Search Results

  • Marks Simon

    Simon came to the Bar in 1986.

    Areas of Practice

    He has an extensive practice in commercial litigation including litigation involving major infrastructure projects. His most prominent work areas are in contract and corporations law, major torts, equity and insolvency. He has appeared in many major cases, including in competition law (including infrastructure access cases) and commercial law, as well as in 3 Royal Commissions and in other public Inquiries.

    Court Work

    He appears in all State and Federal Courts.

    Advice

    He has a large commercial advice practice in major commercial disputes including for significant public companies and for government.

    Mediation

    He regularly mediates disputes in commercial matters.

    Committees

    He served on the Victorian Bar Council for 4 years from 2017 to 2020, including 3 years as Vice President of the Bar. He has also served as Chairman of the Readers’ Course Committee and of the Bar’s Education & Professional Development Executive. He also served on the Counsel Committee.


    Liability limited by a scheme approved under Professional Standards Legislation.

  • Martin David

    David enjoys a busy mediation practice after 30 years appearing for plaintiffs and defendants in common law trials as well as other jurisdictions including racing tribunals.

    His areas of expertise includes TAC claims, Medical Negligence, Insurance, Personal Injuries, Professional Negligence, Sports Law, WorkCover/ComCare and Torts.

    Mediations are able to be held in his own Mediation Centre located on Level 10, 488 Bourke St Melbourne.

    He is currently the Secretary of the Common Law Bar Assocation Committee and the List Secretary of Dever's List.


  • Martin Simon

    Simon completed his articles at DLA Phillips Fox in 2006 following which he practised in Insurance Litigation. In that time, he worked on a variety of matters predominantly acting for health professionals.

    Simon also has experience in commercial litigation and has acted for a number of government departments and large insurers.

    Before coming to the Bar, Simon was a solicitor with Guild Lawyers where he instructed in a broad portfolio of matters including medical defence, product liability, occupier's liability, Accident Compensation Act recovery proceedings, coronial inquests and professional disciplinary proceedings.

    From 01/07/2010, Liability limited by a scheme approved under Professional Standards Legislation.

  • Matson Rachel

    Rachel practices in common law, family law and general commercial law.

    Rachel has experience acting in a broad range of common law matters for both plaintiffs and defendants. She has a particular interest in personal injury and professional negligence claims.

    She appears in the Supreme, County and Magistrates’ Courts of Victoria in damages trials, statutory recovery proceedings, serious injury applications, interlocutory applications and Workcover/TAC statutory benefits applications. She appears led and unled.

    Rachel is also briefed to prepare advices, statements of claim, serious injury applications, Medical Panel referrals and interrogatories/answers to interrogatories.

    Rachel has a general commercial practice, including contract claims and property disputes.

    Rachel is also experienced in representing clients in the Federal Circuit and Family Court of Australia (Divisions 1 and 2) in all aspects of family law litigation. She is regularly briefed to advise and appear (led and unled) in complex property and parenting matters. She is also regularly briefed for third parties in property proceedings.

    Before coming to the Bar, Rachel was the senior associate to the Honourable Justice Incerti at the Supreme Court of Victoria.

    Prior to working as an associate, Rachel worked as a solicitor in the family law and commercial litigation and insolvency teams at a national firm.

    Rachel read with Dugald McWilliams and her senior mentor is Ross Gillies QC.

    From 27 October 2017, liability limited by a scheme approved under Professional Standards legislation

  • Scotter Tim

    Tim is an experienced commercial barrister and appears in a wide range of commercial disputes and professional disciplinary matters. He has extensive experience in working on cases as part of a team made up of solicitors and other counsel. He is an experienced trial advocate.

    In recent years, Tim has obtained significant experience in different areas including corporations, professional disciplinary and professional negligence matters. For example, he has:

    • Conducted a number of Supreme and Federal Court trials alleging breaches of the Corporations Act, fiduciary duties and diversion of property by directors
    • Conducted trials involving complex property disputes
    • Appeared in respect to freezing order applications
    • Appeared for Hancock Victoria Plantations in respect to the settlement of the Rowe v SPI (Murrindindi) class action
    • Appeared for a shipbroker in an Admiralty trial arising out of a charterparty
    • Acted for a representative party in the ExxonMobil superannuation fund dispute
    • Appeared in defence of a contempt application
    • Acted in professional negligence disputes
    • Regularly prosecuted as counsel for the Victorian Legal Services Commissioner
    • Conducted investigations for an interstate Legal Regulator
    • Conducted examinations in the Supreme Court of solicitors on behalf of receivers of legal practices

    Tim has appeared in a wide variety of jurisdictions, including the State Court of Appeal and Supreme Court Trial division, in relation to insurance disputes, equity proceedings, contempt proceedings and insolvency matters.

    Tim's CV, including a selection of cases in which he has been involved, may be viewed via the CV link above.

    From 1 July 2008 liability limited by a scheme approved under Professional Standards Legislation

  • Whelen Jeremy

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

    He is also a nationally accredited mediator and accepts mediator engagements in all areas of commercial disputes.

    Commercial disputes

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

    He is regularly briefed on behalf of insurers, especially to defend claims against insured professionals (such as architects, engineers, building surveyors, fire engineers, project managers and superintendents), or to prosecute subrogated recovery actions.

    Construction disputes

    Jeremy's construction experience includes disputes arising during project delivery (including bank guarantee injunctions, security of payment, protection works), and end-of-project litigation or arbitration (including claims for money and time). 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).

