Search Results

  • Stephenson Bill

    Bill practises primarily in commercial disputes, with a particular focus on building and construction, insolvency, and consumer law litigation, as well as arbitration.

    Before joining the bar, Bill worked at the Supreme Court of Victoria as an associate to Justice Sloss of the Commercial Court where he assisted in the hearing and conduct of complex commercial disputes and urgent applications. In his role as an associate, Bill was involved in a wide variety of commercial matters involving insolvency, bankruptcy, banking, consumer protection and property law.

    Bill also practised for two years as a solicitor at MolinoCahill Lawyers, a specialist law firm providing legal advice to clients involved in the construction, infrastructure, technology, defence, and energy and resource sectors. During his time at MolinoCahill, Bill was involved in large scale Supreme Court and Federal Court litigation, as well as mediation and arbitration, related to the construction of road, rail and pipeline infrastructure.

    Bill holds a Juris Doctor from the University of Melbourne, where he graduated in the top 10% of his class. He is reading with Robert Craig and his senior mentor is Nicholas Hopkins QC.

    From 03 May 2018, liability limited by a scheme approved under Professional Standards legislation.

  • Storey Tom

    Tom has a broad common law practice with a focus on personal injury and insurance law.

    He has particular expertise in matters involving complex psychiatric injuries, spinal and other orthopaedic injuries, as well as dust-related conditions.

    Tom also has expertise in aviation insurance matters, acting for private and government clients in relation to aircraft accidents involving death and serious injury.

    He accepts briefs to appear in trials alone (or led) before judge and/or jury in the Supreme Court of Victoria and County Court.

    Tom provides written advice, prepares paperwork, attends settlement conferences and mediations.

    Before coming to the Bar, Tom worked as a solicitor advising government and corporate clients across a broad range of insurance-related matters.

    Tom was awarded a scholarship to attend Bond University to study Law. He graduated with Honours and class prizes, including first place in Trial & Appellate Advocacy.

    He read with Dugald McWilliams and his Senior Mentor is Andrew Clements KC.

    From 6th May 2016, liability limited by a scheme approved under Professional Standards legislation.

  • Strong James

    James has nearly 20 years' experience in corporate, taxation and commercial matters.

    James was most recently a partner in the corporate tax practice of PwC - where he advised major Australian and multi-national clients in relation all aspects of their Australian taxation affairs. James' experience includes advising on mergers and acquisitions, corporate restructuring and insolvency, equity and debt raising, cross-border investment and dispute resolution - including extensive dealings with senior officials within the Australian Taxation Office.

    James has particular experience in the Energy and Mining industries, and most recently lead PwC's Global Energy & Mining Taxation practice.

    James' clients comment on his:

    - depth of technical expertise

    - understanding of the commercial context in which a client's issues arise

    - understanding of the broader commercial landscape

    - energy and passion in working with clients to find the best possible outcomes based on their circumstances.

    James holds a Bachelor of Laws (LLB) degree from the University of Melbourne and a Master of Laws (LLM, Commercial law) from Monash University.

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

  • Stuckey Scott

    Scott has an active commercial practice regularly appearing in trials and appeals in the Supreme and Federal Courts as well as in the County Court and VCAT and private arbitrations. His areas of practice involve commercial law, contractual and partnership disputes, equity and trusts, the domestic building insurance regime, VWA premium calculations and commercial negligence actionsin the agricultural sector and generally.

    Scott graduated from the University of Melbourne with a degree of LLB (Hons) and BA (Hons). Having completed articles at Freehill Hollingdale & Page he acted as associate to McGarvie J prior to his appointment as Governor of Victoria and to Harper J until 1993.

    Selected cases in which Scott has appeared are:

    Hamex Corporation Pty Ltd v Latrobe Street Ventures Pty Ltd (No 2) [2020] FCA 199 (25 February 2020)

    Clementi v Rossi [2019] VSC 725 (7 November 2019)

    Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662 (10 October 2019)

    Mirvac Victoria Pty Ltd v Liszka & Anor; Mirvac Victoria Pty Ltd v Pahor [2019] VSC 561 (23 August 2019)

    Demetrios v Lehmann [2019] VSC 301 (10 May 2019)

    Gabelich v Donaghey [2018] VSC 184 (10 May 2018)

    Bauer Consumer Media Ltd v Evergreen Television Pty Ltd [2019] FCAFC 71 (3 May 2019)

    Adventure Golf Systems Australia Pty Ltd v Belgravia Health & Leisure Group Pty Ltd [2017] VCC 185 (22 March 2017)

    Blanalko Pty Ltd v Lysaght Building Solutions Pty Ltd [2017] VSC 97 (10 March 2017)

    Jovanovic v Magri [2017] VSCA 373 (14 December 2017)

    Adventure Golf Systems Australia Pty Ltd v Belgravia Health & Leisure Group Pty Ltd [2017] VSCA 326 (8 November 2017)

    Bauer Consumer Media Limited v Evergreen Television Pty Ltd [2017] FCA 507 (12 May 2017)

    Luhan v Micallef [2017] VSC 246 (10 May 2017)

    Victorian WorkCover Authority v Divadeus Pty Ltd (in liquidation) [2016] VSCA 81 (28 April 2016)

    Alpine Petroleum Pty Ltd v Jonmac Transport Pty Ltd & Anor [2016] VCC 136 (25 February 2016)

    Feiglin v Ainsworth [2015] VSCA 326 (7 December 2015)

    Gann v Hosny [2015] VSCA 43 (16 March 2015)

    Mayer v Mayer [2015] VSC 2 (20 January 2015)

    Divadeus Pty Ltd v Victorian WorkCover Authority [2014] VSC 578 (5 December 2014)

    Bakers Investment Group (Australia) Pty Ltd v Caason Investments Pty Ltd (No 2) [2014] VSC 598 (4 December 2014)

    Feiglin v Ainsworth & Ors [2014] VSC 233 (22 May 2014)

    ACCU Ltd v Fellows [2014] VCC 581 (9 May 2014)

    Bakers Investment Group (Australia) Pty Ltd v Caason Investments Pty Ltd & Ors [2014] VSC 154 (4 April 2014)

    Feiglin v Ainsworth (No 2) [2014] VSC 376 (20 August 2014) Luong & Anor v Du (No 2) [2014] VSC 37 (14 February 2014)

    Luong & Anor v Du [2013] VSC 723 (19 December 2013)

    Kalenik v Apostolidis & Ors (No 2) [2013] VSC 395 (8 August 2013)

    Feiglin v Ainsworth (No 3) [2013] VSC 560 (21 October 2013)

