Dugald practises in commercial, insurance and common law matters including professional negligence (including medical negligence), general insurance, product liability, industrial accidents, inquests and class actions.
Dugald was admitted in New South Wales in 1997 and worked as a solicitor in Sydney, London and Melbourne before coming to the Bar.
Contributor to chapter on Negligence, The Laws of Australia, Thomson Law Book Co.
Reporter – Victorian Reports
From 7th August 2008, liability limited by a scheme approved under Professional Standards legislation.
Denis was a partner of Macpherson and Kelley Solicitors where he practiced in all aspects of Family Law, de facto matrimonial relationships and family violence cases as an Accredited Family Law Specialist. He has continued his focus on advising and representing clients in these areas since coming to the Bar in 2000. He has a special interest in conducting and appearing at mediations.
Denis is a nationally accredited Mediator and a qualified Family Law Arbitrator.
Liability limited by a scheme approved under Professional Standards legislation.
Retired July 2023.
Common Law and Insurance Litigation, Medical Negligence, Administrative Law, Trade Practices, Racing.
Rowan has a broad practice in public, commercial, taxation and employment law.
Before coming to the Bar, Rowan served as Counsel Assisting the Commonwealth Solicitor-General, Dr Stephen Donaghue QC, and as Associate to the Hon Justice Virginia Bell AC of the High Court of Australia. He also practised as a commercial solicitor at King & Wood Mallesons and as a senior solicitor in the constitutional and administrative law team at the NSW Crown Solicitor's Office.
Rowan holds degrees in Arts and Law from the University of Melbourne, which he attended as a Commonwealth Scholar, and a Bachelor of Civil Law from the University of Oxford, where he studied as an Allan Myers KC Scholar.
Rowan is currently Assistant Honorary Secretary of the Victorian Bar and a Committee member of the Public Law Section of the Commercial Bar Association.
Rowan has served as a Fellow of the Melbourne Law School, Editor of the Oxford University Commonwealth Law Journal and Associate Editor of the Melbourne University Law Review. He has published work in the Australian Journal of Labour Law and is a member of the Australian Association of Constitutional Law and the Australian Institute of Administrative Law. He is also a reporter for the Victorian Reports.
Rowan read with Kathleen Foley SC and his senior mentor is Philip Solomon KC.
Cases in which Rowan has been briefed to appear include:
Commercial / building and construction law
Constitutional law
Administrative / general public law
Common law
Tax / revenue law
Employment / discrimination law
Migration law
Liability limited by a scheme approved under Professional Standards Legislation
Mr Moloney is a senior barrister in Melbourne and a member of the Victorian Bar who practises in corporate and commercial law, administrative and constitutional law, equity, professional discipline, professional negligence, common law, insurance, defamation, medical negligence and family law (appellate).
He holds a trial and appellate practice and an advice practice.
His specialisation in public law includes all aspects of the regulation of medical practitioners, particularly at a Commonwealth level.
He acts for both all Health Professionals and their regulatory Boards in disciplinary proceedings (trial and appellate).
He is experienced in Inquiries and Arbitration (both local and international) and he has chaired an Inquiry into the probity of scientific research under the NHMRC guidelines and appears in Inquiries, including as counsel assisting.
He has appeared and been retained in a number of large-scale commercial cases over the last twenty years.
He practises in the High Court of Australia, the Supreme Court of Victoria and the Federal Court (trial and appellate). He is a Member of the Australian Bar Association, is admitted in New South Wales and Western Australia and is a member of the Bar in each of those States.
He is the Chairperson of the Medicare Participation Review Committee of Australia, thrice appointed by the Federal Government. By this office he chairs a committee which makes determinations about whether certain health practitioners should retain the right to participate in the Medicare Scheme and whether their provider rights are to remain.
He is the immediate Past-Chairperson of the Australian Institute of Administrative Law (Victorian Chapter), and The Medico Legal Society of Victoria, and is a member of the Administrative Law Committee of the Law Council of Australia. He currently chairs a large private secondary school of 1200 students.
Liability limited by a scheme approved under Professional Standards Legislation.
Andrew has a commercial litigation practice, with a focus on construction and property law.