    Jeremy has been ranked in Doyles Guide (peer reviewed) as a Leading Construction & Infrastructure Barrister (Australia) in 2017 - 2018 and 2020 - 2025 and in the Victorian market in 2015 - 2025.


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

  • House Ben

    Ben was admitted to practice in 2011 and called to the Bar in 2019. Prior to being called to the Bar, he practised as a solicitor in the Insurance and Corporate Risk Group at MinterEllison.

    Ben has extensive experience in common law, administrative law, inquests, disciplinary and professional negligence proceedings. He has acted for state government entities, private companies, hospitals, doctors, manufacturers, as well as individuals.

    Ben read with Robert Harper. His senior mentor was Jack Rush QC.

    Matters in which Ben has been briefed include (non-exhaustively):

    • The COVID-19 Hotel Quarantine Inquiry (led by C Harris QC & Ors on behalf of the State of Victoria).
    • The St Basil’s Inquest (led by M Hartley QC & Ors on behalf of the State of Victoria).
    • Inquest into the death of Maria James (led by C Winneke QC & Ors on behalf of the family).
    • Perez v Reynolds & Anor [2020] VSC 537 (led by M Britbart QC on behalf of the State of Victoria).
    • Villan v the State of Victoria [2021] VSC 354 (led by M Britbart QC on behalf of the State of Victoria).
    • Goh v Medical Board of Australia (Review and Regulation) [2021] VCAT 1536 (21 December 2021) (led by J Ruskin QC on behalf of the applicant).
    • Sami v Medical Board of Australia (Review and Regulation) [2021] VCAT 447 (led by J Ruskin QC on behalf of the applicant).
    • Medical Board of Australia v Sami [2022] VSC 90 (led by J Ruskin QC on behalf of the respondent).
    • Kaplan & Ors v State of Victoria [2022] FCA 728 (led by C Young QC with T Jeffrie on behalf of the respondent) (ongoing).
    • Fowkes v Boston Scientific (FCA): Pelvic Mesh Class Action (led by R Craig QC with J Findlay on behalf of the respondents).

    Ben is a member of the Common Law Bar Association.

    From 25 October 2019, Liability limited by a scheme approved under Professional Standards legislation.

  • Caleo Chris

    Senior Associate at Phillips Fox (Commercial Litigation). Associate to Chief Justice Mason, High Court of Australia.

    From 10th April 2014, liability limited by a scheme approved under Professional Standards legislation.

  • G Tony Pagone

    The Hon G (Tony) Pagone AM KC has extensive expertise across a range of legal disciplines, including commercial, taxation, administrative, constitutional, public and human rights law, as well as equity, wills, and estates law. His commercial practice encompassed high-value and complex disputes in revenue, banking and finance, insolvency, corporations law, and regulatory matters.

    Tony is also an experienced mediator and arbitrator, with extensive involvement in the resolution of commercial and taxation disputes, both in Australia and internationally. His judicial background, combined with his specialist expertise in complex commercial and taxation matters, allows him to bring exceptional insight and authority to alternative dispute resolution. He is a member of Lincoln’s Inn in London and a Fellow of both the Chartered Institute of Arbitrators and the Australian Centre for International Commercial Arbitration.

    Admitted to legal practice in Victoria in 1980, Tony signed the Roll of Counsel in 1985 and was appointed Queen’s Counsel for Victoria in 1996. He served as a trial judge on the Supreme Court of Victoria from 2006, where he also became the judge in charge of the Commercial Court. In 2013, Tony was appointed to the Federal Court of Australia, where he was the judge in charge of the taxation national practice area. His published decisions span a wide array of legal fields, including finance, commerce, deceased estates, and migration, along with arbitral decisions and practice.

    Tony retired from the Federal Court of Australia in 2018 and has since returned to private practice. He continues to be frequently briefed on significant legal issues and disputes for leading corporations and government bodies. Between 2002 and 2004, he served as Special Counsel to the Australian Taxation Office. He was also the chair of the Royal Commission into Aged Care (2019–2021) and conducted a review for Melbourne Water into a major flood event on the Maribyrnong River.

    Tony holds a Bachelor of Laws from Monash University (1979), a Master of Laws from Cambridge University (1983), and a Doctor of Laws (LLD) from the University of Melbourne (2014), awarded for his research and published work on anti-tax-avoidance provisions.

    He maintains strong international professional and academic connections. Tony is a Professorial Fellow at Melbourne Law School, where he lectures in postgraduate programs. He was also President of the International Association of Judges, a former board member of the International Association of Tax Judges, and Chair of the Business Law Section of the Law Council of Australia.

  • Ajzensztat Raph

    Raph practises in torts, professional liability, class actions, judicial review, insurance and coronial law. He has significant experience in matters involving complex claims against legal practitioners, health practitioners, hospitals, product manufacturers and statutory authorities. He is regularly briefed in coronial inquests and in matters involving challenges to determinations by coroners under the Coroners Act 2008. He has experience in matters involving the Sheriff of Victoria. He has appeared in litigation involving the parens patriae jurisdiction of the Supreme Court of Victoria. He has significant experience appearing in court both led and unled.

