney-General of the Commonwealth and the ACCC, intervening, led by S Donaghue KC, Solicitor-General of the Commonwealth and R Higgins SC, with S Rajanayagam
    • Re Telstra Corporation Ltd (2023) 376 FLR 1: for the ACCC, led by M Hodge KC, with D Roche and M Salinger
    • ACCC v Ashton Raggatt McDougall Pty Ltd [2023] FCA 351: for the ACCC, led by E Bennett SC
    • Proceedings under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (Federal Court of Australia): for the CEO of AUSTRAC, led by M Hodge KC, with C Gleeson, A Poukchanski and W Liu
    • ACCC v BlueScope Steel Ltd (Federal Court of Australia): for the ACCC, led by M Hodge KC, with S Chordia (see, eg, [2020] FCA 625)
    • Vodafone Hutchison Australia Pty Ltd v ACCC [2020] FCA 117: for the ACCC, led by M Hodge KC and C Button KC, with N de Young, T Prince and D Foster
    • Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (2018): Part of the team of counsel assisting, led by R Orr KC and M Hodge KC, with A Dinelli, E Dias, M Costello, M Hosking, C Schneider and T Farhall
    • Director, Consumer Affairs Victoria v The Reject Shop [2018] FCA 211: for the respondent company, led by R Orr KC and P Neskovcin KC
    • Application for merger authorisation by Tabcorp Holdings [2017] ACompT 1; ATPR 42-550: for the ACCC, led by A McClelland KC, with K Anderson, P Thiagarajan and I Cowen
    • Abrahams v Commonwealth Bank of Australia (Federal Court of Australia, 2017, resolved prior to hearing): for the applicants, led by R Merkel KC, with E Nekvapil

    Sarah also has experience in: other aspects of Part IV of the Competition and Consumer Act 2010 (Cth), including misuse of market power (Federal Court of Australia, led by R Orr KC, with D Roche) and informal merger clearances (led by P Collinson KC with S Hogan and S Rajanayagam); the Australian Consumer Law (led by M Hodge KC); and proceedings under the Australian Securities and Investments Commission Act 2001 (Cth).

    Constitutional law

    • Maxwell v Hersant (Magistrates’ Court of Victoria, Case No P12425201): for the Attorney-General of Victoria, intervening
    • YBFZ v The Commonwealth [2024] HCA 40; (2024) 99 ALJR 1: for the Commonwealth, led by S Donaghue KC, with M Hosking
    • Albyn Queensland Pty Ltd v Australian Postal Corporation [2024] VSC 584: for the Attorney-General of Victoria, intervening, with L Chircop
    • Yuan An v Australian Broadcasting Corporation [2024] VSC 518: for the Attorney-General of Victoria, intervening, with L Chircop
    • Vanderstock v Victoria [2023] HCA 30; (2023) 98 ALJR 208: for the State of Victoria, led by R Orr KC, Solicitor-General for Victoria, with M Salinger
    • Carr v Attorney-General of the Commonwealth [2023] FCA 1500: for the Attorney-General of the Commonwealth, led by T Begbie KC
    • Unions NSW v New South Wales [No 3] [2023] HCA 4; (2023) 277 CLR 627: for the Attorney-General of the Commonwealth, intervening, led by S Donaghue KC, with S Rajanayagam
    • Thurin v Krongold Constructions (Aust) Pty Ltd [2022] VSCA 226; (2022) 407 ALR 187: for the Attorney-General of the Commonwealth, intervening, led by G Hill SC
    • Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Montgomery (High Court of Australia, resolved prior to judgment): for the Northern Land Council, intervening, led by S Glacken KC
    • LibertyWorks Inc v The Commonwealth [2021] HCA 18; (2021) 274 CLR 1: for the Commonwealth, led by S Donaghue KC, with B Lim
    • Zhang v Commissioner of Police [2021] HCA 16; (2021) 273 CLR 216: for the Commissioner, led by S Donaghue KC and P Herzfeld SC
    • Palmer v Western Australia [2020] FCA 1220 and [2020] FCA 1221: for the Attorney-General of the Commonwealth, intervening, led by S Donaghue KC, with P Herzfeld and M Hosking
    • Zheng v Commissioner of the Australian Federal Police [2020] HCATrans 91: for the Commissioner, led by L Cheeseman SC, with D O’Leary
    • Smethurst v Commissioner of Police [2020] HCA 14; (2020) 272 CLR 177: for the Commissioner and the Attorney-General of the Commonwealth, intervening, led by S Donaghue KC and C Lenehan SC
    • Minogue v Victoria [No 2] [2019] HCA 31; (2019) 268 CLR 1: for the State of Victoria, led by P Hanks KC, with A Pound
    • Palmer v Australian Electoral Commission [2019] HCA 24; (2019) 269 CLR 196: for the Attorney-General of the Commonwealth, led by S Donaghue KC, with G del Villar
    • Re Canavan [2017] HCA 45; (2017) 263 CLR 284: for Mr Windsor, led by R Merkel KC and J Gleeson SC, with E Nekvapil