    Samil Power Company Limited v Schneider & Ors [2013] VSC 382 (1 August 2013)

    Java Gold Australia & Ors v Java Gold Coffee & Ors [2013] VCC 645 (26 July 2013)

    Feiglin v Ainsworth (No. 2) [2013] VSC 83 (5 March 2013)

    Anderson v QBE Insurance (Australia) Ltd [2013] VCC 77 (22 February 2013)

    V & D Zurcas Holdings Pty Ltd v K & S Coolstores Pty Ltd & Anor [2013] VCC 75 (20 February 2013)

    The Solicitors' Trust v Oxenbould [2013] TASFC 2 (1 February 2013)

    Emu (Aus) Pty Ltd v Victorian WorkCover Authority [2012] VSC 610 (12 December 2012)

    Clifton Developments (Vic) Pty Ltd v Owners Corporation 1 Plan No. PS510766U [2012] VCC 695 (6 June 2012)

    King v Lynpete Australia Pty Ltd & Ors [2012] VSC 140 (18 April 2012)

    Dura (Australia) Constructions Pty Ltd v Victorian Managed Insurance Authority [2012] VSC 114 (30 March 2012)

    Dura (Australia) Constructions Pty Ltd v Victorian Managed Insurance Authority [2012] VSC 34 (9 February 2012)

    Oxenbould v The Solicitors' Trust (No 2) [2011] TASSC 63 (2 December 2011)

    Oxenbould v The Solicitors' Trust [2011] TASSC 57 (3 November 2011)

    United Petroleum Pty Ltd & Anor v Victorian WorkCover Authority; Emu (Aust) Pty Ltd v Victorian WorkCover Authority [2011] VSC 570 (10 November 2011)

    Feiglin & Anor v Ainsworth & Ors [2011] VSC 454 (19 September 2011)

    Winter v Equuscorp Pty Ltd [2010] VSC 419 (17 September 2010)

    Cibalevski v Ristevski (No. 2) [2010] VCC 503 (19 May 2010)

    Dura (Australia) Constructions Pty Ltd v The Victorian Managed Insurance Authority & Anor [2009] VSCA 171 (29 July 2009)

    Pearsons Barristers and Solicitors v Avison [2009] VSCA 54 (27 March 2009)

    Cibalevski, Robert v Ristevski, Saso [2009] VCC 1270 (16 October 2009)

    Aylett v Peter Rowland Catering Pty Ltd & Ors [2008] VSC 467 (11 November 2008)

    Dura (Australia) Constructions Pty Ltd v The Victorian Managed Insurance Authority & Anor [2008] VSC 483 (23 October 2008)

    Foster v Galea & Anor [2008] VSC 317 (22 August 2008)

    Allianz Australia Insurance Ltd v Douralis & Ors [2008] VSCA 72 (8 May 2008)

    Zephyr Property Developments Pty Ltd v Contractors Bonding Limited [2008] VSC 122 (24 April 2008)

    Ryan & Anor v Victorian Managed Insurance Authority [2007] VSC 474 (23 November 2007)

    Douralis and Allianz Australia Insurance Ltd v Ninety Second Sonmar P/L and Simpson [2006] VCC 1819 (27 April 2006)

    Macdonald v Australian Wool Innovation Ltd [2005] FCA 105 (18 February 2005)

    Housing Guarantee Fund Ltd v Ryan [2005] VSC 214 (23 June 2005)

    Kalenik v Apostolidis [2005] VSC 27 (18 February 2005)

    In the matter of Greek Orthodox Community of Melbourneand Victoria [2003] FCA 1269 (7 November 2003)

    Tamas v Victorian Civil and Administrative Tribunal & Ors [2003] VSCA 113 (21 August 2003)

    Caltex Australia Petroleum Pty Ltd v Calypso Haulage Pty Ltd and Ors [2003] VSC 359 (19 September 2003)

    Spitfire Nominees Pty Ltd and Anor v Hall & Thompson (a firm) [2001] VSCA 245 (20 December 2001)

    Victorian WorkCover Authority v I R Cootes Pty Ltd [2001] VSCA 85 (6 June 2001) Aliferis v Kyriacou [2000] VSCA 123 (20 July 2000)

    Croft v McNamara [1999] VSC 495 (7 December 1999)

    Northgate Valley Pty Ltd v Westpac Banking Corporation [1999] VSC 373 (15 September 1999)

    Gibson v ANZ Banking Group Ltd [1999] FCA 1327 (14 September 1999)

    Alan Chalmers v Deakin University [1997] FCA 766 (11 August 1997)

    Allen John Wilson and Joy Wilson v Hollywood Toys (Australia) Pty Ltd and John Francis Taafe [1996] FCA 1622 (18 July 1996)

    Allen John Wilson and Another v Hollywood Toys (Australia) Pty Limited and Others [1996] FCA 1296 (7 March 1996)

    Price Higgins and Fidge v Alexander J Drysdale [1995] VSC 208; [1995] VICSC 208 (27 October 1995)

    Liability limited by a scheme approved under Professional Standards Legislation.

  • Sweet Robyn

    TYPE OF PRACTICE

    Robyn has a national practice, and acts principally in industrial relations and employment law matters in both State and Federal jurisdictions.

    EXAMPLES OF RECENT CASES (the party Robyn represented is indicated by asterisks below):

    Dikele Diawara v National Australia Bank* - Federal Court of Australia (Sydney) - application for relief under the Australian Human Rights COmmission Act in relation to allegations of discrimination on the basis of sex, race and national origin - ongoing (leading Catherine Pase of Counsel)

    Pricilla Atkins v North Australian Aboriginal Justice Agency* - Federal Court of Australia (Darwin) - interlocutory application for relief from termination or purported termination in contravention of Part 3-1 of the Fair Work Act 2009 (Cth) (leading Catherine Pase of Counsel)

    United Firefighters Union v Fire Rescue Victoria* - Fair Work Commission - application for the Commission to deal with a dispute in accordance with a dispute settlement procedure - claim for increase in allowances - decision pending (leading Matt Garozzo of Counsel)

    G4S* v United Workers Union - Fair Work Commission - application for an order for suspension of protected industrial action - s 424 of the Fair Work Act - resolved by consent (leading Catherine Pase of Counsel)

    JDL v Siemens Mobility Pty Ltd* - Supreme Court of Victoria - claim for breach of employment contract - incorporation of policies into contract - decision at https://aucc.sirsidynix.net.au//Judgments/VSC/2023/T0028.pdf

    AA v Startrack Express Pty Ltd* - Victorian Civil and Administrative Tribunal - claim of sexual harassment under the Equal Opportunity Act 2010 - decision pending