    Recent matters in which he has been briefed include the following:

    • The Roundup class action in the Federal Court of Australia (McNickle v Huntsman Chemical Company Australia Pty Ltd & Ors, led by Steven Finch SC, Rob Craig KC, Kateena O’Gorman SC, with Daniel Habashy).
    • Numerous appeals (e.g. Australian Rail Track Corporation Limited v Dollisson [2020] NSWCA 58 (led by Ian Roberts SC, with Paul Menary); Giurina v Sheriff[2024] VSCA 112; Tsiragakis v Mallet [2025] VSCA 134 (led by Jeremy Ruskin KC); Tiba v TAC [2025] VSCA 236 (led by Jeremy Ruskin KC); Magriplis-Hampton v MM LP Holding Pty Ltd [2025] VSCA 274 (led by Anthony Strahan KC)).
    • Litigation concerning the powers of the Sheriff of Victoria to execute warrants (e.g. Giurina v Sheriff (Vic) [2024] VSC 715; Giurina v Sheriff (Vic) (costs) [2025] VSC 155)).
    • Various proceedings for judicial review (e.g. Scamante v Dr Lanzer & Ors [2024] VSC 664 (led by Roslyn Kaye KC), Helmer v Coroners Court of Victoria [2025] VSC 235)).
    • Appeals under the Coroners Act 2008 (e.g. Childs v Coroners Court of Victoria [2020] VSC 755; Runacres v Coroners Court of Victoria [2024] VSC 304; Hii v Coroners Court of Victoria [2025] VSC 279)).
    • Numerous coronial inquests, including as counsel assisting, counsel for the senior next of kin and as counsel for interested parties (e.g. Inquest into the death of Harley Larking COR 2016 2137; Inquest into the death of Peta Hickey COR 2019 2336; Inquest into the death of JZA COR 2017 02564; Inquest into the death of PJQ COR 2022 001089; Inquest into the Death of Joshua Gonzalez COR 2020 004903)).
    • Numerous professional liability claims against legal practitioners, medical practitioners and hospitals.
    • Claims involving issues of admiralty/maritime law.
    • Claims involving issues of choice of law.

    Various tort claims including false imprisonment, assault and battery, intentional infliction of emotional distress, negligence and nuisance.

    From 24 Oct 2013, liability limited by a scheme approved under Professional Standards legislation.

  • Wang Julia

    Julia has a broad practice that includes commercial law, public law, criminal law and industrial disputes. She has appeared in trial and appellate matters, led and unled, across those areas.

    Prior to the Bar, Julia was an Associate to the Hon Justice Nettle AC in the High Court in 2018 and to the Hon Chief Justice Warren AC in the Supreme Court in 2015 to 2016. She was previously a Principal Solicitor at the Office of Public Prosecutions and a solicitor in the Litigation and Victoria Police branches of the Victorian Government Solicitor’s Office.

    Julia holds a Bachelor of Science (Mathematics and Statistics) and a Bachelor of Laws (First Class Honours; Supreme Court Prize) from the University of Melbourne. She also holds a Bachelor of Civil Law (Distinction) from the University of Oxford. She has lectured in Remedies and Torts in the JD program at Melbourne Law School.

    Recent cases in which Julia has appeared include:

    From 7 May 2021, liability limited by a scheme approved under Professional Standards legislation.

  • Hayley Daniel

    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 medical and tort 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.

    In 2025, Hayley was named in Doyle’s Guide as in the Leading category for Professional Indemnity Junior Counsel.

    Her recent cases include:

    • McKechnie v Ma'a (Appeal from AsJ) [2021] VSC 562 (unled);
    • Nursing and Midwifery Board of Australia v Woodley (Review & Regulation) [2025] VCAT 665 (unled);
    • Brooks v Padman & Anor [2025] VSC 328 (led by Matthew Hooper SC);
    • Charles (a pseudonym) v The Society of Jesus in Australia Limited (Ruling No 1) [2025] VCC 694 (unled);
    • Delaney v VWA [2025] VSCA 59 (led by Matthew Hooper SC);
    • Plant v Physiotherapy Board of Australia VCAT Z1904 2024 (unled);
    • DSE v Mental Health Tribunal (Human Rights) [2025] VCAT 336 (unled);
    • Tan v Medical Board of Australia [2024] VCAT 1053 (led by Ben Jellis SC).
    • Briffa v Austin Health (led by Paul Lamb)
    • Monash Health v Carina & Ors [2024] VSC 486 (led by Matthew Hooper SC)
    • Rosata v Citywide Service Solutions Pty Ltd & Anor [2024] HCASL 106 (led by Philip Solomon KC and Ben Jellis) (special leave refused);
    • Petrovski v ISS Security Pty Ltd & Australia Pacific Airports (Melbourne) Pty Limited (led by Roslyn Kaye KC).
    • Wilks v Psychology Board of Australia [2024] VSC 002 (led by Matthew Hooper).


    Liability limited by a scheme approved under Professional Standards legislation.

  • Hill-Smith Harry

    Harry practises primarily in commercial law.

    Before coming to the Bar, Harry was an Associate to the Hon. Justice McLeish at the Victorian Court of Appeal. He completed a Bachelor of Arts at the University of Sydney and a Juris Doctor at the University of Melbourne. Prior to studying for his Juris Doctor, Harry worked in London and Hong Kong trading Asian currency derivatives as a portfolio manager for a multi-billion-dollar hedge fund.

