Search Results

  • 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.


  • McNaught Sarah

    Sarah practices in a wide range of civil litigation including commercial and common law. She has a particular interest in contractual disputes and personal injury law including worker's compensation, TAC, public liability and medical negligence claims.

    Since signing the Bar Roll in April 2015, Sarah has appeared in stautory benefits claims, interlocutory proceedings, serious injury applications and damages trials. She has experience drafting pleadings, interrogatories, serious injury documents and advices.

    Prior to coming to the bar, Sarah was Associate to Justice Tracey AM RFD at the Federal Court of Australia. She completed her articles in Maurice Blackburn. As a solicitor, Sarah worked in a range of areas, including medical negligence, workcover and comcare.

    Sarah holds a Bachelor of Arts (majoring in Japanese) and a Juris Doctor (with Honours). She read with James Nixon, and her Senior Mentor was Mary Anne Hartley QC.

    From 1st May 2015, liability limited by a scheme approved under Professional Standards legislation.

  • Meehan Denis

    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.

  • Ruskin Jeremy

    Works at trial and appellate level and in recent years has appeared in a number of special leave applications and full appeals in the High Court in the area of Tort Law.

  • Spitaleri Carmelina

    Since coming to the Bar Carmelina has predominantly appeared in personal injury related matters. She regularly appears in damages trials, serious injury applications, review hearings and appeals. Carmelina prepares advice and paperwork in relation to transport accidents, workplace injuries, medical negligence and public liability matters

    Some recent matters and appearances include:

    • Appellate work including appearing as junior counsel in Abbas v Transport Accident Commission [2015] VSCA 217, Philippiadis v Transport Accident Commission [2016] VSCA 1 and FFF v BBB [2017] VSCA 156.
    • Trial work including appearing as junior counsel in Dertien v Coles (jury, public liability proceeding, 2016), Victorian Workcover Authority v Monash University [2016] VSC 178 (recovery proceeding), Noble v Fraraccio (jury, transport accident proceeding, 2016), Zheng v Aitken (jury, transport accident proceeding, 2016), East v AMWA Pty Ltd & Ors (Supreme Court multi party proceeding, 2016) and Collins v Staminirovitch (jury, transport accident proceeding, 2017).
    • Appearances alone in serious injury applications, eg Felli v Transport Accident Commission [2016] VCC 1913, Djemil v M & A Polimeni Pty Ltd [2017] VCC 70 and De Macedo v Downer EDI Works Pty Ltd [2017] VCC 585.
    • Appearances in Magistrate Court proceedings, eg Milunovic v Logical Industrial [2017] VMC 8.
    • Appearances in VCAT proceedings including Bonnett v Transport Accident Commission [2014] VCAT 1536, Russi v Transport Accident Commission [2015] VCAT 933, Nicastro v Transport Accident Commission [2015] VCAT 2046, Tomar v Transport Accident Commission [2016] VCAT 1598 and Nunn v Transport Accident Commission [2016] VCAT 2025.

    Prior to coming to the Bar Carmelina was a Senior Solicitor at the Transport Accident Commission.

    From 23 Oct 2014, liability limited by a scheme approved under Professional Standards legislation

  • Treyvaud Penny

    Practises exclusively in Family Law.

  • Thompson Ben

    Ben accepts briefs in all area of criminal law. Ben also accepts briefs to advise and appear in common law matters, with particular focus on personal injury, intentional torts and insurance law. 

    He is available to appear in all metropolitan and regional courts.

    Prior to coming to the Bar, Ben was Associate to his Honour Judge Brookes of the County Court of Victoria. He provided legal support to his Honour and gained practical experience across the common law and criminal law divisions. Within the criminal division Ben assisted with the hearing and management of criminal trials, pleas, bail applications and appeals from the Magistrates’ Court. In the common law division Ben assisted his Honour in the hearing and management of civil trials (jury and judge alone), serious injury applications and interlocutory matters.

    Previously Ben was Associate to his Honour Judge Murphy of the County Court of Victoria and assisted him in the commercial, common law, criminal law divisions and in the management of the Confiscation List.

    Ben has previously undertaken work at the Wyndham Legal Service primarily in the areas of Youth Crime and as a Family Violence Intervention Order duty lawyer, appearing in the Magistrates’ Court of Victoria and Children’s Court.

    Ben read with Dugald McWilliams.

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

  • Warren Marilyn

    Judicial Background

    The Hon Marilyn Warren AC QC is the former Chief Justice of Victoria (2003-2017).
    At the time she stepped down she was the longest serving of the then state and
    federal Chief Justices.
    Earlier she was a Judge of the Supreme Court of Victoria (1998-2003) including
    sitting as the Judge in Charge of the Commercial List and the Corporations List (now
    combined as the Commercial Court). She presided over hundreds of commercial
    trials and appeals.

