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
Sebastian practises in public, administrative and common law.
He acts both for and against government agencies and departments, local government and other statutory bodies in areas including licensing and regulation (with administrative and offence provisions), coronial inquiries and police torts.
He has appeared as Counsel assisting and interested parties in the Coroner's Court and before specialist Tribunals including the Building Appeals Board and the Veterinary Practitioners Registration Board.
He has experience in Education Law and the operation of the Child Wellbeing and Safety Act having conducted numerous investigations for schools and education providers overseen by the Commission for Children and Young People.
He is regularly briefed in disciplinary matters both on behalf of regulatory bodies and respondents and has extensive experience particularly in health practitioner Immediate Action proceedings and referral matters under the National Law. He has appeared in NCAT (NSW Civil and Administrative Tribunal) and the Tasmanian Veterinary Board.
Sebastian has appeared in judicial review matters in the Supreme Court and was recently junior Counsel to Dr. S.B. McNicol QC in the matter of Southgate Management Pty Ltd v Nitschke [2018] VSC 236 before Priest AJ regarding the validity of charges issued under the Food Act 1984.
Sebastian was Counsel Assisting the Coroner in the inquests into the deaths of Stephen Niit (death in custody) and the deaths of Maureen Braddy and Allan Whyte (cold case disappearance) and Sargun Ragi & Avijit Singh (domestic violence homicide / suicide matter).
The RSPCA also frequently brief Sebastian in relation to offences committed under the Prevention of Cruelty to Animals Act 1986.
He has appeared and has done work for a number of statutory authorities and agencies including PrimeSafe, Melbourne Water, the City of Melbourne and Workcover.
He was briefed to advise the Department of Premier and Cabinet in regard to the Legislative Council Select Committee on Gaming Licensing.
Sebastian also has experience in conducting common law proceedings.
In 2016 he became a member of the Appeals Committee of the Royal Australasian College of Surgeons and in 2018 was invited to join the Professional Standards Committee of the Royal Australasian College of Surgeons.
Sebastian also sits on the Board of Directors of MiCare an aged care and migration services provider and is President of his local junior football club.
Sebastian is a current member of the Victorian Bar's Student Engagement Committee.
Liability limited by a scheme approved under Professional Standards legislation.
Common Law and Insurance Litigation, TAC proceedings, Medical Negligence, Sexual Assault, Class Actions, Trade Practices, Administrative Law.
Formerly a Solicitor at Ebsworth & Ebsworth (1987-1990).
Since coming to the Bar in 1990 Mark has practised exclusively in the diverse commercial area with principal emphasis on Professional Negligence, Banking/Finance, Corporations Law, Building and Construction, Equity, Securities, Trade Practices and non-personal injuries Insurance litigation.
Mark’s personal interests include theatre, Dandie Dinmont Terriers and military history.
From 3rd May 2012, liability limited by a scheme approved under Professional Standards legislation.
Andrew put on a bit of condition since becoming a parent, but sees this as lending greater weight to his submissions.
He enjoys riding Italian motorcycles and eating Italian food (see reference to condition).
An experienced advocate who can be an expert on anything given sufficient notice.
Maya has over 20 years' experience at the commercial bar appearing in applications, directions and trials in jurisdictions from VCAT to the Supreme Court of Appeal.
She enjoys a broad based commercial practice including contract disputes, equities, trusts, partnerships, mortgages and other securities as well as property disputes, building and construction, franchise disputes, company and insolvency disputes. Maya has also appeared in Fair Work Act general protection and unfair dismissal matters as well as discrimination and equal opportunity matters in the Federal Court and VCAT.
Maya completed her Australian Mediation Training in 2004. She is an accomplished and strategic negotiator and will provide early assistance to instructors and clients on limiting the costs and risks of lengthy and expensive trials where appropriate. She has successfully employed the Civil Procedure Act 2010 to enforce procedural compliance by opposing parties in disputed matters including on matters of costs.
Maya completed her articles with Darvall McCutcheon in 1989 and worked as a commercial litigation solicitor at that firm and later at Lander & Rogers. In 1993 she was appointed an Associate at Jack Cohen, Serry & Co. On coming to the bar, Maya was extremely fortunate to read with the Honourable Justice Almond as one of only 5 readers before he took silk and his only female reader.
Maya is a regular contributor to the Bar Readers Course in advocacy training and has travelled a number of times with the Victorian Bar Pacific Rim Committee to Papua New Guinea and the Solomon Islands to carry out advocacy training of local students and lawyers.
Practises in general commercial law, including contracts, corporations, equity and insolvency. Formerly associate to Elliott J of the Supreme Court of Victoria and solicitor at Mallesons.
Selected matters:
Committees:
From 1st May 2014, liability limited by a scheme approved under Professional Standards legislation.
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.
Liability limited by a scheme approved under Professional Standards legislation.
Tragically passed away during the night of Sep 30th 2024
Georgina has extensive experience as a trial (including jury) and appellate advocate. She has appeared in a broad range of civil matters, including contract and property disputes, consumer protection claims, the review of administrative decisions and the protection of confidential information.