    He has also completed a MSc in Law and Finance at the University of Oxford, graduating with Distinction and receiving the South Square Prize for the highest mark in Corporate Insolvency Law. The MSc in Law and Finance combines subjects from the Bachelor of Civil Law course with subjects from Oxford's Saïd Business School.

    He is a current co-author of Thomson Reuters's Federal Court Practice. He is also a current co-author of the Securities chapter, and the current author of the Receivers and Managers chapter, in Thomson Reuters’s Laws of Australia.

    Harry read with Dr Charles Parkinson KC and his senior mentor is David Batt KC.

    Recent Cases

    Victorian Department of Education v Roberts Co (Vic) Pty Ltd (Subject to Deed of Company Arrangement) – SCV S ECI 2025 04950 – application for declarations and orders under s 90-15 of Schedule 2 of the Corporations Act 2001 (Cth) regarding the interpretation of a deed of company arrangement or orders varying the deed under s 447A – led by Dr Oren Bigos KC and Roman Rozenberg.

    Heloise Pratt v Alexander Waislitiz – SCV: S ECI 2024 06193 – acting for the Plaintiffs – application for the appointment of an independent trustee – led by Allan Myers AC KC and Joseph Carney.

    Re Lynch Group Holdings Ltd [2025] FCA 1280 – acting for the Plaintiff – application for the convening and approval of a members’ scheme of arrangement for an ASX listed company – led by Dr Oren Bigos KC.

    Re Richstone Plumbing Pty Ltd (in liq) – SCV: S ECI 2024 04285 – acting for the Defendant – defending a preference claim under s 588FE and s 588FF of the Corporations Act 2001 (Cth) – led by Dr Oren Bigos KC.

    Ding Yong v Song Lihua [2024] VSC 720 – acting for a judgment creditor resisting an application to set aside the registration of a Hong Kong judgment under s 7 of the Foreign Judgments Act 1991 (Cth) – unled.

    Monarch Tower Pty Ltd (in liq) v Sinoace Holdings Ltd [2024] FCA 716 & Re Monarch Tower Pty Ltd (in liquidation) [2025] FCAFC 137– acting for the Respondents to a voidable transaction claim under s 588FE of the Corporations Act 2001 (Cth) – whether the proceeding should be summarily dismissed for failure by the liquidator to promptly serve – whether the failure to give notice of the s 588FF(3)(b) extension to a respondent meant that the claim was statute barred – led by Christopher Brown KC.

    N. & U. Nominees Pty Ltd v Larobina – SCV: S ECI 2024 02809 – acting for the trustees and directors of the trustees – claim for rectification of a group of trust deeds – defending allegations that trustees acted for improper purposes, in bad faith, and without real and genuine consideration – defending allegation that transactions occurred without mental capacity – led by Ian Percy.

    Re Amoma SÀRL [2023] FCA 1232 and Re Amoma SÀRL (No 2) [2023] FCA 1379 – Recognition of a Swiss insolvency proceeding under the Cross-Border Insolvency Act 2008 (Cth) – acting for the Bankruptcy Office of the Canton of Geneva – led by Dr Oren Bigos KC.

    Tex Onsite Pty Ltd v Cornwalls (A Firm) – SCV: S ECI 2022 04677 – allegations of negligence and misleading or deceptive conduct in relation to companies’ entry into receivership – acting for the Second Defendant – led by Dr Oren Bigos KC. Interlocutory judgment:

    • Tex Onsite Pty Ltd & Ors v Cornwalls (a firm) [2024] VSC 93 – security for costs application.

    Re SLKALT Pty Ltd (in liq) [2024] VSC 250 – privilege claim in response to liquidators’ summons to produce documents – joint privilege, waiver and crime/fraud exception to privilege – acting for the liquidators – led by Dr Oren Bigos KC:

    AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd – FCA: VID 604/2021 – application to set aside subpoenas against non-parties and claims arising from those subpoenas for legal professional privilege, joint privilege, common interest privilege and parliamentary privilege – acting for the subpoenaed non-parties – led by Dr Oren Bigos KC.

    King v Linkage Access Ltd [2022] VSC 158 – common law recognition and enforcement of a United States Bankruptcy Court judgment in Australia – acting for the Plaintiffs – led by Dr Oren Bigos KC.

    Beecham Motors Pty Ltd v General Motors Holden Australia NSC Pty Ltd [2025] VSC 125– class action by dealerships arising out of the retirement of the Holden car brand – acting for the Plaintiff and Group Members – led by Dr Charles Parkinson KC. Interlocutory judgments:

    • Beecham Motors Pty Ltd v General Motors Holden Australia NSC Pty Ltd (No 2) [2023] VSC 640 – application for settlement approval under s 33W of the Supreme Court Act 1986 (Vic), settlement sum confidentiality orders and regarding the construction of a settlement agreement.
    • General Motors Holden Australia NSC Pty Ltd v Beecham Motors Pty Ltd [2024] VSCA 177 – appeal concerning the construction of a settlement agreement.
    • Beecham Motors Pty Ltd v General Motors Holden Australia NSC Pty Ltd [2023] VSC 443 – application for particular discovery.
    • Beecham Motors Pty Ltd v General Motors Holden NSC Australia Pty Ltd [2021] VSC 855 – de-classing application under s 33N of the Supreme Court Act 1986 (Vic).