    Arbitrations


    The former Chief Justice presently sits as a domestic and international arbitrator.
    She is a member of the Dawson Chambers Senior Arbitration Group.
    She is co-author with Croft and Stamboulakis of the major arbitration text,
    International and Australian Commercial Arbitration (LexisNexis 2021).
    As a former elite athlete (Squash), and former sports appellate tribunal member, she
    also sits on international and national sports arbitrations and mediations.

    Academia

    She is a Vice Chancellor’s Professorial Fellow of Monash University and a member
    of the Monash University Global Leaders’ Summit.
    As a Professor, she is involved in teaching advanced commercial law, international
    arbitration and transnational dispute resolution in the Monash University Faculty of
    Law postgraduate programs.
    She was the Judge in Residence 2020-21 at the University of Melbourne Law
    School.

    Professional Life


    The former Chief Justice has been a member of the Victorian Bar since 1985. She
    was appointed a Queen’s Counsel (QC) in 1997. At the Bar she practised in
    commercial and administrative law including environmental, town planning and local
    government law.

    Appointments


    Lieutenant Governor of Victoria (2006-2017)
    Companion of the Order of Australia (AC)
    Former Chair: Courts Council of Victoria; Judicial Commission of Victoria; Judicial
    College of Victoria; Victoria Law Foundation; Council of Legal Education; and
    Council of the Victorian Institute of Forensic Medicine
    Founding Member of the Board of Governors of the Asian Business Law Institute

    Contact c/- Dever’s List, Sir Owen Dixon Chambers, 205 William St, Melbourne,
    Victoria, Australia, 3000; telephone +61 3 92257999;
    email jdever@vicbar.com.au or pdever@vicbar.com.au

  • Ross Robson KC
    • Strategic Advice
    • Arbitration Mediation ADR

    The Hon Ross Robson QC was admitted in 1972, signing the Victorian Bar Roll in 1973.

    He had a very busy practice as a barrister and later as a silk, appearing in some of the important trials in and out of Victoria.

    In addition to his practice Ross was chairman and director of Barristers Chambers Limited and Barfund Pty Ltd and a trustee of the Victorian Bar Superannuation Fund for over twenty years.

    He was appointed a Justice of the Supreme Court of Victoria in 2007, where he was the Head of Corporations List until 2016.

    Ross returns to the Victorian Bar to provide strategic advice to clients and as a Mediator or Arbitrator.



  • 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.

  • 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

  • Winneke Chris
  • Batrouney Edward

    Ed has a broad commercial practice, including financial services, international arbitration, professional negligence, civil fraud, class actions, corporations, insolvency, and regulatory matters. He also acts in media / defamation matters and disciplinary proceedings.

    Ed has been recognised in Doyle's Guide as a leading commercial litigation and dispute resolution barrister in 2020, 2021 and 2022.

    Ed graduated with first class honours in law from Melbourne University and completed the BCL (Distinction) at the University of Oxford in 2011.

    From 1st May 2015, liability limited by a scheme approved under Professional Standards legislation.

  • Noonan John

    Retired 2023

  • Corrigan Michael

    Retired 2023

  • McCaffrey J. Paul

    Retired 2023

  • Maharaj Sashi

    Sashi has a broad national practice with primary focus on Federal and State government work. She regularly appears as lead counsel in appellate and judicial review work in the Federal Court, State Supreme Courts and the High Court.

    Her broad areas of practice span public law, commercial, common law and also include: law enforcement and regulatory law, administrative law, migration, taxation, corporate and personal insolvency, corporations law, constitutional law, consumer protection and trade practices, superannuation, and veterans’ law.

    Sashi has held a national retainer as senior counsel since 2007 for significant law enforcement litigation and advising work on behalf of the Commonwealth. As junior counsel she was retained to conduct immigration cases for the Commonwealth in the Federal Court. She has conducted in excess of 200 migration matters including Full Court appeals involving test points in the Federal Court on behalf of the Commonwealth. Sashi has been recognised in Doyles “Best Barristers” guide. She holds a top-secret security clearance from the Commonwealth.

    She is currently acting as lead counsel for the Commissioner of Police (Vic) in various Gobbo related and significant litigation pending in the Victorian Supreme Court and Court of Appeal.

    She has appeared as lead counsel in (a) well in excess of 100 Full Court of the Federal Court appeals and judicial reviews (b) several State Supreme Court appeals and judicial reviews and (c) well in excess of 300 first instance matters in the Federal Court involving significant test points and statutory construction issues involving federal law matters. She has also appeared as junior to the Solicitor General of the Commonwealth in several significant High Court matters for the Commonwealth.

