Daniel is a commercial barrister with a practice focussing on insurance, corporations, equity and trusts, professional negligence, consumer protection, trade practices, and building and construction law. He is regularly briefed to appear in State and Federal jurisdictions, both unled and as a junior, and provides practical and considered advice to clients involved in complex disputes. He is ranked by Doyles Guide as a Leading Professional Indemnity Junior Counsel in Victoria.
Daniel commenced his legal career at Arnold Bloch Leibler in Melbourne, gaining a strong foundation in commercial law. He holds a Bachelor of Arts and a Bachelor of Laws from Monash University, and a Master of Laws from the University of Melbourne.
Committee positions
Recent matters
Commercial and Corporations Law
Insurance
Building and Construction
Consumer Law
Trusts and Equity
Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.
Andrew Broadfoot took silk in 2016 and appears in, and advises on, trials and appeals in tax, commercial, tort and administrative law. Principally his
clients are involved in the mining, petroleum and financial sectors. Accepts direct briefs from corporate clients.
He has also represented Commonwealth and State government authorities in a variety of matters ranging from taxation appeals, matters concerning statutory
interpretation, "serious injuries" as defined in applicable legislation, judicial review, and securities regulation, to the "Abalone class action"
which concerned liability in negligence for pure economic loss arising from a herpes like virus that killed a large proportion of Victoria's wild abalone
stocks. This was one of the largest class actions to run to judgment in Australia and successfully be defended. Also has experience in energy regulation
including electricity distribution.
He is experienced in dealing with expert evidence and has cross-examined experts practising in numerous disciplines including valuation, science, engineering, economics, medicine, health and safety and accounting.
In the revenue field he is experienced in dealing with transfer pricing related matters, capital/income issues, trust and property law issues, anti-avoidance legislation, research and development claims and application of the petroleum resource rent tax legislation.
Further details and a list of recent cases can be found via the professional profile link above. Connect with Andrew via LinkedIn http://www.linkedin.com/in/andrew-broadfoot-qc-41b47a2a
From 1 July 2008, Liability limited by a scheme approved under Professional Standards legislation
Spike practices in a broad range of litigation matters across all jurisdictions, but predominantly in commercial litigation.
He completed his traineeship (articles) in 2010 at a small firm named Christopher Bunnett Lawyers following which practised there as a solicitor before joining the bar. As a solicitor Spike practised mainly in commercial disputes, but from time to time ran matters in other areas including administrative law, professional disciplinary matters, common law, crime and inquests.
Since coming to the bar, Spike's practice has been in commercial litigation, common law, professional negligence and costs law.
Spike read with Chris Horan QC.
After admission Darryl joined Shell Australia in its Industrial Law Department. His period there included being the Senior Industrial Relations Officer at the Corio Refinery with regular appearances as an advocate for Shell in various industrial tribunals. As a result, Darryl understands the business environment as it interfaces with employment law.
Darryl appears regularly in the Fair Work commission, the Federal Court, Magistrates and County Court in unfair / unlawful / wrongful dismissals and general protection applications. He also appears regularly in Disciplinary Tribunals defending professionals with particular emphasis on medical and allied professions. He is also experienced in family violence, stalking and intervention orders, crime, equal opportunity, coronial inquests and guardianship matters. He has appeared in the County Court on a number of occasions in intervention order appeals.
Vice President of the Victorian Bar Council 2021/ 2022.
Megan was called to the Bar in October 2013, after completing an Associateship to Her Honour Judge Davis at the County Court of Victoria.
Megan accepts briefs for both plaintiffs and defendants, preparing paperwork and appearing in a wide variety of personal injury matters (in particular, WorkCover, TAC and public liability). She is experienced in appearing (both alone and led) in statutory benefits hearings, serious injury applications, judge-alone trials, jury trials and appeals.