    Gecko Australia Pty Ltd v Montagnese – FCA: VID597/2021 – claims for misleading & deceptive conduct and breach of directors’ duties in relation to a business sale and earn-out period – acting for the Plaintiffs – led by Dr Oren Bigos KC. Interlocutory judgment:

    • Gecko Australia Pty Ltd v Montagnese [2022] FCA 488 – freezing order application.

    Custodian for Gerald and Debra Gray v Redman-Slater – FCA: VID739/2020 – claim by clients of authorised representatives against the financial services licensee for contraventions of the Corporations Act 2001 (Cth) and misleading or deceptive conduct – acting for the financial services licensee – led by Dr Charles Parkinson KC.

    Harris v Financial Services Partners – SCV: S ECI 2022 04091 – claims by clients of authorised representatives against the financial services licensee – acting for the financial services licensee. Interlocutory judgment:

    • Harris v Financial Services Partners Pty Ltd [2023] VSC 16 – strike-out application.

    JDLF International Pty Ltd v Wood – VSC: S ECI 2022 02775 – interlocutory injunction application to enforce a contractual restraint and s 183 of the Corporations Act 2001 (Cth) against a former employee – acting for the Plaintiff – led by Patrick Wheelahan KC.

    Re IPO Wealth Holdings No 2 Pty Ltd (in prov liq) [2021] VSC 821 – application to stay a liquidators’ examination as an abuse of process – acting for the Examinee – led by Michael Gronow KC and Angel Aleksov.

    Castaway Avenue Pty Ltd v CSC1957 Investments Pty Ltd ­[2022] VSCA 238 and Castaway Avenue Pty Ltd v CSC1957 Investments Pty Ltd [2023] VSCA 30 – specific performance of a contract for the sale of land – whether contract validly terminated – application for security for appeal costs and an appeal stay – acting for the Respondent – led by Ian Percy.



    Liability limited by a scheme approved under Professional Standards Legislation.

  • Norton Maree

    Maree has a busy trial and appellate practice, specialising in common law and public and administrative law disputes. She has particular expertise in appellate advocacy, historical abuse cases, judicial review, regulatory and disciplinary proceedings, as well public inquiries – both as counsel assisting and acting for interested parties.

    Previously, Maree was an Associate to the Honourable Justice Neave of the Victorian Court of Appeal, and a Senior Associate in the Litigation practice group at Allens.

    Maree completed a Master of Law degree at the University of Cambridge, on a scholarship from the Cambridge Trusts. She also has a First Class Honours undergraduate degree in law from the University of Tasmania.

    A summary of Maree’s recent experience follows:

    Public inquiries and commissions

    • Counsel Assisting the Coroner in the coronial inquest into the Hillcrest Primary School jumping castle tragedy (ongoing)
    • Counsel Assisting the Commission of Inquiry into the Tasmanian Government’s Responses to Child Sexual Abuse in Institutional Settings (led by E Bennett SC, 2021 - 2022).

    Maree also has significant Royal Commission experience, having represented clients in the Banking, Aged Care and Disability Royal Commissions.

    Appellate

    Public and administrative law

    • Bob Brown Foundation & Ors v MMG Australia Ltd & Ors, 2023, Full Court of the Tasmanian Supreme Court, discontinued after hearing (led by M O’Farrell SC)

    In addition to the above appearance work, Maree is regularly briefed to provide advice to government departments and statutory authorities.

    Personal injury and tort

    Maree acts in personal injuries and property damage claims in the Supreme Courts of Victoria and Tasmania. She has particular experience in historical child sexual abuse and professional negligence cases.

    Examples of recent cases that have run to judgment are:

    Liability limited by a scheme approved under Professional Standards Legislation

  • Wilkinson Jonathan

    Jonathan practices in commercial litigation.

    He has a broad commercial practice involving trial and appellate advocacy, pleadings, opinion work and mediations principally in the Supreme Court and County Courts of Victoria.

    He practices primarily in contracts, corporations law, insurance, real and personal property, partnerships and trusts, consumer law, banking and finance.

    SELECT CASES:

    SUPREME COURT OF VICTORIA

    NAB v ANEW Climate LLC: Supreme Court of Victoria proceeding briefed by NAB regarding international account transfers, “Know Your Customer” regulations, freezing order, default judgment, garnishee application (with Hamish Austin KC)

    GFL Developments Pty Ltd v SJ Moore Road Pty Ltd: Supreme Court of Victoria proceeding about real estate agent’s exclusive auction authority, whether certain and binding, entitlement to commission.

    Manpreet Singh v Singh Associates Pty Ltd: Supreme Court of Victoria proceeding regarding unit trust dispute, alleged manufactured debts, oppression. Related subpoena disputes.

    Candibon Pty Ltd v Nameplan Pty Ltd: Supreme Court of Victoria proceeding about partnership profits from greenfield site development projects. Security for costs application, subpoena dispute with implied waiver issue, further discovery applications, application to amend pleadings regarding contribution for “same damage”, application to withdraw admissions in pleadings.

    Alco Aluminium Pty Ltd v Ferny Creek Store Pty Ltd & Ors: Supreme Court of Victoria proceeding briefed by lender about secured debts, consolidated loans, variations and oral terms.

    ATET v Melbourne City Council: Supreme Court of Victoria proceeding briefed by MCC about licence revocation, damages claim by licensee.

    Tom Gibbons Pty Ltd v Vantage Integrated Services Pty Ltd & Ors: Supreme Court of Victoria proceeding about shareholder oppression.