He is regularly briefed in matters involving residential and commercial construction, logistics, technology and civil and engineering works. He has particular experience with the Building and Construction Industry Security of Payment Act 2002 (Vic), both at the claim and judicial review stages.
He also receives regular work in insurance, property, leasing, corporations and trusts disputes.
From 03 May 2012, liability limited by a scheme approved under Professional Standards legislation.
Sandip appears and advises (both led and unled) in a range of common law, media, insurance and administrative law matters, including trials, inquests and appeals. In each of the past 10 years (2014-23) he was recognised by his peers in the AFR's annual 'Best Lawyers' list for his expertise in Defamation and Media Law. In 2022 and 2023 he was also listed in the area of Litigation and in 2023 in the area of Product Liability too. In 2016 and 2020-22 he was ranked by Doyle's Guide in the area of Technology, Media and Communications and in 2020 was also ranked in the area of professional indemnity insurance. In 2021, 2022 and 2024, he was recognised in the Asia-Pacific Legal 500 as one of Australia's leading media law junior counsel.
He has extensive advocacy experience in defamation, breach of confidence, freedom of information and contempt of court matters, as well as in applications for non-publication orders in criminal and civil cases - where he is usually opposed to senior counsel. He has a sound knowledge of both civil and criminal procedure. In recent years he has advised and appeared in many of Victoria's most prominent media disputes, including acting for: News Corporation is its defence of defamation proceedings brought by Bruce Lehrmann; Bauer Media in defence of a defamation claim brought by actress, Rebel Wilson; Nationwide News in a defamation claim brought by musician, Daniel Johns; the ABC, The Age and the Daily Mail in defamation claims brought by Mick Gatto; Nine Network in various defamation claims including those brought by Prof Munjed Al Muderis and Queensland's Wagner family; Google, Twitter, Yahoo! and Microsoft in a series of defamation claims relating to search engines and social media; and over 30 media-respondents in a contempt of court prosecution brought by the DPP in relation to publicity which attended the jury verdict (since overturned on appeal) against Cardinal George Pell.
Between January 2019 and November 2020, Sandip was one of the counsel assisting the Victorian Royal Commission into the Managament of Police Informants, where he was briefed to advise and appear on questions concerning suppression orders, public interest immunity and privilege claims. In that capacity he appeared on behalf of the Commission on numerous occasions in the High Court and Victorian Court of Appeal.
Sandip also has specific expertise in relation to the Australian sports and racing industries, where he has advised or appeared for the Australian Football League and Racing Victoria Ltd in relation to commercial, regulatory and disciplinary matters. He is also an Independent Tribunal Chairperson for Tennis Australia. Notable cases include: acting for the Racing Stewards in the prosecution of jockey Danny Nikolic; acting for the AFL in the prosecution of Adelaide Football Club and others; acting for Mark 'Bomber' Thompson in the Essendon Football Club supplements prosecution; and acting for licensed horse trainers Danny O'Brien and Mark Kavanagh in the long running 'Cobalt' prosecutions.
Sandip is a member of the Common Law Bar Association and the Commercial Bar Association. He also formerly edited the Defamation chapter of The Law Handbook and is a committee member for the Victorian Bar News.