    Sarah also has experience in matters relating to ss 51(xxxi) (High Court of Australia, led by R Orr KC, with T Goodwin), 90 (High Court of Australia, led by K Walker KC, Solicitor-General for Victoria, R Orr KC and C Young SC) and 109 of the Constitution (Supreme Court of Victoria, led by P Hanks KC).

    Other public law matters

    • Patrick v Australian Information Commissioner [2024] HCASL 291: for the Commissioner, led by Z Maud SC, with A Wharldall
    • Northern Territory of Australia v Aboriginal Land Commissioner [2023] FCA 1183: for the Northern Land Council, led by S Glacken KC
    • Harris v Victorian Electoral Commission [2020] VSC 676; (2020) 62 VR 460: for the plaintiffs, led by P Hanks KC
    • DBE17 v Minister for Immigration and Border Protection [2019] HCA 47; (2019) 266 CLR 156 (and related proceedings in the Federal Court of Australia): for the applicant, led by B Walker SC and B Quinn KC, with M Albert and M Guo
    • Chief Commissioner of Police v AMJK Pty Ltd [2018] VSC 250: for the Chief Commissioner, led by P Hanks KC
    • Northern Territory v Griffiths; Commonwealth v Griffiths [2017] FCAFC 106; (2017) 256 FCR 478: for the native title party, led by S Glacken KC, with G Hill
    • Proceedings in the original jurisdiction of the High Court of Australia, the original and appellate jurisdictions of the Federal Court of Australia and the Federal Circuit Court of Australia under the Migration Act 1958 (Cth): for both the applicant and the Minister, and both led and unled (see, eg, Lasalo v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 790)

    Law enforcement and quasi-criminal matters

    • Pre-committal and pre-trial hearings in the Magistrates’ Court of Victoria and the County Court of Victoria: for the Commissioner of the Australian Federal Police
    • Benbrika v Attorney-General of the Commonwealth; Attorney-General of the Commonwealth v Benbrika [2024] VSC 265: for the Attorney-General of the Commonwealth, led by P Hanks KC, with S Rajanayagam and M Jackson
    • Commissioner of the Australian Federal Police v Luppino [2021] FCAFC 43; (2021) 284 FCR 233: for the Commissioner of the Australian Federal Police, led by N Williams SC
    • Proceedings under the Proceeds of Crime Act 2002 (Cth) (County Court of Victoria): for the Commissioner of the Australian Federal Police, led by R Craig KC
    • Proceedings under the Extradition Act 1988 (Cth): for the requested person, led by R Orr KC, C Harris KC and L De Ferrari SC (see, eg, United States v Ghodskani [2018] FCA 14)

    Sarah also has experience in foreign bribery matters (led by R Orr KC, with M Keks).

    Common law

    • Eildon Resort Pty Ltd v State of Victoria (Supreme Court of Victoria, resolved prior to hearing): for the State of Victoria, led by L Brown, Crown Counsel
    • Tortious proceedings for the recovery of land (Supreme Court of Victoria, resolved prior to hearing): for a local council, led by R Orr KC, with R Knowles
    • Proceedings alleging professional negligence against legal representatives (Supreme Court of Victoria): for a member of counsel, led by D Collins KC, and for a firm of solicitors, led by S Horgan KC
    • Sarah also has experience in matters involving false imprisonment, misfeasance in public office and novel duties of care.


    Sarah was a reporter for the Commonwealth Law Reports from 2016-2022.

    From 27 Oct 2016, liability limited by a scheme approved under Professional Standards legislation.  

  • Wodak Tyson

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

    Areas of particular interest include:

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

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

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

    Outside his practice at the Bar, Tyson is:

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

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

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

    Cases:


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

  • Whelen Jeremy

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

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

    Commercial disputes

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

    Construction disputes

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

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


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



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