Megan holds a Bachelor of Laws (First Class Honours) and a Bachelor of Arts (major in Japanese) from the University of Melbourne. She has also completed a Masters of Law (Legal Practice) at the Australian National University. Megan is currently the President of hte Compensation Law Bar Association. She has sat on the committee of the Compensation Law Bar Association since 2015 and served as Secretary from 2019 to 2021. She has also previously sat on the Victorian Bar's Pro-Bono Commitee, Sustainability Committee and the Women Barristers' Association Committee.
“From 24 Oct 2013, liability limited by a scheme approved under Professional Standards legislation.”
Peter has an extensive commercial law practice. He has appeared in a number of long and complex matters, including at the appellate stage. He acts in and advises in connection with substantial commercial matters in areas of administrative law, contracts, corporations and securities law, equity and trusts, insolvency, insurance law, intellectual property, landlord and tenant, product liability, professional negligence, property law, trade practices and wills and estates.
Peter has appeared in and advised in connection with a number of class actions, including securities actions involving managed investment schemes (including recently Banksia, Willmott, Great Southern), product liability and environmental law.
Doyles Guide – Leading or recommended Professional Indemnity Senior Counsel 2020, 2021, 2022
Peter accepts briefs as a mediator.
A selection of cases he has recently appeared in are:
LL UP Pty Ltd v Kegland Distribution Pty Ltd [2024] VSC 651 (25 October 2024)
Company oppression, trusts, unclean hands
Australian Securities Ltd v Victorian Managed Insurance Authority [2024] VSC 542 (6 September 2024)
Domestic Building Insurance – right of financier to recovery indemnity
Carl Finance Pty Ltd v Argent Law Pty Ltd [2024] VSC 424 (22 July 2024)
Recitals in deed created binding obligations
Independent Tube Mills Pty Ltd (in liq) v Corplex Pty Ltd [2024] VSC 267 (24 May 2024)
Subrogation and assignability in insurance
Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors (No 6) [2024] VSC 171 (10 April 2024)
Election between remedies
Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors (No 5) [2024] VSC 6 (25 January 2024)
Remedies: damages and account of profits
Zhang v Zhang & Anor [2024] VSC 3 (16 January 2024)
Cross-vesting – removal from Supreme Court of Victoria to Federal Court of Australia
Sun v Sunshine International Australia Pty Ltd [2023] VSC 696 (29 November 2023)
Shareholder oppression
Mikkelsen v Li [2023] VSCA 255 (26 October 2023)
Misleading and deceptive conduct and contributory negligence
Krongold v Thurin [No 2] [2023] VSCA 210 (5 September 2023)
Costs: referral of questions to Court of Appeal
Krongold v Thurin [2023] VSCA 191 (17 August 2023)
Federal jurisdiction – referral power from Victorian Civil and Administrative Tribunal to Supreme Court of Victoria
Laird v Vallance [2023] VSCA 138 (8 June 2023)
Constructive trust – proprietary estoppel – representations by parents to son
Yin v Wu [2023] VSCA 130 (1 June 2023)
Foreign judgments – enforcement of judgment of Chinese Court. Summary judgment – restitution
Sam v Wu & Ors (Ruling) [2023] VCC 582 (18 April 2023)
Discovery, limitation, determination as to when loss suffered
Vanta Pty Ltd v Mantovani [2023] VSCA 53 (16 March 2023)
Lost trust deed – whether as a consequence trust property held on a constructive trust
Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors (No 3) [2023] VSC 135 (21 March 2023)
Breach of fiduciary duty – election between remedies.