    CC v Australian Unity Home Care Services* - Federal Circuit and Family Court of Australia - application for summary dismissal - (No 4) [2022] FedCFamC2G 824

    CP v Commonwealth of Australia (Australian Taxation Office)* - Federal Court of Australia - claim of age and disability discrimination - general protections claim (with Andrew Crocker) - [2021] FCA 1624 (liability); [2022] FCA 135 (costs)

    The Police Federation of Australia (Victoria Police Branch) v Victoria Police* - Fair Work Commission Full Bench - appeal against decision of DP Colman regarding application to deal with a dispute regarding VicPol's capacity to transfer officers holding "maximum time in position" roles - [2021] FWCFB 4161

    Fink v Secretary, Attorney-General’s Department* – Administrative Appeals Tribunal – application for redundancy pay under the Fair Entitlements Guarantee Act following the insolvency of an employer - [2021] AATA 734

    Lunt v Victoria International Container Terminal Pty Ltd* - Full Federal Court of Australia - appeal from decision dismissing appellant's proceeding as an abuse of process (with Stuart Wood AM QC and Nico Burmeister) - [2020] FCA 40

    Lunt v Victoria International Container Terminal Pty Ltd*- Federal Court of Australia - application for constitutional writs (with Stuart Wood AM QC and Nico Burmeister) - settled

    SR v Australian Postal Corporation* – Federal Court of Australia – application for compensation and penalties - settled

    JW v Australian Postal Corporation* - Federal Circuit Court of Australia – application for compensation and penalties - settled

    Upton v Australian Federal Police* - Federal Court of Australia – application for compensation and penalties - settled

    De Sousa v Newcrest Pty Ltd*– Supreme Court of Victoria – proceeding for damages arising from alleged breach of contract – misleading and deceptive conduct

    RS v Amazon Commercial Services Pty Ltd* - Federal Circuit Court of Australia – application for compensation and penalties - misleading and deceptive conduct - settled

    Katherine Morton v Commonwealth Scientific and Industrial Research Organisation*– Federal Court of Australia – application for compensation and penalties

    Hutchinson v Comcare*– Federal Court of Australia – application for relief under the Public Interest Disclosure Act 2013 (Cth)

    Australian Building and Construction Commission* v CFMMEU– Full Court of the Federal Court - appeal – liability and penalty orders

    Psychology Board of Australia* v Wilkinson -Victorian Civil and Administrative Tribunal - disciplinary proceedings under the Health Practitioner Regulation National Law.

    TP v Rio Tinto Shipping Pty Ltd* - Federal Court of Australia - misleading and deceptive conduct - breach of contract - settled

    Director, Fair Work Building Industry Inspectorate* v CFMEU - Federal Court of Australia (Queensland Registry) - application for injunctive relief and penalties

    Maritime Union of Australia v Fair Work Ombudsman* - Full Court of the Federal Court - appeal - liability, penalty and compensation orders

    Robyn sat on the Victorian Bar Council for two years and is the immediate past Assistant Honorary Treasurer of the Victorian Bar (2021, 2022).


    From 07 Aug 2008, liability limited by a scheme approved under Professional Standards legislation.

  • Szydzik Melanie

    Melanie practices in commercial, tort and consumer law in the Federal and State courts. She has particular experience in class actions.

    Melanie is the Chair of the Class Actions Committee of the Commercial Bar Association.

    Before commencing in law, Melanie worked as a scientific researcher, predominantly in synthetic organic chemistry.

    Class actions

    Clarke v JB Hi-Fi Group Pty Ltd – Supreme Court of Victoria, consumer class action

    Bergman v Sportsbet Pty Ltd – Supreme Court of Victoria, consumer class action

    Krakouer v AFL – Supreme Court of Victoria, racial vilification class action

    Thomas & anor v The A2 Milk Company Limited – Supreme Court of Victoria, securities class action

    Tham v Australian Capital Territory [2024] FCA 1508 – Federal Court of Australia, employment class action, settlement approval hearing

    Laricchia v Wisetech Global Limited – Supreme Court of Victoria, securities class action

    Gawler v Fleetpartners Group Ltd – Supreme Court of Victoria, securities class action

    Stallard & anor v Treasury Wine Estates Limited – Supreme Court of Victoria, securities class action

    Huang v Star Entertainment Group Ltd – Supreme Court of Victoria, securities class action

    • [2023] VSC 561 – multiplicity and group costs order

    Lay v Nuix Ltd; Batchelor v Nuix Ltd; Bahtiyar v Nuix Ltd - Supreme Court of Victoria, securities class action, led by Simon Marks KC

    • (2022) ACSR 27; [2022] VSC 479 – multiplicity and group costs order

    Bogan v Estate of Peter John Smedley – Supreme Court of Victoria, securities class action

    • [2023] VSC 105 – security for costs

    Crawford v ANZ & ors – Supreme Court of Victoria, unfair conduct claim, led by Michael Rush KC

    • [2022] FCA 657 – bankrupt lead plaintiff, application for extension of time
    • [2021] VSC 573 – group costs order
    • [2021] VSC 578 – discovery

    McNickle v Huntsman Chemical Company Australia Pty Ltd & ors – Federal Court of Australia, negligence class action concerning Roundup

    • [2024] FCA 1353 – settlement approval hearing
    • [2024] FCA 807 – trial limited to general causation
    • [2023] FCA 1268 – expert opinion evidence
    • [2023] FCA 1216 – case management re closing submissions
    • [2023] FCA 662 – initial trial common questions
    • [2022] FCA 1596 – expert evidence
    • [2022] FCA 1596 – admissibility of expert evidence
    • [2022] FCA 133 – adjournment of trial
    • [2021] FCA 780 – appointment of assessors
    • [2021] FCA 370 – expert evidence

    Shimshon v MLC Nominees Pty Limited & anor – Supreme Court of Victoria, superannuation class action, led by Nicholas Owens SC and with Dr Shipra Chordia

    • [2022] VSCA 18 – costs
    • (2021) 402 ALR 724; [2021] VSCA 363 – appeal re preliminary question
    • [2020] VSC 640 – determination of preliminary question

    Andrianakis v Uber Technologies Inc & ors and Salem v Uber Technologies Inc & ors – Supreme Court of Victoria, conspiracy by unlawful means

    • [2024] VSC 733 – settlement approval hearing
    • [2024] VSC 436 – unregistered group members
    • [2023] VSC 366 – privilege
    • [2023] VSC 56 – strike out application
    • [2022] VSC 643 – privilege appeal
    • [2022] VSC 196 – privilege, including misconduct exception
    • [2021] VSC 744 – sample group members
    • [2020] VSC 885 – strike out application
    • (2020) 61 VR 580; [2020] VSCA 186 – appeal of strike out decision
    • [2020] VSC 152 – amendment to group definition
    • [2019] VSC 850 – strike out application