REPORTED APPEARANCES INCLUDE:
Defamation / Media
Hun v Aljazeera International (Malaysia) SDN BHD (No 2) [2023] FCA 1546 (6 December 2023) (Defamation - interlocutory costs order)
Hun v Aljazeera International (Malaysia) SDN BHD [2023] FCA 1103 (15 September 2023) (Defamation - serious harm - led by Will Houghton KC)
Bartlett v Roffey and Ors [2023] WASC 3 (16 August 2023) (Defamation - Cross-vesting - led by Matt Collins KS and with Holly Jager)
Lehrmann v Network Ten Pty Limited (Limitation Extension) [2023] FCA 385 (28 April 2023) (Defamation - extension of limitation period - led by Renee Enbom KC)
Gatto v Australian Broadcasting Corporation & Ors [2022] HCATrans 197 (11 November 2022) (Defamation - special leave application - led by Matt Collins KC)
Gatto v Australian Broadcasting Corporation [2022] VSCA 66 (13 April 2022) (Defamation - appeal - led by Matt Collins KC)
Gatto v Australian Broadcasting Corporation & Ors [2021] VSC 83 (26 February 2021) (Defamation - trial - led by Matt Collins KC)
Gatto v Australian Broadcasting Corporation & Ors (No 1) [2020] VSC 420 (10 July 2020) (Defamation - application for trial by jury - led by Matt Collins KC)
Ajaka v Nine Network Pty Ltd (No 2) [2022] NSWSC 765 (9 June 2022) (Defamation - preliminary discovery - led by Matt Collins KC)
Nine Network Australia Pty Ltd v Ajaka [2022] NSWCA 91 (9 June 2022) (Defamation - appeal - preliminary discovery - led by Matt Collins KC)
Bastiaan v Nine Entertainment Co Holdings Limited (No 2) [2022] FCA 187 (16 February 2022) (Contempt - costs)
Bastiaan v Nine Entertainment Co Holdings Limited [2022] FCA 60 (11 February 2022) (Contempt - injunction - led by Will Houghton KC)
Lanzer v Australian Broadcasting Corporation [2021] FCA 1283 (21 October 2021) (Defamation - injunction - led by Matt Collins KC)
The Queen v The Herald & Weekly Times Pty Ltd [2021] VSC 253 (4 June 2021) (Contempt of Court trial - led by Will Houghton KC and Matt Collins KC, with Morgan McLay)
The Queen v The Herald & Weekly Times Pty Ltd & Ors (Ruling No 2) [2020] VSC 800 (4 December 2020) (Contempt of Court No Case Submission - led by Will Houghton KC and Matt Collins KC, with Morgan McLay)
Wilson v Bauer Media Pty Ltd & Anor [2018] HCATrans 238 (16 November 2018) (Defamation special leave application to High Court - led by David Jackson KC)
Bauer Media Pty Ltd v Wilson (No 2) [2018] VSCA 154 (14 June 2018) (Defamation Appeal - led by Michael Wheelahan QC)
Wilson v Bauer Media [2017] VSC 521 (13 September 2017) (Defamation Trial - led by Georgina Schoff KC)
Nine Network Australia Pty Ltd & Ors v Wagner & Ors [2020] QCA 221 (13 October 2020) (Defamation appeal - led by Sandy Dawson SC)
Morris v St Vincent's Health Australia Ltd & Anor [2020] VSC 690 (21 October 2020) (Defamation - application to amend pleading - led by Will Houghton KC)
Nikolic v Nationwide News Pty Ltd [2020] VSC 98 (9 April 2020) (Defamation / Injurious Falsehood - summary judgment application)
Nikolic v Twitter & Ors [2020] VSC 101 (9 April 2020) (Defamation - summary judgment application)
Khan v The Age Company Pty Ltd & Ors [2019] VSC 839 (6 December 2019) (Defamation - application to set aside judgment)
Trkulja v Microsoft Corporation (Ruling No 2) [2019] VSC 310 (7 May 2019) (Defamation - application to amend pleading)
Ewins v State of Victoria [2019] VSC 129 (7 March 2019) (Defamation - application to strike-out pleading)
Dinh v Nine Network Australia Pty Ltd [2018] VSC 464 (15 August 2018) (Defamation - application for interlocutory injunction)
Trkulja v Microsoft [2018] VSC 399 (23 July 2018) (Defamation - summary judgment application - led by Matt Collins KC)
Moodie v Perna (Ruling No 1) [2018] VSC 158 (4 April 2018) (Defamation - release from Harman undertaking - led by Simon Wilson KC)