Georgina has particular expertise in media law, intellectual property and related trade practices matters. She has acted for plaintiffs as well as media organisations and internet service providers in defamation proceedings (many of them involving high profile claimants). She has acted in applications for suppression orders and contempt of court proceedings and in a number of important trade mark cases.
Tristan has significant experience in large commercial and construction disputes. He also acts regularly in professional negligence matters, including on behalf of barristers, solicitors, builders, building owners, owners corporations, building surveyors, architects, engineers and real estate agents.
Before joining the Bar in 2008, Tristan was a commercial litigator at Minter Ellison and Mallesons Stephen Jaques.
Published decisions in which Tristan has appeared include:
- Zhang v Oakmont Properties Pty Ltd [2020] VSC 810
- Oakmont Properties Pty Ltd v Duan Lan Zhang & Anor [2019] VSC 568
- Oakmont Properties Pty Ltd v Zhang (Building and Property) [2019] VCAT 92
- O'Keeffe v Toop & Ors [2018] VSC 421
- Ozaltay & Anor v Atilla & Anor (No 2) [2018] VSC 764
- Johns Lyng Commercial Builders Pty Ltd v Carrington International Pty Ltd (Building and Property) [2016] VCAT 1821
- Rees v Rees [2016] VSC 452
- Melina Sehr v Best Hooper Ltd [2015] VMC 32
- Metricon Homes Pty Ltd v Hooper [2014] VSC 12
- Hooper v Metricon Homes Pty Ltd [2014] VCAT 277
- Clarendon Homes Vic Pty Ltd v Zalega [2010] VCAT 1202
- Sivritas v Sivritas & Anor [2008] VSC 374
- DPP v Williams [2004] VSC 360
Since coming to the bar in 2010, Jane has practiced in the local government, planning and environment field. She frequently appears and advises in matters before the Victorian Civil and Administrative Tribunal, Planning Panels Victoria and various ministerial panels. She also advises and appears in planning, building, local government and administrative law matters in the Magistrates Court and Supreme Court.
Jane acts for developers (including listed companies and smaller companies), statutory authorities such as local government, Victrack and the Environment Protection Authority, third party objectors and submitters to VCAT and panels.
Prior to becoming a lawyer, Jane was a statutory town planner for approximately 10 years working in both the private and public sector. As a statutory planner in local government she gained extensive experience in the planning permit and amendment processes and in the private sector she frequently drafted statements of evidence for expert planners and urban designers. In her position as Planning Appeals Advocate/ Coordinator, she regularly appeared before the Planning List at VCAT on behalf of the Responsible Authority.
Before coming to the bar Jane was a solicitor at Maddocks Lawyers in the Planning and Environment Group, where she regularly appeared at VCAT in relation to merits appeals, declaration applications, enforcement orders and contempt proceedings. She also had carriage and instructed in matters on appeal from VCAT to the Supreme Court and provided advice in planning and local government matters, and drafted and reviewed Section 173 agreements.
In 2006-7 Jane was articled to Mallesons Stephen Jaques where, amongst other things, she successfully assisted a major retail client through the permit and planning scheme amendment process.
Jane is a Board member (Treasurer) of the Victorian Planning and Environment Law Association.
Liability limited by a scheme approved under Professional Standards legislation.
David practices primarily in Patent Law and Intellectual Property generally, Competition, Telecommunications, Administrative, Corporations and Commercial
Law and appellate work.
Over the last 40 years, David has had extensive trial and appellate experience in Australia in the Federal Court and High Court, focused heavily, but not exclusively, on patents (especially pharmaceutical and life sciences, and software and business methods) on trade marks and competition and administrative law. He also has trial and appellate experience in the Supreme Court of Victoria, especially in the Commercial Court. He has also appeared in the Equity Division of the NSW Supreme Court. He has appeared in a number of landmark patent, trade mark and competition cases as a silk over the last 26 years.
In New Zealand where David was appointed silk in 1994, his appearance work in the High Court, Court of Appeal and Supreme Court has focused heavily on competition and regulatory work but includes some patent and trade mark work. He appeared for Transpower in NZ in the input methodologies litigation and Pfizer in the Viagra patent litigation.
For nine years he lectured in the Masters programs at Melbourne Business School, Melbourne University and Monash University in Advanced Trade Practices Law with the late Prof Maureen Brunt, the late Professor Baxt and Professors Fels, Williams, and Officer. David has been an accredited LEADR Mediator and the former Trade Practices Editor of the ABLR. David is also admitted in New Zealand.
Damian practices in all jurisdictions in Australia.
He specialises in criminal law in each of the appellate and trial divisions of the Superior Courts and the Magistrates Court.
He further specialises in inquests, sports law and thoroughbred and harness racing.
He also appears generally in professional and trade disciplinary tribunals, liquor licensing and VCAT.
Before signing the Bar Roll, Deborah was a solicitor at Corrs Chambers Westgarth practising in employment and industrial law. Prior to that Deborah was the Associate to Justice A.M. North in the Federal Court of Australia.
Since coming to the Bar Deborah has practised in administrative law, public law, employment/industrial and general commercial law.
Deborah has an Honours and a Masters degree in law.