    Turner v Bayer Australia Ltd & ors, product liability class action, led by Fiona Forsyth KC

    • [2021] VSC 241 – approval of discontinuance and withdrawal of part of the proceeding

    ACN 117 641 004 Pty Ltd v S&P Global Inc – Federal Court of Australia, acted for the second applicant in a dispute concerning whether the proceeding ought to be stayed

    Sister Marie Brigid Arthur (Litigation Representative) v Northern Territory of Australia, settled, administrative law class action, led by Dan Star KC

    • [2020] FCA 215 – settlement approval application
    • [2019] FCA 859 – dispensation with notice requirements

    Court v Spotless Group Holdings Limited – Federal Court of Australia, settled, securities class action, led by Peter Collinson KC

    • [2020] FCA 1730 – settlement approval application

    Fernbrook (Aust) Investments Pty Ltd v AMP Limited – Federal Court of Australia, securities class action, led by Richard Attiwill QC (now the Honourable Justice Attiwill)

    Fletcher v Lendlease Corporation Limited & anor – Supreme Court of New South Wales, securities class action

    Caason Investments Pty Ltd v Simon Xiao Fan Cao – Federal Court of Australia, acted for applicant in dispute with funder

    Bywater v Appco Group Australia Pty Ltd – Federal Court of Australia, settled, employment class action, led by Kristine Hanscombe KC

    Money Max Int Pty Limited v QBE Insurance Group Limited – Federal Court of Australia, settled, securities class action, led by Bernie Quinn KC

    • [2018] FCA 2101 – costs
    • (2018) 358 ALR 382 – settlement approval application

    Manus Island Class Action – Kamasaee v Commonwealth & ors

    • [2018] VSC 138 – settlement distribution scheme
    • [2017] VSC 537 – settlement approval application, led by Fiona Forsyth (now KC)
    • [2017] VSCA 121 – scope of issues to be determined in class action trial, led by David Curtain KC and Fiona Forsyth
    • Ruling No 9 [2017] VSC 171 – live streaming of evidence to group members, led by David Curtain KC
    • Ruling No 8 [2017] VSC 167 – class closure in a group proceeding, led by David Curtain KC and Fiona Forsyth
    • Ruling No 7 [2016] VSC 770 – public interest immunity: foreign relations and Australian Red Cross documents
    • Ruling No 6 [2016] VSC 605 – public interest immunity: foreign relations and International Committee of the Red Cross documents
    • Ruling No 5 [2016] VSC 595 – public interest immunity: cabinet documents, led by Bret Walker SC
    • Ruling No 4 [2016] VSC 492 – public interest immunity; sample foreign relations claims, led by Bret Walker SC
    • Ruling No 3 [2016] VSC 438 – public interest immunity; cross examination in relation to cabinet documents, led by Bret Walker SC
    • Ruling No 2 [2016] VSC 404 – client legal privilege

    Murrindindi Black Saturday Bushfire Class Action – Rowe v AusNet Electricity Services Pty Ltd & ors

    • [2015] VSC 232 – settlement approval application, led by Fiona McLeod SC & Richard Attiwill KC
    • [2014] VSC 553 – expert conclaves
    • [2014] VSC 474 – appeal, client legal privilege, led by Fiona Forsyth

    Kilmore Black Saturday Bushfire Class Action – Matthews v AusNet Electricity Services Pty Ltd & ors

    • [2014] VSC 663 – settlement approval application, led by Robert Richter KC and Lachlan Armstrong (now KC)
    • Ruling No 32 [2013] VSC 630 – role of assessors, led by Andrew Keogh SC (now the Honourable Justice Keogh)
    • Ruling No 31 [2013] VSC 575 – application made pursuant to s 138 of the Evidence Act 2008 (Vic) to exclude evidence obtained improperly, led by Andrew Keogh SC
    • Ruling No 19 [2013] VSC 180 – appointment of assessors, led by Andrew Keogh SC
    • Ruling No 10 [2012] VSC 379 – expert conclaves, led by Tim Tobin SC and Lachlan Armstrong
    • Ruling No 9 [2012] VSC 340 – expert evidence, led by Tim Tobin SC and Lachlan Armstrong
    • Ruling No 6 [2013] VSC 422 – client legal privilege, led by Andrew Keogh SC
    • Ruling No 3 [2013] VSC 116 – obligations under the Civil Procedure Act 2010 (Vic) and client legal privilege, led by Andrew Keogh SC
    • Ruling No 1 [2011] VSC 167 – application to regularise the proceeding when issued without authority of the representative Plaintiff, led by Robert Richter KC and Michael Lee (now the Honourable Justice Lee)

    Earglow Pty Ltd v Sigma Pharmaceuticals Ltd – Federal Court of Australia, securities class action (settled), led by Julian Burnside KC and Lachlan Armstrong

    Commercial and Consumer Law

    Alcoa of Australia Limited & ors v AusNet Transmission Group Pty Ltd & anor – Supreme Court of Victoria

    Gold Coast Marine Aquaculture Pty Ltd v Aqua Star Pty Ltd & ors – Federal Court of Australia, led by David Collins KC

    Riley v Riley – Supreme Court of Victoria, settled, partnership dispute

    Cargill Australia Ltd v Viterra Malt Pty Ltd – Supreme Court of Victoria, sale of business, led by Richard Attiwill KC; Court of Appeal [2023] VSCA 304 – application for leave to appeal indemnity costs order

    Riviera Farms Pty Ltd v Accensi Pty Ltd – Supreme Court of Victoria, settled, contaminated herbicides, led by David Collins KC

    IOOF Holdings Limited v Maurice Blackburn Pty Limited – Supreme Court of Victoria, settled, confidentiality in whistleblower documents, led by Richard Attiwill KC and Fiona Forsyth

    Other

    Chief Commissioner of Police v Paterson [2023] VSC 172 – firearm prohibition

    Inquiries

    Hazelwood Mine Fire Inquiry 2015 – Investigation into increased incidence of deaths (report available at http://hazelwoodinquiry.vic.gov.au/201516-report/volume-ii-investigations-into-2009-2014-deaths)

    Own Motion Inquiry of the Office of the Racing Integrity Commissioner – Investigation into Laming, Potgieter and Zeyaur Rahman (public summary of the report available at https://racingintegrity.vic.gov.au/__data/assets/pdf_file/0018/164151/Public-Summary-Report-Own-Motion-June-2021.pdf)


    Liability limited by a scheme approved under Professional Standards legislation.