Barrow v Bolt & Anor [2015] VSCA 107 (21 May 2015) (Defamation Appeal - led by Matt Collins KC)
Barrow v Bolt & Anor [2014] VSC 599 (2 December 2014) (Defamation Trial - led by Matt Collins KC)
Chief Commissioner of Police v The Herald & Weekly Times [2014] VSC 156 (10 April 2014) (Breach of Confidence - interlocutory injunction - led by David Gilbertson KC)
Barrow v Bolt & Anor (Ruling No 3) [2014] VSC 16 (7 February 2014) (Defamation)
Crisp v Fairfax Media Ltd & Ors [2012] VSC 615 (19 December 2012) (Defamation - application for interlocutory injunction - led by Matt Collins KC)
Inquiries / Inquests / Administrative Law
Chairperson of the Royal Commission into the Management of Police Informants v DPP [2020] VSCA 184 (8 July 2020) (Application to vary suppression orders - led by Penelope Neskovcin KC)
AB (a pseudonym) v CD (a pseudonym); EF (a pseudonym) v CD (a pseudonym) [2019] HCA 6 (27 February 2019) (Suppression Order)
AB v CD & EF [2019] VSCA 28 (21 February 2019) (Suppression Order - led by Penelope Neskovcin KC)
Applebee v Monash CC (Review and Regulation) [2014] VCAT 257 (26 March 2014) (Statutory interpretation)
Quinn v Greater Geelong CC (Review and Regulation) [2013] VCAT 286 (14 March 2013) (Dangerous dog declaration)
Commercial / Trade Practices
REA Group Limited v Fairfax Media Limited [2017] FCA 91 (13 February 2017) (Misleading and deceptive conduct - led by Tim McEvoy QC)
TrinityP3 Pty Ltd v WIP Consulting Pty Ltd [2016] VSC 735 (2 December 2016) (Breach of contract, breach of confidence, restraint of trade)
TPI Enterprises Ltd v Poppy Growers Tasmania Inc [2014] VSC 518 (24 October 2014) (Defamation, Misleading and Deceptive Conduct - led by Matt Collins KC)
Norman South Pty Ltd & Anor v da Silva [2012] VSC 477 (18 October 2012) (Breach of Confidence Trial - led by Georgina Schoff KC)
Dewhurst v Australian Taxation Office [2012] FWA 8288 (1 October 2012) (Enterprise agreement dispute)
Common Law / Insurance
Linard v Wellington Shire Council & Anor [2018] VCC 1205 (20 August 2018) (Private nuisance - trial)
Deitrich v Pulse Pharmacy Northcote Pty Ltd [2014] VSC 307 (7 August 2014) (Medical Panel Judicial Review - led by Robin Gorton QC)
Sports Law / Disciplinary
Racing Victoria Limited v Riley [2016] VSCA 230 (21 September 2016); Riley v Racing Victoria Ltd [2015] VSC 527 (1 October 2015) (Disciplinary Appeal - led by Patrick Tehan KC)
Fidge v Councillor Conduct Panel (Review and Regulation) [2014] VCAT 1477 (2 December 2014) (Disciplinary prosecution / Constitutional Law)
Nikolic v Racing Victoria Limited (Occupational and Business Regulation) [2012] VCAT 1954 (21 December 2012) (Disciplinary prosecution - led by Philip Dunn KC)
Freedom of Information
Office of the Premier v Herald and Weekly Times [2013] VSCA 79 (12 April 2013) (Freedom of information Appeal - led by Matt Collins KC)
Macdonnell v State Sport Centres Trust (Review and Regulation) [2018] VCAT 1616 (17 October 2018) (Freedom of Information)
Suppression Orders
Re WD (No 2) [2023] VSC 790 (22 December 2023) (Suppression Order / Declaration)
Lum v Kay & Burton (Brighton) [2020] VMC 19 (27 August 2020) (Access to court documents)
DPP v Pell (Review of Suppression Order) [2018] VCC 2125 (14 December 2018)
DPP v Lawson & Ors (Ruling No. 2) [2012] VSC 469 (11 October 2012) (Suppression order)
R v Benbrika & Ors (Ruling No 32) [2008] VSC 485 (26 August 2008) (Suppression order)
R v Benbrika & Ors (Ruling No 13) [2007] VSC 543 (13 December 2007) (Suppression order)
From 03 May 2012, liability limited by a scheme approved under Professional Standards legislation.
Neill specialises in Professional Indemnity Litigation (especially Medical Negligence), Insurance and Commercial Litigation, Common Law Personal Injuries and Torts other than Personal Injuries and Coronial Inquests.