Teico Investments & Anor v WA Blue Gum Limited & Anor [2022] VSC 379 (5 July 2022)
Managed investment scheme – trustees duties – defective Product Disclosure Statement
Taleb v Rijal [2022] VSC 259 (25 May 2022)
Motor vehicle, entitlement to hire car
Certain Underwriters at Lloyd's of London v Dhillon Scaffolding Pty Ltd [2022] VSCA 92 (18 May 2022)
Appeal, insurance, reasonable precautions requirement
Yehia v Williams [2022] VSC 197 (22 April 2022)
Motor vehicle, entitlement to hire car
Zivkovic v Parke [2022] VSCA 43 (31 March 2022)
Contract, settlement of proceedings, conditions precedent
Dugan v Process Holdings Pty Ltd (No 3) [2021] VSC 737 (12 November 2021)
Fiduciary duty – claim by shareholder that directors owed him fiduciary duties – damages – pleading
Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors [2021] VSC 572 (13 September 2021)
Breach of fiduciary duty, accountants, appropriation of business opportunity
Hamilton v Dominican Province of the Assumption & Anor [2021] VSC 261 (14 May 2021)
Limitations, personal injury, sexual abuse claim
Corporate insolvency, administration, sale and purchase of real estate
SF Cosentino Pty Ltd v Glendining [2020] VSCA 149 (9 June 2020)
Appeal: sale of business, guarantee
Braham v ACN 101 482 580 Pty Ltd [2020] VSCA 108 (6 May 2020)
Appeal – professional negligence, solicitors, managed investment scheme
Nom De Plume v Ascot Vale Self Storage [No 2] [2020] VSCA 70 (27 March 2020)
Appeal – insolvent trading, breach of financing agreement
Danbol Pty Ltd v Swiss Re International Se [2020] VSC 23 (7 February 2020)
Insurance – whether contract of insurance entered into
Ascot Vale Self Storage Pty Ltd (in Liq) v Nom de Plume Pty Ltd [2019] VSC 794 (4 December 2019)
Abuse of process – whether permanent stay warranted
Re Ballanbrae Pastoral Coy Pty Ltd [2019] VSC 808 (7 December 2019)
Wills and estates – executors commission
Re 99A Furlong Road Pty Ltd [2019] VSC 528 (2 August 2019)
Restraining lawyers from acting
SXIQ Pty Ltd v Kalmus [2019] VSC 429 (28 June 2019)
Employment law – summary dismissal for misconduct
Orwin v Rickards [2019] VSC 375 (7 June 2019)
Professional negligence – lawyers – family law
Professional negligence – solicitors liability for financial agreement under Part VIIIA of the Family Law Act
The Edge Development Group Pty Ltd v Jack Road Investments Pty Ltd [2019] VSCA 91 (24 April 2019)
Contract – whether agreement subject to contract
MA & J Tripodi Pty Ltd (v Swan Hill Chemicals Pty Ltd [2019] VSCA 46 (12 March 2019)
Damages – lost opportunity
Liability limited by a scheme approved under Professional Standards Legislation
Sarah's practice has a particular focus on professional negligence, disciplinary matters and costs disputes.
She is also regularly briefed in general commercial matters and particularly insurance disputes.
She also appears in guardianship, administration and Part IV proceedings.
Sarah appears in interlocutory applications, trials (in Melbourne, regional Victoria and interstate) and on appeals, as well as in mediations. She is regularly briefed to advise in costs disputes, potential disciplinary proceedings and general commercial matters. Her advice is practical and solution-focussed.
Before coming to the bar in 2005, Sarah was a solicitor for 9 years in Australia and the UK. She was the inaugural head of the Ethics Department at the Law Institute of Victoria and has lectured regularly on professional standards issues.
She is a former member of the panel of examiners for Monash University, an occasional tutor at the Leo Cussen institute, and a regular speaker by invitation at law practices and conferences.
Recent decisions include -
Costs disputes and appeals arising from costs proceedings
Russels v McCardel [2014] VSC 287 (instructed by the Australian Legal Costing Group before Bell J), successfully defending an appeal from the Costs Court involving provisions of the Electronic Transactions (Victoria) Act 2000 and Part 3.4 Legal Profession Act 2004.
GLS v Goodman Group Pty Ltd (2015) VSC 627 (instructed by Debra Paver Costs Lawyer before Macaulay J), successfully defending an appeal from the Costs Court involving complex arguments on the law of accord and satisfaction in the context of legal costs under the Victorian statutory regime and the right to review under Division 7 Legal Profession Act 2004.