  • Tehan Myles

    Myles practises mainly in commercial law, with particular experience in contract, equity, class actions, trade practices, competition, corporations, insurance, professional negligence, telecommunications and technology matters. Myles also has experience in matters involving sports law and defamation.

    Before coming to the Bar, Myles spent over 7 years as a solicitor and then senior associate in the Dispute Resolution group at King & Wood Mallesons, working on a broad range of commercial disputes.

    Prior to undertaking his Articles, Myles spent a year as an Aide to two Governors of Victoria – John Landy AC MBE and Professor David de Kretser AC.

    Myles is a member of the Bar’s Audit, Finance and Risk Committee.

    Some representative matters include:

    • Purchase of business; breach of warranty; misleading conduct: Transonic v Tilakee [2024] VSC 86; [2021] VSC 413 (led by Jack Rush KC and Nick De Young KC, instructed by MinterEllison).
    • Class actions; superannuation: Janssen v OnePath Custodians, Federal Court of Australia [2024] FCA 497 (ongoing) (led by Philip Crutchfield KC and Nick De Young KC, instructed by King & Wood Mallesons).
    • Professional negligence: Pearce v Waller Legal Pty Ltd [2024] VSC 779 (ongoing) (led by Philip Solomon KC, instructed by Lander & Rogers).
    • Defamation: Hun v Aljazeera International (Malaysia) SDN BHD [2023] FCA 1546; [2023] FCA 1103 (led by Renée Enbom KC, instructed by Thomson Geer).
    • Misleading or deceptive conduct: Lanhai Pty Ltd v 7-Eleven Stores Pty Ltd [2023] VSCA 45; [2022] VSC 132; [2021] VSC 587 (led by Philip Solomon KC, instructed by Norton Rose Fulbright Australia).
    • Data/privacy: acting in relation to a number of regulatory investigations into cyber breaches.
    • Wills; estoppel: Re Connock [2023] VSC 488; [2023] VSC 420; [2021] VSC 122; [2021] VSC 64 (unled, instructed by Hall & Wilcox).
    • Contract; misleading or deceptive conduct; restraint of trade: Reid (and ors) v Slade (and ors), Supreme Courts of Victoria and NSW (ongoing) (led by Sam Rosewarne KC, instructed by McCullough Robertson).
    • Royal Commissions: Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (2023, led by Renée Enbom KC, instructed by Ashurst); Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (2018, unled).
    • Fraud; equitable duties; contract: Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd [2023] FCA 462; [2022] FCA 1404; [2022] FCA 254 (unled, instructed by McClusky’s Lawyers).
    • Legal professional privilege: Quebani Pty Ltd v McDonald’s Australia Limited (Appeal) [2023] VSC 439 (led by Rob Craig KC, instructed by Norton Rose Fulbright Australia).
    • Telecommunications; contract; misleading conduct: Business Service Brokers Pty Ltd v Optus Mobile Pty Ltd [2022] VSC 774; [2022] VSC 283; [2021] VSC 547; [2021] VSC 310 (led by Gina Schoff KC, instructed by Danaher Moulton).
    • ASIC regulatory proceeding; misleading conduct; penalties: Australian Securities and Investments Commission v Allianz Australia Insurance Limited [2021] FCA 1062 (led by Suresh Senathirajah KC, instructed by ASIC).
    • Banking; unconscionable mortgage terms: First Mortgage Capital Pty Ltd v Westpac Banking Corporation Ltd [2021] NSWSC 1143 (unled, instructed by Diamonds Solicitors).
    • Employee restraint of trade: Liberty Financial Pty Ltd v Jugovic [2021] FCA 607 (unled, instructed by Herbert Smith Freehills).
    • Competition; administrative review: Application by Flexigroup Limited (No 2) [2020] ACompT 2 (unled, instructed by ASIC).
    • Oppression; corporations: Pacific Dairies Limited v Orican Pty Ltd & Ors [2019] VSC 647 (unled, instructed by DLA Piper).
    • Trusts; equitable duties: Alston v Cormack Foundation Pty Ltd [2018] FCA 895 (led by Allan Myers KC and Ian Hardingham KC, instructed by Frenkel Partners).
    • Contractual interpretation; intellectual property: Apple & Pear Australia Ltd v Pink Lady America LLC [2017] HCASL 83; [2016] VSCA 280; [2015] HCATrans 348; [2015] HCATrans 349; [2015] VSC 617 (led by Rodney Garratt KC, instructed by Hall & Wilcox).
    • Competition; compliance review: Acting as a Compliance Reviewer in respect of orders made by the Federal Court concerning a competition law compliance program (unled, instructed by King & Wood Mallesons).
    • Sports law: acting for a party in the AFL Inquiry into allegations of racism at the Hawthorn Football Club and associated Australian Human Rights Commission complaint (led by Justin Graham KC, instructed by Frenkel Partners); counsel assisting the AFL Tribunal in the Essendon supplements matter; counsel for various players in the AFL Tribunal, AFLW Tribunal and VFL Tribunal; acted as Tribunal and Appeal Board member for various sports.


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

  • Tesarsch John

    John has an extensive commercial practice and has conducted numerous trials, complex applications and appeals. Since 2015, he has been a Senior Fellow of Melbourne Law School, where he lectures in liability insurance law for the masters program.

    John has acted in multiple class actions and other major litigation following high-profile corporate collapses, including the Timbercorp and Cosmetic Institute class actions. His practice areas include professional liability, insurance, contractual disputes, corporations law, equity and trusts, building and construction, property, torts and personal injuries, trade practices, insolvency, banking and finance, and disciplinary hearings.

    Previously, John was a solicitor at Freehills and a special counsel at Norton Rose Australia. He is experienced in mediation and other forms of alternative dispute resolution, and is firmly committed to obtaining timely and cost-effective outcomes for clients.

    John was the inaugural author of The Taxation of Partnerships (The Laws of Australia). He has published articles on many aspects of commercial law including directors’ duties, trade practices and professional liability.

    Click here to view John's CV, including a selection of cases in which he has been involved.

    Liability limited by a scheme approved under Professional Standards Legislation.

  • Tracey John (Jack)

    Jack has a broad practice, focussing on industrial and employment law (including discrimination) matters, administrative law matters, commercial law matters and common law matters.

    Jack is an experienced trial and appellate advocate who appears in courts and tribunals in Victoria and nationally. He also appears as an advocate before military tribunals on behalf of members of the Australian Defence Force, and for parties in connection with Royal Commissions and inquiries.