Articled and employed as a Solicitor with Phillips Fox from 1988 to 1992. Employed as a Solicitor with Barlow Lyde & Gilbert in London from 1992 to 1995.
Neill came to the Bar in 1995.
Liability limited by a scheme approved under Professional Standards Legislation.
Claire specialises in taxation and commercial law.
Taxation expertise
Claire provides advice and appears in matters relating to all aspects of federal and state taxes. Claire has a Master of Science in Taxation from Oxford University, a Master of Tax from the University of Melbourne, and is a Chartered Tax Advisor.
Commercial expertise
Claire provides advice and appears in a broad range of commercial disputes including class actions, contract, corporations, insolvency, insurance, property, trusts and equity, trade practices and competition.
From 1st May 2014, liability limited by a scheme approved under Professional Standards legislation.
Articled to Messrs. Kenna Croxford where he was exposed to criminal and commercial litigation. Later as a Senior Associate with Clayton Utz he practised in corporate and commercial litigation including Securities Law, Takeovers, Corporate Crime, Insolvency and matters relating to the exercise of power by the Australian Securities Commission (serving a secondment with the ASC). For two years, James worked in stockbroking with a special interest in derivative markets.
Liability limited by a scheme approved under Professional Standards legislation.
Retired 2023
Extensive experience as a commercial barrister primarily practising in the civil jurisdictions of the Federal, Supreme and County Courts and in appeals to the Court of Appeal and High Court of Australia. Retained to advise and appear in large and complex litigation and arbitrations concerning listed public and private companies, directors and individuals with domestic and international disputes, involving expert financial, accounting and valuation evidence. Interlocutory applications including injunctions.
From 04/06/2009, Liability limited by a scheme approved under Professional Standards Legislation.
Monika's practise is primarily in the common law, where she has expertise in matters related to intentional torts, negligence (particularly novel duties of care) and personal injury. She has acted for many government clients in coronial inquests.
Monika also has significant public law experience, particularly in relation to public interest immunity. Monika also has a strong interest in media law, and has experience with injunctions, confidentiality and suppression, and closed court orders under the Open Courts Act 2013. She has also been involved in many quasi-criminal matters particularly in respect of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 and subpoena objections.
Monika has over ten years' experience as a solicitor. Prior to coming to the Bar, Monika was a Managing Principal Solicitor in the Litigation and Dispute Resolution Branch at the Victorian Government Solicitor's Office and had carriage of high-profile litigation on behalf of the State of Victoria and its departments.
Before her 8 years at the Victorian Government Solicitor's Office, Monika worked in Litigation and Banking and Finance Branches at Corrs Chambers Westgarth.
Monika read with Emrys Nekvapil and her senior mentor was Jeremy Ruskin QC.
Ian came to the Bar having been a commercial litigation solicitor at partner and consultant level for over 10 years. At the Bar, Ian practices in a wide range of commercial matters; frequently major litigation. Ian sits on various sporting tribunals, including AFL Victoria. He provides advice in sports law matters. Ian is experienced in long cases management and computer litigation support. Nationally Accredited Mediator. Member Commercial Bar Association;
Liability limited by a scheme approved under Professional Standards Legislation.
Since 1987 I have practised in the Supreme and Federal Courts (at both trial and appellate level) and in arbitrations involving complex commercial disputes, banking/insolvency, corporations matters, Trade Practices Act/Australian Consumer Law matters, equity, partnership and property matters joint venture disputes, and various regulatory authority disputes.
Over the years, I have acted for many private litigants and public bodies, ASX listed entities, financial institutions, liquidators and regulators including ASIC, ACCC and APRA. I have appeared in various proceedings arising out of corporate collapses including the fraud perpetrated on the Bank of Melbourne; the collapse of the Bell Group Companies (and Bond Corporation Holdings Limited); Lehman Brothers, the Westpoint Group, the Pyramid Building Society Group, the Estate Mortgage Group, Ansett Airlines;
and the Harris Scarfe Group and others; the Waterfront Dispute between Patrick Stevedores Pty Ltd and the Maritime Union of Australia. I have regularly led teams of counsel and solicitors in complex litigation.