Eagle Lawyers v Career Education Consultants Australia Pty Ltd & Anor [2013] VCC 1263 (before Anderson J), successfully obtaining judgment against the first defendant in an action for recovery of legal costs and a dispute as to the basis of charging.
Numerous costs disputes in VCAT, the Magistrates’ Court and the Supreme Court.
Disciplinary hearings and appeals
Tuferu v Legal Services Commissioner [2013] VSC 645 (instructed by the Office of the LSC before Zammit AsJ), successfully defending a judicial review and appeal as to sanction following findings of professional misconduct.
Numerous disciplinary proceedings since 2009. See most recently for example LSC v Rhoden (Legal Practice) [2015] VCAT 1546, LSC v Tuferu (Legal Practice) [2013] VCAT 1438, LSC v Khan (Legal Practice) [2013] VCAT 651.
General commercial
Cross Country Realty Victoria Pty Ltd & Anor v Ubertas 350 William Street Pty Ltd [2015] VCC 1012 (with T North SC instructed by Brand Partners before Lacava J), successfully striking out the plaintiffs’ claim and obtaining summary judgment on a counterclaim relating to payment and retention of commission in breach of mandatory disclosure obligations under the Estate Agents Act 1980, and opposing a subsequent successful application for leave to appeal with D Collins SC.
Solari v CGY Insurance Ltd (No.1) [2015] VCC 207 (before Misso J), considering the construction of contractual terms in a claim against a deemed manufacturer and brought directly against the insurer pursuant to s601AG Corporations Act 2001.
Probate, administration and Part IV
Matthews v Matthews [2009] VSC 308 (Osborn J) - successfully applying to remove an executor on grounds of serious misconduct.
Re will and estate of Angelo Marotta (dec’d) [2011] VSC 324 (Zammit AsJ) - successfully defending a claim for summary dismissal under Part 4.4 of the Civil Procedure Act 2010; the implications of “no real prospect of success†in the context of a Part IV claim.
From 19th July 2012, liability limited by a scheme approved under Professional Standards legislation.
Angus has appeared in the High Court, Federal Court and state Supreme and County Courts. He regularly advises and appears in relation to complex commercial disputes. Angus is listed as one of Australia's leading class actions junior counsel in Doyles Guide.
Angus's published appearances include:
Angus previously served as Associate to the Hon Justice David J Ashley AM at the Victorian Court of Appeal. Angus also worked in commercial disputes at Allens Linklaters and in the USA at Kaggle Inc (a Google subsidiary) managing contracting, intellectual property, and business development. Angus holds honours and masters degrees in law from the University of Melbourne.
Liability limited by a scheme approved under Professional Standards legislation.
Michael practices primarily in personal injury and insurance law.
His practice includes appearance and advice work in WorkCover, TAC, public liability, product liability, medical and professional negligence and asbestos matters. He regularly appears in damages trials, serious injury applications, de bene esse hearings and mediations.
From 27th October 2011, liability limited by a scheme approved under Professional Standards Legislation.
Andrew Clements QC is an experienced trial and appellate advocate practising mainly in the areas of personal injuries, product liability, torts generally, insurance and professional disciplinary tribunals.
From 03 May 2012, liability limited by a scheme approved under Professional Standards legislation.
Patrick practices broadly, with a focus on public law, regulatory matters, government private law liability, criminal law and inquiries. He has particular experience in corporate and other forms of financial misconduct, including white collar crime.
Before coming to the bar, Patrick was an associate to the Hon Justice Nettle AC in the High Court of Australia; a senior lawyer and manager of the Appeals Practice at the North Australian Aboriginal Justice Agency (NAAJA); and an associate to Justice T Forrest in the Supreme Court of Victoria.