    Jack has particular expertise in all matters involving the interpretation and application of the Fair Work Act 2009 (Cth) and other industrial and anti-discrimination legislation; and applications for judicial review under the Fair Work Act. He has acted for private individuals and corporations (including ASX listed corporations), the Commonwealth and the State of Victoria, other States and their agencies, regulators and other government bodies.

    Jack has appeared for clients across a broad range of industries including health and aged care, education, manufacturing, construction, transport and logistics, and banking and finance.

    Before coming to the Bar in 2007, Jack served as an associate to Callaway JA of the Court of Appeal of the Supreme Court of Victoria. He read with Stephen O’Meara (now O’Meara J). Jack has mentored four readers: Emma Harold, Patrick Tiernan, Niko Kordos and Ben Holding.

    Jack is a former member of the Victorian Bar Council and has served on other Committees of the Bar. He is also a member of the Industrial, Commercial, Common Law and Military Bar Associations.

    Examples of cases in which Jack has appeared can be found below.

    For further information about his availability, fee rates and other information, please contact his clerk on 9225 7999 or by email to dever@vicbar.com.au.

    Cases in which Jack has appeared

    (Jack’s client is in bold text)

    Ambulance Victoria v Richardson [2024] FWCFB 366 (appeal)

    Application by Mining and Energy Union re Goonyella Riverside Mine [2025] FWCFB 134 (arbitration; appearing for the Commonwealth Minister for Employment and Workplace Relations)

    Australasian Meat Industry Employees' Union v Meat Inspectors Pty Ltd [2025] FedCFamC2G 1128 (trial)

    Australian Municipal, Administrative, Clerical and Services Union v Helloworld Travel Limited, Viva Holidays II Limited [2021] FWC 6535 (arbitration)

    Australian Workers' Union v Chemring Australia Pty Ltd [2019] FCA 750 (interlocutory application)

    Blue Rock Australia Pty Ltd v Kaushik [2025] FCA 176 (interlocutory application)

    Buckeridge v Littlepay Pty Ltd [2023] FCA 1036 (trial)

    Construction, Forestry, Maritime, Mining and Energy Union v Geocon Constructors (ACT) Pty Ltd [2020] FWCFB 5208 (appeal)

    Ermel v DuluxGroup (Australia) Pty Ltd (No 2) [2015] FCA 17; (2015) 67 AILR 102-332 (trial)

    Ezy Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134; (2018) 282 IR 86; (2018) 360 ALR 236 (with Jenny Firkin; appeal)

    Gender-based undervaluation – priority awards review [2025] FWCFB 74 (arbitration)

    Johnson v CUB Pty Ltd (2021) 287 FCR 520; (2021) 313 IR 44; [2021] FCAFC 219 (judicial review)

    Lacson v Australian Postal Corporation (2019) 268 FCR 314; (2019) 284 IR 449; [2019] FCA 51 (trial)

    Larobina v Melbourne Health trading as Royal Melbourne Hospital [2024] FCA 1393 (interlocutory application)

    Laverton Cold Storage Pty Ltd v National Union of Workers [2018] VSC 503 (interlocutory application)

    Maric v Ericsson Australia Pty Ltd [2020] FCA 452; (2020) 293 IR 442 (trial)

    MCLT v Director-General of Security [2018] AATA 1359 (merits review)

    Monash Health v Singh [2023] FCAFC 166; (2023) 327 IR 196 (appeal)

    Nuttall v Hatch Pty Ltd [2024] FCA 339 (trial)

    Perpetual v Epplett & Ors [2025] VSC 193 (interlocutory application)

    Printing Industry Association of Australia v Jurkin [2018] FCA 1001 (appeal)

    Qube Ports Pty Limited v Mr Rudy Burkhardt [2022] FWCFB 65 (appeal)

    Roberts-Smith v Fairfax Media Publications Pty Limited (No 28) [2022] FCA 115 (interlocutory application)

    Roberts-Smith v Fairfax Media Publications Pty Ltd & Ors (No 40) [2022] FCA 1614 (interlocutory application)

    Roohizadegan v TechnologyOne Ltd (No 2) [2020] FCA 1407; (2020) 301 IR 1 (trial)

    Serpanos v Commonwealth of Australia [2022] FCA 1226 (trial)

    TechnologyOne v Roohizadegan (2021) 309 IR 262; [2021] FCAFC 137 (led by Bret Walker SC, with Rowan Minson; appeal)

    TIOBE Pty Ltd T/A TIOBE v Chen [2018] FWCFB 5726; (2018) 282 IR 1 (appeal)

    Transport Workers’ Union of Australia v Linfox Armaguard Pty Ltd T/A Armaguard [2023] FWC 204 (arbitration)

    Von Schoeler v Allen Taylor and Company Ltd (t/as Boral Timber) (2020) 273 FCR 189; (2020) 376 ALR 110; [2020] FCAFC 13 (appeal)


    Liability limited by a scheme approved under Professional Standards Legislation.

  • Treyvaud Penny

    Practises exclusively in Family Law.

  • Wallis Daniel

    Daniel practises in common law with a focus on medical malpractice litigation, public liability claims and institutional abuse claims and appears for both plaintiffs and defendants.

    In his medical malpractice claims Daniel has acted for plaintiffs of all ages with minor injuries through to catastrophic injuries. He has also acted for health service providers and regularly appears in inquests.

    Daniel has been ranked as a leading junior counsel in professional indemnity by Doyle's Guide in 2020, 2021 and 2022 and as a recommended junior counsel in insurance in the 2019 Doyle's guide.

    In his public liability claims Daniel has represented individuals who have suffered injury as well as defendants sued as occupiers or manufacturers including acting for providers of recreational pursuits.

    Daniel also has extensive experience in making applications at various stages of litigation including privilege applications, discovery applications, stay applications and extension of time applications.

    Daniel worked as a Senior Associate at DLA Piper in the Insurance Litigation team before coming to the bar in 2008. Daniel was trained and educated in England before being admitted to practice in New South Wales in 2003 and Victoria in 2004.

  • Walsh Matthew

    Personal Injury, Medical Negligence, Product Liability.

    Matt is an experienced trial and appellate advocate, and practices extensively in the Supreme Court (including the Court of Appeal) and County Court in the following areas:

    • industrial accidents
    • motor vehicle/transport accidents
    • medical negligence
    • total and permanent disablement claims
    • Medical Panel appeals
    • public liability
    • professional negligence
    • insurance
    • recovery proceedings
    • appeals
    • institutional abuse

    Qualifications - Legal

    • LLB (Hons) University of Adelaide
    • Graduate Certificate in Legal Practice (GCLP) University of South Australia
    • Certificate in Mediation at the Harvard Law School (HNI program) Cambridge, USA (2016)

    Qualifications - Other

    • BBus - Bachelor of Business (Accounting/Tax Major)
    • Sydney Futures Exchange, Licensed Dealer
    • Mathematics of Finance. Macquarie University
    • Treasury Management. Graduate School of Managment, University Of Melbourne

    Work History

    ANZ Banking Group Ltd, Melbourne (Capital markets).