Doyle’s Guide 2016 – 2024
https://doylesguide.com/leading-insolvency-restructuring-senior-counsel-victoria-2024/
Legal 500
https://www.legal500.com/c/australia-bar/commercial-disputes/silks#2024%20Silks
Other Appointments/Interests
President Victorian Bar Council 2014- 2015
Past Chairman of Victorian Bar Audit & Finance Committee; Past Member Ethics
Committee of the Victorian Bar; Counsel Committee of the Victorian Bar.
Member of Practicing Past Chairman Committee Victorian Bar
Past Director of Victoria Law Foundation (2019 – 2014)
AOC Appeals Tribunal for the 2020 Australian Olympic Team; Rowing – Permanent
Chair, Rowing Australia Selection Appeals Board since 2017
Director Legal Super Pty Ltd (2021 - )
Chairman Legal Super Investment Committee (2024 - )
From 18/06/2009, Liability limited by a scheme approved under Professional Standards Legislation.
Karina has a successful practice encompassing common law, criminal law, coronial work and regulatory proceedings.
She has a strong interest in cases involving personal injury law, medical negligence and historical sex abuse. Since coming to the Bar she has appeared in a wide range of matters in the Magistrates’ Court, County Court and Supreme Court. She accepts briefs to represent Plaintiffs and Defendants in trials and appeals.
Karina’s coronial practice has included investigations into death in custody, bushfires, road rescue and applications to re-open investigations. She has appeared on behalf of the CFA, families and other interested parties.
Karina’s regulatory practice includes advising and appearing on behalf of medical professionals.
Prior to coming to the Bar, Karina was the associate to the Hon. Justice Kaye at the Supreme Court of Victoria, during which time his Honour sat in the Common Law and Criminal Law Divisions, as well as the Court of Appeal.
Karina has previously worked as a solicitor at Abrahams Meese Lawyers, where she had a general commercial practice. Since coming to the Bar, Karina has continued providing advice in commercial disputes and has appeared in trials, applications and mediations.
Before admission as a solicitor, Karina worked as a paralegal at criminal law firms and volunteered at Moonee Valley Legal Service.
Karina is fluent in Russian and understands Ukrainian.
Karina read with Chris Winneke QC and her senior mentor is Dr. Matthew Collins QC.
Karina has a Masters of Laws from The University of Melbourne.
From 16 May 2013, liability limited by a scheme approved under Professional Standards legislation.
Rebecca continues to be recognised in Doyle's Guide to the Best Barristers in Victoria (2017-2022) in the field of Employment and Work Health Safety and is one of two representatives of counsel sitting on the Fair Work Commission Unfair Dismissal Users' Group.
Rebecca primarily practises in the areas of employment, industrial relations and anti-discrimination law. She also was junior counsel for the Department of Jobs Precincts and Regions in the Hotel Quarantine Inquiry.
Rebecca is regularly briefed to provide prospects and strategic advice to clients, and has represented clients in VCAT, the Fair Work Commission, County Court, Supreme Court, Federal Circuit Court and Federal Court - at first instance and variously on appeal.
Along with her undergraduate Honours degree in Law, Rebecca holds a Bachelor of Science (Genetics and Microbiology, Monash, first class Honours average), and a Master of Laws (Melbourne, first class Honours average, recipient of prize for the top Labour Relations student).