Patrick holds a Bachelor of Arts and a Juris Doctor (with first-class honours) from the University of Melbourne. He read with Ruth Shann SC and his senior mentor is Rowena Orr QC (SG).
Some illustrative matters include:
Public law and regulatory matters:
Royal Commissions, inquests and other inquiries:
Criminal law:
David has a broad Commercial practice involving both Trial and Appellate work. David's practice involves him appearing and advising in many aspects of the law. He provides a methodical and personal approach in assisting clients in reducing the impact of litigation by managing the matter in a positive and practical way.
From 16/07/2009, Liability limited by a scheme approved under Professional Standards Legislation.
Tim Connard is a specialist in commercial mediation with over two decades’ experience. He began his mediation career at the Federal Court of Australia in 2001 and now practises exclusively as a mediator.
Tim's approach is practical, principled, and highly attuned to the commercial and personal dynamics of each dispute. He is valued for his ability to put people at ease and create a calm, constructive environment for negotiations and is known for his patience and persistence.
Accreditation and recognition
Tim has been recognised as a Leading Mediator in Victoria by Doyle’s Guide every year since the list began. He holds advanced accreditation with both AMDRAS and the Victorian Bar, and has completed advanced mediation training at the Harvard Negotiation Institute’s Program on Negotiation and Bond University’s Dispute Resolution Centre.
In 2024, he was appointed a Distinguished Fellow of the International Academy of Mediators.
Career background
Tim's career has spanned private practice, in-house counsel roles, and judicial-adjacent functions. His prior roles include: Sessional Member, VCAT (2016-2020); Registrar, Federal Court of Australia (2001-2007); Senior Legal Counsel, ANZ Banking Group (1998-2001); Barrister (1994-1998; as well as 2007-present); Solicitor, private practice (1990-1994)
As a Federal Court Registrar, Tim conducted mediations in the Court's major jurisdictions -trade practices matters, intellectual property and company litigation, insolvency cases, human rights, workplace, and general commercial disputes. While at the Court, he also co-developed and delivered mediation skills training for judges and lawyers in the South Pacific, while mentoring new mediators and exercising delegated judicial powers.
At ANZ, Tim played a senior role in the bank's dispute resolution team, handling high-value and sensitive litigation, including frauds and other non-lending losses.
Areas of mediation
Tim mediates a wide spectrum of disputes, including commercial & corporate, banking & finance, professional negligence, workplace & employment, human rights & public law.
Testimonials
I found your thorough understanding of the issues and your calm and measured testing of our client’s case most refreshing. (Law firm partner)
You played a critical part in getting both sides to agree on an outcome, I felt you did this in a very down-to-earth and approachable way. Thank you for the way you engaged with me. (Mediation client)
Before coming to the Bar, Paul practised in the Local Government and Planning Section with Maddock Lonie & Chisholm where he gained advocacy experience prosecuting summary crime and also appearing at VCAT.
Paul has a broad practice and appears in all jurisdictions. He has extensive experience in town planning and land valuation/acquisition matters
From 06 Feb 2015, liability limited by a scheme approved under Professional Standards legislation.
Gemma-Jane specialises in claims arising from personal injuries including workplace & transport accidents, public liability, medical negligence, institutional abuse and coronial inquests. She acts for both plaintiff and defendant clients.
From 16 May 2013, liability limited by a scheme approved under Professional Standards legislation.
Retired 2023
Jennifer Cowen primarily practises in medical negligence and personal injuries litigation and health law. Jennifer has 20 years' legal experience managing a wide range of litigation including medical negligence, personal injuries, product liability, insurance and professional negligence claims, coronial inquests and disciplinary proceedings relating to health professionals. She also has expertise in advising on other aspects of health law such as issues of consent, freedom of information, health records and regulatory requirements. Jennifer regularly appears in the Supreme Court, County Court and Coroners' Court.