    Phillips Fox Adelaide - Clerkship.

    Fisher Jeffries Adelaide - Clerkship.

    HWL Ebsworth Adelaide (formely Kelly &Co) - Articles/lawyer.

    Barrister @ Vic Bar since 1997 and @ SA Bar 2018

    Read with James Peters AM, KC.

    Bar Positions Present

    • Walsh Chambers - Head of Chambers.
    • Aickin Chambers - Senior Member
    • Member of the Common Law Bar Association - Current
    • Member of the Compensation Bar Association - Current

    Bar Positions Past

    • Assistant Honorary Treasurer of the Victorian Bar Council
    • Member of the Victorian Bar Council
    • Director of Barristers’ Chambers Limited
    • Member of the Victorian Bar’s Audit and Finance Committee
    • Member Pro Bono Committee
    • Member alternative dispute resolution committee

    Readers/Mentorship

    Mentor to 8 readers.

    Stewart Pinkstone, Ramon Fowler, Gary Taylor, Peter Haddad,

    Glenn Worth, Robyn Harper, Jacqueline Lontos, Ian Lloyd.

    Chambers

    • Aickin Chambers Melbourne
    • Walsh Chambers Geelong
    • Edmund Barton Chambers Adelaide


    From 10 August 2011, liability limited by a scheme approved under Professional Standards legislation.

  • Walter Nicholas

    Nicholas practises in commercial and tax law.

    He has advised and appeared in matters involving: financial services (both for ASIC and for regulated entities); directors’ duties; oppression; equity and trusts; insolvency; professional negligence; property law; and direct and indirect tax (both for the Commissioner and taxpayers).

    Before coming the Bar, he served as a Senior Adviser in the Corporate and International Tax Division at the Commonwealth Treasury.

    Earlier, he practised as a solicitor in the Dispute Resolution team at Mallesons Stephen Jaques (as it then was). Matters included: M&A disputes; property disputes; and a major construction arbitration.

    He graduated from the University of Melbourne with a Bachelor of Laws (First Class Honours), winning several prizes. He also holds a Bachelor of Science (majoring in mathematics) and a Master of Business Administration, both from the University of Melbourne. He has completed ARITA’s Insolvency Education Program.

    Nicholas read with Albert Dinelli and his senior mentor is Neil Young QC.

    Matters in which he has acted since coming to the bar include:

    Commercial law

    • ASIC v Latitude Finance Australia [2024] FCA 1433: misleading and deceptive conduct (led by Philip Crutchfield KC)
    • Pacific Current Group Ltd v Fitzpatrick & Ors [2024] FCA 1480: directors’ duties (led by Chris Caleo KC)
    • ASIC v Mercer Superannuation (Australia) Ltd [2024] FCA 850: misleading and deceptive conduct (led by Philip Crutchfield KC and Andrew Hanak KC)
    • BBHF Pty Ltd v Sleeping Duck Pty Ltd [2024] VSC 320: oppression (led by Jim Peters AM KC)
    • Aussie Broadband Ltd v Superloop Ltd [2024] FCA 312: directors' duties (led by Phil Solomon KC)
    • ASIC v Mercer Financial Advice (Australia) Pty Ltd [2023] FCA 1453: remuneration of financial advisers (led by Philip Crutchfield KC and Andrew Hanak KC)
    • Re Cleeve Group Pty Ltd [2022] VSC 342: judicial advice to trustee (led by Jim Peters AM KC)
    • DXN Ltd v Martincroft Pty Ltd (Supreme Court of Victoria): breach of contract (led by M Costello)
    • Braham v ACN 101 482 580 Pty Ltd [2020] VSCA 108; [2020] HCASL 199: misleading and deceptive conduct (led by Andrew Hanak KC)
    • Yammine v Lantrak Holdings Pty Ltd (NSD 712/2020) (Federal Court of Australia) misleading and deceptive conduct, breach of contract (led by John Karkar KC)
    • Financial Services Royal Commission: acting for major superannuation fund (led by Stewart Anderson KC and Andrew Hanak KC)
    • Traffic Technique Pty Ltd v Burgmann [2020] VSCA 319: procedural dispute; breach of confidence; breach of fiduciary duties; accessorial liability (led by A Dinelli)
    • Confidential neutral evaluation (2020) (led by the Hon Susan Crennan AC KC)
    • Expert evaluation (2019) (led by the Hon Susan Crennan AC KC)
    • Finance & Guarantee Company Pty Ltd v Auswild (2019) 59 VR 288; [2019] VSC 664: fiduciary duties and accessorial liability (led by Stewart Anderson KC and A Bailey)
    • Blue Constructions Pty Ltd v Karavias [2019] VCC 277: application for security for costs
    • Koutrigaros v Green Village Poultry Pty Ltd (Supreme Court of Victoria): oppression
    • Vicinity Funds RE Ltd v Li (Supreme Court of Victoria): construction of a lease; existence of equitable charge
    • Nick Baldi Constructions Pty Ltd v Wormington (Supreme Court of Victoria): professional negligence as to accounting and taxation advice (led by Sam Horgan KC)
    • Pacreef Investments Pty Ltd v Pacific Biotechnologies Ltd (Supreme Court of Victoria): enforcement of debt
    • 8Foods Pty Ltd v Roll'd Australia Pty Ltd (County Court of Victoria): misleading and deceptive conduct; estoppel; quantum meruit


    Tax law

    • Applications for freezing orders
    • Applications for summary judgment
    • VER Custodian Pty Ltd v Commissioner of State Revenue [2022] VSC 33: stamp duty and corporate reconstruction exemption (led by Philip Crutchfield KC)
    • Deputy Commissioner of Taxation v CPG Group Pty Ltd (Federal Court of Australia): winding up application in context of pending appeal as to tax debt
    • Confidential matters involving:
      • capital/revenue distinction;
      • R&D tax incentive;
      • taxation of trusts, including public trading trusts;
      • general anti-avoidance rule;
      • film tax offset;
      • land tax; and
      • stamp duty (including sub-sale provisions; transfers to a bare trust; and potential trust resettlements).

    Nicholas also has an advice practice, in which he provides written and oral advice on commercial, tax and private international law issues, alone or led. He has been led by various silks, including Allan Myers AC KC; Jim Peters AM KC; Jeff Gleeson KC; Philip Crutchfield KC; and Eugene Wheelahan KC.