A sample of matters in which Rebecca has acted as Counsel (parties represented are in bold type):
- Tucker v State of Victoria & Anor [2022] VSC 760 - successful defence of application to be released from undertaking as to damages on grounds of fraud - breach of undertaking - application dismissed - proceeding stayed pending compliance with undertaking (with Justin Bourke KC)
- Vergara v Bunnings Group Ltd [2022] FedCFamC2G - summary dismissal of claims - meaning of social origin under anti-discrimination law - whether s 351 FW Act applies to adverse action taken on the grounds of social origin
- Tucker v Broderick [2022] FCAFC 174 - successful defence of appeal of summary dismissal of claims as an abuse of process - costs (also at first instance [2021] FCA 1492) (with Justin Bourke KC)
- United Petroleum Pty ltd v Barrie [2022] FCA 818 - post employment restraint of trade - successful defence of application for interlocutory relief
- BSL22 v BSM22 [2022] FCA 558 - successful application for suppression and non-disclosure orders for the benefit of respondents to sexual harassment claims
- Mathew McGuinness v Woolworths Group Ltd T/A Woolworths [2022] FWC 727 - dispute about matters arising under enterprise agreement - proposed roster change enabled
- Smith v Rodger Constructions Pty Ltd [2022] FedCFamC2G 204 - successful defence of adverse action and underpayment claims - meaning of "inquiry" - meaning of "able to make" - award interpretation - application of Surveying Award 2010
- Judith Lanigan v Circus Oz and Others [2022] VSC 35 - application of Limitation of Actions Act 1958 to VCAT - statutory interpretation - historical context - meaning of 'court' in legislative context - meaning of 'tort'
- Civil Air Operations Officers' Association of Australia v Airservices Australia [2021] FCA 1030 - alleged contraventions of s 50 FW Act - construction of enterprise agreement (with Richard Dalton QC)
- Toby Tucker v State of Victoria [2021] VSCA 182 - s 570 FW Act - whether conduct amounted to unreasonable act or omission causing other party to incur costs – Conduct including failure to settle proceeding, bringing interlocutory applications and reliance on certain grounds of appeal – Discretion to award costs of appeal enlivened – Limited costs orders made against the applicant in respect of appeals (with Justin Bourke QC)
- Toby Tucker v State of Victoria [2021] VSCA 120 - procedural fairness in workplace investigation process - privacy issues - construction of employment contract and incorporation of terms - jurisdiction of the Supreme Court to make declarations in respect of contraventions of enterprise agreements - s 570 FW Act and when a matter arises under the FW Act (with Justin Bourke QC)
- Fair Work Ombudsman v C & H Entertainment Pty Ltd [2021] FCCA 1216 - findings of accessorial liability - failure to comply with compliance notice and other contraventions
- Phillips v Boeing Aerostructures Australia Pty Ltd [2021] FWC 965 - unfair dismissal - genuine redundancy - reasonable redeployment - insourcing of work to provide a redeployment opportunity - consultation obligations and whether these extend to outcomes of a dispute resolution process - application dismissed
- Grochowski v Kearney [2020] FCA 1248 - practice and procedure - successful defence of application for leave to appeal interlocutory decision - leave denied
- Toby Tucker v State of Victoria (Undertaking as to Damages) [2020] VSC 121 - enforcement of undertaking as to damages (with Justin Bourke QC)
- PG Nominees Pty Ltd atf Ryan Family Trust v WBHO Infrastructure Pty Ltd [2020] VSC 48 and [2020] VSC 149 -employee share plan - successful application to withdraw admission - successful defence of application to cross examine - successful application for indemnity costs (with Suresh Senathirajah QC)
- Application by Hays Specialist Recruitment (Australia) Pty Ltd [2020] FWA 404 - successful application to terminate an enterprise agreement after its nominal expiry date, opposed by the CEPU
- Victorian Xray Group Pty Ltd v Ho [2020] FCA 27 - successful defence of claim as to competency - whether court at first instance was exercising jurisdiction under the Fair Work Act 2009 - whether court at first instance was exercising summary jurisdiction
- Joseph Kearney v Accrue Property Pty Ltd and Anor [2020] FCCA 74 - successful defence of pleadings - interaction of legal construct of continuing breach and accessorial liability provisions of the Fair Work Act 2009
- Toby Tucker v The State of Victoria [2019] VSC 635 - defence of application for stay/adjournment - no stay of proceedings pending determination of Fair Work Commission proceedings (with Justin Bourke QC)