    Some of the more notable appearances are as follows:

    Full Court of the Federal Court

    Lead counsel in the following significant appeals involving federal laws:

    • XXVII v The Commonwealth of Australia (2018 challenge to validity of Commonwealth's executive determinations)
    • Australian Crime Commission v NTD8 (No 2); Australian Crime Commission v NTD8 (Test cases regarding Commonwealth’s NT intervention)

    Commissioner of the Australian Federal Police v Oke (Legality of AFP search warrants tested) JJ v Board of the Australian Crime Commission; C Incorporated v Australian Crime Commission; S v Australian Crime Commission; CC Pty Ltd v Australian Crime Commission; P* v Board of the Australian Crime Commission; GG v Australian Crime Commission; and CXXXVIII v The Commonwealth (Administrative Law – statutory construction – test cases on legality of executive acts of the Commonwealth)

    • SBEG v Secretary, Department of Immigration and Citizenship (Migration law involving test points – whether permanent injunctive relief can be given regulating form of detention – choice of law – application of State laws to negligence claim against Commonwealth)
    • Repatriation Commission v Butcher; Repatriation Commission v Stoddart; Lees v Repatriation Commission; Repatriation Commission v Richmond (Construction of significant provisions of the Veterans’ Entitlements Act 1986 (Cth))
    • Minister for Immigration & Multicultural & Indigenous Affairs v Al Masri (Mandatory detention of an unlawful non-citizen pending removal from Australia – whether continued detention authorised where no real likelihood or prospect of removal in the reasonably foreseeable future)
    • Comcare v Simmons; Australian Postal Corporation v Sinnaiah (Construction of significant provisions of the Safety, Rehabilitation and Compensation Act 1988 (Cth))

    Significant Supreme Court matters including Intermediate Appellate Courts

    Acted as lead counsel in the following significant cases:

    • Madafferi v The Queen [2022] VSCA 189 and [No 2] 2021 VSCA 5
    • Zirilli v The Queen [2022] VSCA 192
    • Keasey v Director of Housing [2002] VSCA
    • Arico v The Queen [2002] VSCA 35, and [2021] VSCA 353
    • Zirilli v The Queen [2021] VSCA 2, [No 2] [2021] VSCA 5 and [2021] VSCA 305, Madaferri v The Queen [2021] VSCA 1 (production and PII claims)
    • Barbaro v The Queen [2021] VSCA 370
    • Mokbel v The Queen [2021] VSCA 366
    • Polimeni v The Queen [2021] VSCA 329 and [2022] VSCA 20
    • Dale v The Queen [2012] VSCA 324 324
    • Murray v The Chief Examiner [2018] VSCA 144
    • Murray v the Chief Examiner (Vic Court of Appeal) (2017 challenge to contempt to powers)
    • DPP (Cth) v Galloway & Others (Vic Court of Appeal) (2017 appeal regarding coercive powers)
    • DBH v Australian Crime Commission & Ors (Qld Court of Appeal) (Coercive powers of the Australian Crime Commission tested)
    • Australian Crime Commission v Marrapodi (WA Court of Appeal) (Jurisdiction – Commonwealth’s coercive powers tested)
    • H Ltd v J (SA Supreme Court) (Test case on whether court has jurisdiction to make declarations about right to take one’s life - Commonwealth Constitution)
    • DBH v Australian Crime Commission & Ors (Qld Court of Appeal) (Disclosure of confidential coercive examination material)
    • Onesteel Trading Pty Ltd v Ewing International Limited Partnership & Ors (SA Full Court) (Practice and procedure on appeals)
    • Securency prosecutions involving Reserve Bank subsidiary employees (Vic Supreme Court) (Intervention by the Commonwealth in the criminal trials to make submissions on important statutory construction issues involving Federal laws)

    High Court matters

    Appeared with the Solicitor General of the Commonwealth in the following significant matters involving federal laws:

    • Strickland, Galloway & Others v DPP (Cth) & the Commonwealth of Australia (2018 Challenge to executive action of the Commonwealth)
    • Al-Kateb v Godwin (Detention power of the Commonwealth under the Migration Act tested)
    • Minister for Immigration and Multicultural and Indigenous Affairs v Al Khafaji (Judicial power – Immigration)
    • Re Macks - (Jurisdiction of Federal Court – cross-vesting legislation. Inconsistency – Invalidity under Chapter III – Whether State laws repugnant to federal judicial power)
    • Emanuele v ASIC and Commissioner of Taxation (Companies – Winding up in insolvency – Corporations Law)
    • Byrnes v R (Constitutional Law – Inconsistency of laws)