    M&R Transport (Vic) Pty Ltd v ISR Truck City Geelong Pty Ltd & Ors: Supreme Court of Victoria proceeding about shareholder oppression.

    Gordion Holdings Pty Ltd v Ionnides & Ors: Supreme Court of Victoria proceeding regarding setting aside foreign default judgment, indemnity costs.

    Kanyon Pty Ltd v Brett Hartwig: Supreme Court of Victoria proceeding about supplier indemnity under s 274 of ACL. Application to join third party supplier.

    Archery Capital Pty Ltd v Rujan Properties Pty Ltd: Supreme Court of Victoria proceeding about enforcement of loan agreement, deed of forbearance, possession order, indemnity costs.

    Frog Swamp Pty Ltd v Statewide Secured Investments Pty Ltd
    : Supreme Court of Victoria proceeding to set aside statutory demand; genuine dispute regarding valuation evidence (and many other statutory demand and creditors petition matters, not listed here)

    Davison v Kempson: Successful appeal in Victorian Court of Appeal regarding testator family maintenance provision claim.

    Secretary to the Department of Justice v YEE: Successful appeal in Victorian Court of Appeal from VCAT decision (with Phillip Solomon KC).

    COUNTY COURT OF VICTORIA

    SNH Products Pty Ltd (Veganpet) v Advanced Pet Care of Australia Pty Ltd: County Court of Victoria proceeding about breach of supply contract, fitness for purpose, misleading and deceptive conduct, loss and damage.

    Veneziano Coffee Roasters Pty Ltd v Appliance Maintenance Company Pty Ltd: County Court of Victoria proceeding briefed by insurer about applicability of Goods Act to commercial coffee roaster from USA, expert evidence about fitness for purpose.

    Uebergang v AAI Limited: County Court of Victoria proceeding briefed by insurer about policy of insurance for property damage, remediation costs, inconvenience damages.

    Palomares v Insurance Manufactuers of Australia Pty Ltd & Ors: County Court of Victoria proceeding briefed by insurer about policy of insurance for property damage, mould expert dispute, inconvenience damages.

    Ashford v AAI Limited: County Court of Victoria proceeding briefed by insurer about policy of insurance for property damage, remediation costs, inconvenience damages (with Tyson Wodak).

    Real Estate Institute of Victoria Ltd v Realestateview.com Pty Ltd: County Court of Victoria proceeding about breach of contract to produce real estate TV series, loss and damage, misleading and deceptive conduct, estoppel, quantum meruit, unjust enrichment.

    Melbourne Facades Pty Ltd v CPB Contractors Pty Ltd and Lendlease Engineering Pty Ltd: County Court of Victoria proceeding about breaches of level crossing removal works contracts, written and implied terms, variations and waiver, misleading and deceptive conduct, estoppel and quantum meruit.

    30HM SDA1 Pty Ltd v Accelerated Loans:
    County Court of Victoria proceeding about debt recovery by private lender.

    Maersk Line A/S v Fertinvest Australia Pty Ltd: County Court of Victoria proceeding regarding breaches of bills of lading for shipping and freight costs.

    OTHER EXPERIENCE

    Brightgreen Pty Ltd v Marcott Pty Ltd: VCAT dispute regarding unlawful re-entry of leased premises, whether ‘retail premises’, whether land tax payable, whether unjust enrichment (with Robert Hay KC).

    Jonathan also has extensive experience with interlocutory applications associated with all commercial disputes, including caveat removals, security for costs, subpoena applications, freezing and Mareva orders, and costs applications.

    He runs The Commercial Law Barrister blog and endeavours to run a paperless practice.


    "From 20th May 2011, liability limited by a scheme approved under Professional Standards Legislation."

  • Wyles Michael

    Michael accepts commercial law and taxation law briefs.

    Before coming to the Bar, Michael was a Managing Solicitor in the Tax Controversy and Dispute Resolution team at PricewaterhouseCoopers. Michael was involved in some of Australia’s largest and most complex tax disputes. He advised on a variety of technical areas including income tax, Part IVA, transfer pricing, capital/revenue, land tax, GST and R&D. He worked with a diverse range of clients from multinational corporations to individual taxpayers.

    Michael has twice been recognised as a finalist in Lawyers Weekly 30 Under 30 awards for Tax (2019, 2020). He was recently a member of the Tax Institute of Australia’s Young Professionals Board where he organised panel discussions on the topic of dispute resolution.

    After graduating, Michael worked at Telstra as a Product Strategy Analyst focusing on the development of new consumer products. While at Telstra Michael spent time as in-house-counsel where he provided legal advice to Telstra’s operational divisions.

    A former Senior Student of Trinity College, Michael graduated with a Juris Doctor and Bachelor of Arts from the University of Melbourne. He is a candidate for the Master of Laws program at the University of Melbourne.

    Michael read with Charles Parkinson SC and his senior mentor is Philip Solomon QC.

    Recent cases:

    Toma v Workforce Recruitment and Labour Services Pty Ltd [2022] FCAFC 100;

    McConvill & Associates v Carbone [2022] FCA 265;

    From 22 Oct 2021, liability limited by a scheme approved under Professional Standards legislation.

  • Tom Clelland

    Tom specialises in criminal law and accepts briefs in other areas.

    Tom has appeared unled and with a leader in criminal jury trials as counsel for the defence, and in numerous summary trials, intermediate appeals, and contested applications. Tom has also appeared as counsel in common law matters.