- Separator Technology Solutions Pty Ltd v Yin Han [2018] VCC 1922 - breach of confidence - successfully defended application for interlocutory injunction - no serious question to be tried
- AC v St Joseph's Flexible Learning Centre [2019] FWC 6630 - successful unfair dismissal application - alleged misconduct - no valid reason found to exist
- Nurses Kurucuk v Mining One Pty Ltd [2019] FWC 1236 - successful defence of costs application
- Boeing Aerostructures Australia Pty Ltd t/a Boeing Aerostructures Australia v Gualano, Tuddenham and Anor [2018] FWC 7490 - dispute under DRP as to the interpretation of an enterprise agreement
- The Police Federation of Australia v Victoria Police [2018] FWC 5695 - arbitration of request for flexible work arrangement - whether refusal was on reasonable business grounds
- Larosa v Number 100 Pty Ltd & Anor [2018] FCCA 1312 - successfully defended claims for underpayments, breaches of general protections; existence of employment relationship
- Dyke and Pedlar v Frank D'Urbano Management Services Pty Ltd (2018) H12194260, H12193631 - ordinary and customary turnover of labour associated with the loss of Australia Post delivery contracts
- Yadav v Trustee for Maddingley Montessori Centre Unit Trust [2018] FWC 2883 - successful unfair dismissal claim, finding that conduct did not amount to misconduct and there was no valid reason for dismissal
- In the matter of the Suitability Panel RIVE 17 (confidential) - acting for the employee, finding that the employee did not present an unacceptable risk to children under the Children Youth and Families Act 2005 (Vic)
- United Firefighters' Union v Metropolitan Fire Brigade (2017) FCA - defending application for interlocutory injunction, alleged breach of consultation obligations under enterprise agreement (with Melinda Richards SC)
- Kyle Bumpstead v Wyndham Central Secondary College [2017] FWC 5794 - successfully opposed a finding of jurisdiction, application dismissed
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Postal Corporation [2017] FCA 1091 - successfully defended claims for breach of superannuation trust deed, s.345 FW Act (misrepresentations about workplace rights) and claims in estoppel and contract (with Jennifer Batrouney QC)
- Darren Lacey and Chris Kandelaars v Murrays Australia Pty Limited; Andrew Cullen [2017] FWC 3136 - successfully opposed application for bullying orders
- Knight v Visionstream Australia Pty Limited [2017] FCCA 980 - application to amend parties to a general protections claim dismissed where employer was not the entity named in the FWC certificate
- Paul Baird v Airservices Australia [2017] FWC 1946 - successfully defended unfair dismissal claim - misconduct
- Fair Work Ombudsman v Food Republic Pty Ltd [2017] FCCA 263 - underpayments - record keeping breaches
- Abdul Soomro v Murrays Australia Pty Limited T/A Murrays Australia [2016] FWC 8211 - successfully defended unfair dismissal claim
- Bendigo Health Care Group v Richard Logan [2016] FWCFB 7190 - successfully defended appeal and successfully prosecuted unfair dismissal claim at first instance - employee reinstated with backpay
- United Firefighters' Union of Australia v Metropolitan Fire and Emergency Services Board [2016] FWCFB 2894 - dispute about matters pertaining (with Melinda Richards SC)
- Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v CBI Constructors Pty Ltd [2015] FWC 7460 - dispute about shift work allowances (with Richard Dalton)
- Lion Dairy and Drinks Milk Limited v Peter Norman [2016] FWCFB 4218 - successful appeal of Peter Norman v Lion Dairy and Drinks Milk Limited [2016] FWC 840 - unfair dismissal - medical incapacity
- Jahangir Farzady v Monochromatic Engineering Pty Ltd T/A MCE Lasers [2015] FWC 7216 - successful unfair dismissal claim - compensation cap awarded (6 months) - Monochromatic Engineering Pty Ltd T/A MCE Lasers v Jahangir Farzady [2016] FWCFB 1061 - successfully defence of permission to appeal application
- Virata v NSW Motel Management Services Pty Ltd [2015] FWC 7932 - unfair dismissal - compensation cap awarded (6 months)
From 1st May 2015, liability limited by a scheme approved under Professional Standards legislation.
Practised in Commercial and Family Law as a solicitor prior to joining the Bar.
Now specialised in Family Law, Domestic Relationships and related matters.
Nationally Accredited Mediator experienced in conducting Mediations in nominated practice areas.
Appellate, Trial, Interlocutory and Advice briefs accepted.
Member of the Family Law Bar Association and Family Law Section of the Law Council of Australia.
Liability limited by a scheme approved under Professional Standards legislation.
Retired as of July 1st 2023