    Acted as lead counsel in other Federal Court significant cases in which she has acted as lead counsel

    • Kew v Director of Professional Service Review (2021 case involving judicial review of Professional Services Review Committee and statutory construction issues under Health Insurance Act 1973 (Cth))
    • SBEG v Secretary, Department of Immigration and Citizenship (Immigration law involving test points – whether permanent injunctive relief can be given regulating form of detention – choice of law – application of State laws to negligence claim against Commonwealth)
    • Commissioner of Taxation v Moignard (Test case on construction of ss 97 and 101 of Income Tax Assessment Act 1936 (Cth))
    • Sheahan, in the matter of Atsikbasis Nominees Pty Ltd (in Liq) (Taxation - insolvency)
    • Australian Postal Corporation v Gorman (Jurisdictional error by Fair Work Australia)
    • Stoddart v Repatriation Commission (Veterans’ Law – test case on construction of Veterans’ Entitlements Act and the statement of principles made thereunder)
    • APRA v Holloway (Test case on anti-avoidance provisions of Superannuation Industry (Supervision) Act 1993 (Cth))
    • Geographical Indications Committee v The Honourable Justice O’Connor - (Acting for Wine and Brandy Corporation - dispute about the SA Coonawarra wine region boundary)
    • Milad v Vocational Registration Appeal Committee; Michael Alastair Reid & Ors v Vocational Registration Appeal Committee & Anor (Novel medical registration issues under Commonwealth legislation tested)
    • In the matter of Addstone Pty Ltd (in liq); Peter Ivan Macks; Giuseppe Emanuele v Ronald Alwin Grey, Brian Bates, Peter John Lamb, Arthur Brown, Allan John Dau, Peter Edward Phillips, Ian Douglas Temby and Commonwealth of Australia; Re Simionato Holdings Pty Ltd (CAN 065 117 259); The Commissioner of Taxation of the Commonwealth of Australia v Simionato Holdings Pty Ltd; Citicorp Australia Ltd & Ors v Official Trustee in Bankruptcy & Anor; Commonwealth of Australia v Emanuel Projects Pty Ltd, Emanuel (Rundle Mall) Pty Ltd, Cc Lot 4 Pty Ltd, Emanuel (No4) Pty Ltd, Heriot Pty Ltd, Emanuel Properties Pty Ltd, Giuseppe Nominees Pty Ltd, Emanuel Management Pty Ltd, PBRS Pty Ltd, Grangeville; Rocco Emanuele and Linton Emanuele v Australian Securities Commission and Addstone Pty Ltd (In Provisional Liquidation) and Others; Simionato Holdings Pty Ltd v the Commissioner of Taxation of the Commonwealth of Australia; Commonwealth of Australia v Hendon Industrial Park Pty Limited); Sheahan, in the matter of Atsikbasis Nominees Pty Ltd (in liq); LHRC v Deputy Commissioner of Taxation (Cases involving corporate and personal insolvency and corporations law issues - and taxation issues - involving several test points)
    • Salerno v National Crime Authority & Ors (Challenge to legality of law enforcement activities)
    • NATB v Minister for Immigration (Removal of unlawful non-citizen from Australia - duty of officer to remove the non-citizen "as soon as reasonably practicable")
    • SSBV v National Disability Insurance Agency (NDIS)

    Prior to joining the Bar, Sashi was an Associate to the Chief Justice of Tasmania, Sir Guy Green and then Senior Executive Officer and General Counsel with the Australian Government Solicitor. As General Counsel for the AGS she appeared as lead counsel in a wide range of federal law appellate and trial proceedings including public and administrative law, tax, veterans matters, migration, corporate and personal insolvency, trade practices and constitutional law matters.

    Sashi’s resume including details of significant court appearance is annexed here 

    MEMBERSHIPS AND ASSOCIATIONS

    Vice Chairperson of the Essoign Club (Victorian Bar)

    Women Barristers' Association

    Member of the Australian Constitutional Law Association

    Asian Australian Lawyers Association

    Sashi has formerly served as a member of the South Australian Bar Council and Chairperson of the SA women at the Bar Committee of the SA Bar, the Deputy Chairperson of the SA Disciplinary Appeals Tribunal and the Vic Bar Diversity and Inclusion Committee. She has been a mentor of Indigenous law students.

  • Nixon James

    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.

  • Bornstein Phillip

    Retired from practice.


    From 2nd Dec 2010, liability limited by a scheme approved under Professional Standards legislation.

  • Rattray Neil Y.

    Retired as of July 1st 2023



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