    He commenced his legal career as a solicitor at Galbally & O’Bryan, and worked for a number of years at NAAJA as a solicitor-advocate and the manager of the East Arnhem Land practice. Tom has also worked at Legal Aid New South Wales. Before signing the Victorian bar roll, Tom practised at the Northern Territory bar and was a founding member of Mindil Chambers.

    Tom holds a master’s degree from UCLA School of Law where he was a Dean's Fellow.

    He was also judicial extern for the Honorable David O. Carter of the Federal District Court of Central California, sitting principally in the civil docket.

    Tom also worked as a researcher for Professor Angela Riley, and represented the Native Nations Law & Policy Centre at the United Nations in Geneva as an accredited delegate in relation to his research.

    Tom accepts work internationally, most recently spending time in northern Myanmar training local lawyers and advising on strategic human rights litigation for an international non-governmental organisation.

    Tom has spent a number of seasons as the reporting officer representing AFLNT in tribunal hearings.

    Tom holds an Indictable Crime Certificate and is a member of the Criminal Trial Preferred Barrister List.

    Tom also accepts work in jurisdictions interstate, and is a member of the New South Wales Legal Aid Indictable Criminal Law Barrister Panel, and the Northern Territory Indictable Legal Aid Panel.

    He is reading with Anthony Lewis and his senior mentor is Ruth Shann SC.

  • Karen Liu

    Karen practices primarily in common law and administrative law, with a focus on health law and personal injuries.

    Her practice includes medical negligence claims, workplace injuries, transport accidents, class actions, public liability claims and institutional abuse claims. She is also briefed in professional disciplinary proceedings, insurance and indemnity disputes, and judicial reviews of medical panel determinations. In these areas Karen has appeared in damages trials, final hearings, serious injury applications, appeals and interlocutory applications.

    Karen has a particular interest and expertise in novel duties of care, particularly relating to conflicts between common law and statutory duties, medical consent cases as well as claims arising out of obstetric and gynaecological treatment.

    Prior to coming to the bar, Karen was a solicitor at K&L Gates where she acted on behalf of hospitals, public authorities, medical practitioners and their insurers in civil, coronial and disciplinary proceedings.

    Karen read with Robert Harper and Roslyn Kaye KC is her senior mentor.

    Liability limited by a scheme approved under Professional Standards legislation.

  • Tess Simpson

    Tess practises primarily in commercial and public law.

    Prior to coming to the Bar, Tess served as an associate to the Honourable Justice Elliott of the Supreme Court of Victoria. She also worked as a solicitor at Holding Redlich where she acted in a range of complex commercial disputes, royal commissions and white-collar criminal law matters.

    Tess holds a Bachelor of Arts and a Juris Doctor from the University of Melbourne.

    In addition, Tess holds Negative Vetting 1 security clearance from the Australian Government Security Vetting Agency. She has a particular interest in corporate crime and regulatory investigations.

    Tess is reading with Katherine Brazenor and her senior mentor is Kateena O’Gorman SC.

    Liability limited by a scheme approved under Professional Standards Legislation.

  • Mintz Colette

    Colette practises primarily in public and commercial law.

    Before coming to the Bar, Colette served as Associate to Justice Edelman of the High Court of Australia.

    Earlier, she practised as a solicitor at King & Wood Mallesons, predominantly in competition law, and served as Associate to Justice Katzmann of the Federal Court of Australia.

    Colette holds a Bachelor of Arts and a Bachelor of Laws, with first class honours, from Monash University and a Master of Laws from Columbia University, which she attended on a scholarship and where she was named a James Kent Scholar.

    Colette has served as a Fellow at Melbourne Law School, where she lectured in constitutional law. She has also published work in the Public Law Review.

    A selection of her recent matters is as follows:

    Commercial law

    • Taxi Apps Pty Ltd v Uber Technologies Inc [2025] VSC 514 (conspiracy to injure, breach of confidence): for the plaintiff in 26-day trial, led by Michael Hodge KC, with Kane Loxley and Kalia Laycock-Walsh.
    • Keystone Asset Management Limited (Receivers and Managers appointed) (in liquidation) v Filippini [2025] FCA 604 (application for stay of proceeding in light of possible criminal proceeding): for the liquidators, led by Robert Craig KC, with Leo Freckleton.
    • Keystone Asset Management Limited (Receivers and Managers appointed) (in liquidation) v Filippini [2025] FCA 1138 (application for “all assets” freezing orders): for the liquidators, led by Kathleen Foley SC.
    • Slea Pty Ltd v Connective Services Pty Ltd (No 9) [2022] VSC 136 (oppression, directors’ duties): for the successful plaintiffs, following a 52-day trial, led by Michael Hodge QC, with Kathleen Foley and Geoffrey Kozminsky; and on appeal: Millsave Holdings Pty Ltd v Connective Group Pty Ltd [2023] VSC 326.
    • Lees v Connective Services Pty Ltd [2019] VSCA 143 (statutory construction, Corporations Act 2001 (Cth)): for the successful respondents, led by Catherine Button QC, with Geoffrey Kozminsky.
    • Jones v Waller Legal Pty Ltd (Supreme Court of Victoria, ongoing) (negligence, misleading conduct): for defendant, proceeding declassed following successful application, led by Philip Solomon KC.
    • Selak v National Tiles Co Pty Ltd [2023] VSC 446 (legal professional privilege, misconduct exception): for plaintiff, with Geoffrey Kozminksy.
    • iSignthis Limited v ASX Limited (Federal Court of Australia, resolved) (challenge to decision to suspend applicant’s securities from quotation on the ASX): for the ASX, led by Neil Young KC, with Brendan Lim.
    • Andrianakis v Uber Technologies; Taxi Apps Pty Ltd v Uber Technologies [2022] VSC 643 (legal professional privilege, misconduct exception): for successful respondent, led by Tony Bannon SC, with Robert Yezerski.
    • Flash Lighting Company Ltd v Australia Kunqian International Energy Co Pty Ltd [2021] HCASL 50 (contract): for successful respondent, led by Jonathon Moore QC, with Geoffrey Kozminsky.
    • Salter Brothers Asset Management Pty Ltd v Hendry (contract, employment): for respondents, obtained order for summary dismissal of proceedings (McElwaine J, Federal Court of Australia, unreported, 10 June 2022), unled on dismissal application; otherwise led in proceeding by Robert Craig QC, with Franceska Leoncio.
    • Townshend v Fendall Farms Pty Ltd (Federal Court of Australia, ongoing) (oppression, fiduciary duties): for defendants, unled. See, relatedly, Townshend as Legal Representative for the Estate of Mervyn Townshend v Fendall Farms Pty Ltd [2022] FCA 848 (application for derivative leave, led by Ian Waller KC).
    • ACCC v TasPorts (Federal Court of Australia, resolved) (proceeding under s 46 of Competition and Consumer Act 2010 (Cth)): for the ACCC, led by Wendy Harris QC and Nick De Young QC, with Chris Tran.
    • In the Matter of Grand Land Property Pty Ltd (Supreme Court of Victoria, resolved during trial) (oppression, misleading conduct): for defendants, led by Robert Craig KC, with D’Arcy Hope.
    • Thexton v Mialls Gun Shop (Supreme Court of Victoria, resolved during trial) (negligence, misleading conduct): for defendants, led by Richard Attiwill QC.

    Public law

    • COVID-19 Hotel Quarantine Inquiry: for Department of Premier and Cabinet, led by Richard Attiwill QC.
    • Ridd v James Cook University [2021] HCA 32 (construction of enterprise agreement): for appellant, led by Stuart Wood QC, with Ben Jellis.
    • Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 (administrative law): for plaintiff, led by Richard Knowles QC.
    • Santos v Tipakalippa [2022] FCAFC 193 (administrative law): for successful respondent, led by Claire Harris KC, with Nick Baum.
    • Dhu v State of Western Australia (Federal Court of Australia, ongoing) (discrimination, constitutional law): for respondent in class action, led by Robert Craig KC.
    • Cassuto v Kostakidis [2025] FCA 1126 (discrimination law, strike out): for applicant, let by Michael Borsky KC, with Tim Jeffrie.
    • Commissioner of the Australian Federal Police v Chauhan (County Court of Victoria, reserved) (proceeds of crime, unexplained wealth): for AFP Commissioner in application for unexplained wealth order, led by Robert Craig KC, with Lara O’Rorke.
    • Secretary, Attorney-General’s Department v Bhagwandas [2023] FCA 398 (administrative law, appeal from AAT on question of law): for successful respondent, unled.
    • Asmar v Albanese (No 4) [2021] VSC 672; Asmar v Albanese [2022] VSCA 19; Asmar v Albanese [2022] HCASL 71 (proceeding concerning validity of Federal ALP intervention in Victorian Branch of ALP): for plaintiffs / appellants, led by Ron Merkel QC, with Emrys Nekvapil and Katharine Brown.
    • Nine Network Australia Pty Ltd v Civil Aviation Safety Authority [2021] FCA 1160; Nine Network Australia Pty Ltd v Civil Aviation Safety Authority (No 2) [2021] FCA 1337 (administrative law, ban on helicopter use during Melbourne protests): for successful applicants, led by Will Houghton QC.
    • Melton City Council v Minister for Planning [2021] VSC 700; [2022] VSCA 144 (administrative law): for plaintiff / appellant, led by Emrys Nekvapil.
    • Celsius Fire Services Pty Ltd v Magistrates’ Court of Victoria [2019] VSC 835; Celsius Fire Services Pty Ltd v Magistrates’ Court of Victoria (No 2) [2020] VSC 120 (administrative law): for the successful plaintiff, led by Anthony Strahan QC.
    • WOTCH v VicForests (Supreme Court of Victoria, resolved while judgment reserved) (environmental law): for plaintiff in long-running litigation, including large trial, led by Richard Knowles KC and Kathleen Foley SC, with Shawn Rajanayagam. See WOTCH v VicForests (No 2) [2020] VSC 99; WOTCH v VicForests (No 3) [2020] VSC 220; WOTCH v VicForests (No 4) [2020] VSC 433; WOTCH v VicForests (No 8)[2021] VSC 268; WOTCH v VicForests (No 9) [2022] VSC 503.
    • ABC v Victims of Crime Assistance Tribunal [2021] VSC 730 (statutory construction): for successful applicant, led by Alistair Pound SC.

    Colette is also regularly briefed to advise government on questions of constitutional law and statutory construction.

    Colette read with Kathleen Foley, now SC, and her senior mentor is Wendy Harris KC.

    From 3 May 2019, Liability limited by a scheme approved under Professional Standards legislation.



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