Prior to coming to the Bar, Jennifer was a Special Counsel in the Insurance and Corporate Risk Group of Minter Ellison, where she specialised in medical indemnity litigation and health law, acting on behalf of clients such as the Victorian Managed Insurance Authority, public and private health care providers and insurers. Jennifer also acted for both insurers and insured parties in insurance disputes.
Jennifer holds a Bachelor of Science and Bachelor of Laws (Hons) from Monash University as well as a Master of Health and Medical Law from the University of Melbourne. Jennifer read with Patricia Riddell (now Her Honour Judge Riddell of the County Court), with Ross Gillies QC as her senior mentor.
From 6th May 2016, liability limited by a scheme approved under Professional Standards legislation.
Experience
The Hon. Susan Crennan AC is available to be appointed to as a Mediator.
Please contact one of her Barrister’s Clerks for any further information.
Lachlan practices primarily in commercial litigation, with a particular focus on corporations law matters, professional negligence claims, trust and shareholder
disputes and corporate and individual insolvency. Lachlan also accepts briefs in employment, insurance and administrative law matters.
As a senior associate at Hall & Wilcox, Lachlan appeared extensively as a solicitor advocate in contested matters in all Victorian and Federal Courts. With over seven years'litigation experience, Lachlan has acted for clients in a broad range of complex disputes, including:
Lachlan holds a Bachelor of Laws (Hons) and a Bachelor of Science (Chemistry) from the University of Melbourne. He regularly conducts matters involving complex expert evidence and technical issues.
Lachlan is reading with Jeremy Slattery and his senior mentor is Stewart Maiden QC.
From 16 August 2019, liability limited by a scheme approved under Professional Standards legislation.
Paul is a barrister admitted to the Victorian and New York bars, who practices full-time as independent counsel at the Victorian Bar. A leading senior junior, he maintains a busy trial, appeals and judicial review practice primarily in the areas of personal injuries, insurance, and sports law.
Recognised by Doyles Guide as a leading Insurance & Personal Injury Law barrister in Victoria in 2022, 2023, 2024 and 2025, Paul regularly appears in Workcover, TAC and public liability jury trials, "Serious Injury" applications, s138 ACA/s369 WIRCA recoveries, institutional abuse matters (including applications to set aside prior deeds), sporting injury cases, appeals and Medical Panel judicial reviews.
Paul has extensive experience in sports law, having regularly appeared in, and sat on, various sports tribunals over the years. He was a member of the Australian Olympic Committee nomination and selection appeals panel for the Tokyo 2021 Olympics. In March 2020, he was appointed by the Minister for Sport as an inaugural member (part-time) to the National Sports Tribunal, and has been reappointed for a further 5-year term to 18 June 2028.
In addition to practice, Paul has worked extensively as an adjunct lecturer including at the Melbourne, Monash University, and the National University of Singapore law schools where he has taught courses in torts and sports law.
Paul is also the host of his own podcast series "Res Ipsa Loquitur", which delivers caselaw summaries of important and recent cases in the areas of torts, insurance and personal injuries decided in Australia and beyond. To subscribe and listen on Apple, Google, Spotify or iHeart, click the link here: https://omny.fm/shows/res-ipsa-loquitur
Background
Paul graduated with Commerce and Law (Honours) degrees from Monash University. He achieved high distinctions in several units including Torts, and completed a semester abroad in KL, Malaysia. He completed articles with a leading plaintiff firm, before working for a national insurance firm, defending common law actions, s138 recoveries, public liability claims, and superannuation TPD disputes. While practising, he completed a Master of Laws at the University of Melbourne. In 2013, he sat and passed the New York bar exam, and was admitted there in 2014. He then worked in the Workcover department of a Melbourne-based mid-size firm before being called to the Victorian Bar.
Cases
Some noteworthy cases in which Paul has appeared include the following:
Victorian Court of Appeal:
Supreme Court of Victoria:
County Court of Victoria:
University Appointments
Publications
Presentations
From 01 May 2015, liability limited by a scheme approved under Professional Standards legislation.