    From 03 May 2018, liability limited by a scheme approved under Professional Standards legislation.

  • Warne Stephen

    Stephen obtained his LLB from Melbourne University with honours, and in 2010 was awarded a Master of Laws from there with an H1 average across the following subjects: The Insurance Contract, Professional Indemnity Insurance, Insurance Litigation, Advanced Litigation, Proof in Litigation, Trial Advocacy, Advanced Evidence and Shareholders' Rights and Remedies.

    Before coming to the Bar, Stephen spent more than a decade in Middletons' commercial litigation department acting for clients like Qantas, AAMI and Esso, and professional indemnity insurers such as the LPLC. He has conducted commercial and insurance litigation in every Victorian Court, the Federal and High Courts, and in VCAT and the Legal Profession Tribunal, and has published and presented widely on insurance law, professional liability, practical evidence, proportionate liability, and professional ethics.

    Stephen has an expertise in relation to general insurance law on which he has published widely. He was until 2010 the editor of the Commercial Bar Association's Insurance and Professional Negligence newsletter. He also has a general commercial litigation practice.

    Since coming to the Bar, Stephen has also continued to specialise in professional-client disputes, with a particular emphasis on the law relating to lawyers, including fee disputes and the professional negligence of solicitors, barristers, environmental consultants, accountants, insurance brokers, mortgage brokers, and estate agents, typically in VCAT's Civil List and Legal Practice Lists, the County Court's and Supreme Court's Commercial Lists, and the Costs Court. Stephen also specialises in professional discipline. He regularly represents lawyers in investigations by the Legal Services Commissioner and Law Institute. He appears in professional discipline prosecutions, particularly in VCAT's Legal Practice List, as a result of which he has a keen interest in lawyers' ethics. In relation to these specialisations, Stephen publishes the Australian Professional Liability Blog.

    From 01 Jul 2008, 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

  • Waters James

    James is a specialist in large, complex litigation and is regularly briefed in technical, engineering, and construction disputes, insurance matters and class actions.

    James advises and appears in bet-the-farm litigation and arbitration for commercial parties , achieving the very best results. He is approachable, diligent and deploys strategic nous to gain advantage for his clients over the real issues in dispute. He is regularly briefed in technical disputes for contractors, principals and consultants.

    Prior to the Bar, James was an Associate at Allens in the construction disputes and commercial litigation teams. His practice included advising construction and engineering clients on complex construction and technical disputes and the administration of major projects.

    Prior to his legal career, James worked as a mechatronics engineer in construction, industrial and consulting environments. As an engineer, James was involved in the construction of a major arterial transport link and consulted in relation to the design, installation and commissioning of a diverse range of bespoke robotics in various industrial settings.

    James read with Simon T Pitt and his senior mentor is Jeremy Twigg QC.

    LinkedIn & CV Link

    Recent matters include:

    • Cudlee Creek bushfire class action (ongoing) South Australian Supreme Court, acting for the plaintiff class involving substantial technical expert evidence, led by Gerard Dalton KC
    • Numerous flammable cladding matters: appearing unled for plaintiffs, consultants and builders in matters relating to Aluminium Composite Panel and EPS cladding, since acting for the fire engineer in the Lacrosse Apartments litigation (Tanah Merah Vic Pty Ltd (ACN 098 935 490) v Owners Corporation No 1 of PS613436T [2021] VSCA 72 - led by Tim Margetts KC)
    • Defending claims against HVAC designer ACT Supreme Court, unled (resolved)
    • Renewable energy:
      • Civil penalty proceedings by the Australian Energy Regulator in relation to the South Australian Black System Event 2018, for the AER, ongoing (led by Dr Ruth Higgins SC, Tom Clarke). Settlement approval of proceedings:
        • Australian Energy Regulator v AGL HP 1 Pty Ltd [2022] FCA 737 (Besanko J);
        • Australian Energy Regulator v Pacific Hydro Clements Gap Pty Ltd [2021] FCA 733 (White J);
        • Australian Energy Regulator v HWF 1 Pty Ltd [2021] FCA 732 (White J); and
        • Australian Energy Regulator v Snowtown Wind Farm Stage 2 Pty Ltd [2020] FCA 1845 (White J).
      • Renewable energy construction dispute for contractor in dispute with international wind turbine manufacturer in the Victorian Supreme Court (led by Tim Margetts KC); acting for crane contractor in disputes;
    • Arbitration:
      • large-scale infrastructure / public-private partnership social infrastructure dispute, $90m claim against professional adviser under ACICA rules. Resolved (led by Tim Margetts KC);
      • Acting for developer re $3m claims against civil contractor (unled);
      • successful resistance of challenge to arbitral jurisdiction (Lin Tiger Plastering Pty Ltd v Platinum Construction (Vic) Pty Ltd [2018] VSC 221) (unled);
      • Restraint of trade dispute for a large industrial parts business (and associated Supreme Court action) (led by Richard Attiwill KC);
      • Dispute involving the software and control systems on large agricultural machinery for a US-based manufacturer (unled);
    • Insurance proceedings:
      • $40m claim for business interruption and material damage under project special risks policy, Federal Court. Led by Gerard Dalton KC (resolved);
      • Successful defence of subrogated recovery concerning large fire Mahony v Logan [2019] VCC 1586. Led by Gerard Dalton KC;
      • Contamination of food and beverage products. Led by Gerard Dalton KC (resolved);
      • Successful defence of claim against solicitors Finch v Arnold Thomas and Becker Pty Ltd [2018] VCC 54 (led by Aileen Ryan KC, and then unled).
    • Building and construction matters: Security of Payment claims, various commercial / industrial and domestic building disputes in the County Court and VCAT relating to defects, quality, delays, costs; Klau v Elliot [2020] VCAT 1422; Slab heave matters (resolved); developer and builder disputes (resolved); F Bouhoussein Pty Ltd v Mackie Pty Ltd [2019] VCAT 1470; defects disputes (resolved); advising on various standard form contracts, including AS2124, AS4000-series, HIA, MBC4
    • Building Appeals Board and disciplinary proceedings (and associated administrative law reviews), including as Counsel Assisting and defending Building Practitioners' Board Inquiries and VBA Show Cause investigations into the conduct of Registered Building Practitioners; BAB proceedings involving building surveyors' conduct; protection works; approval of aluminium composite panels

    Other commercial law matters:

    • Dove Investments Pty Ltd v Mallee Track Health and Community Service [2016] VCC 1055 (led by Aileen Ryan QC)
    • Oppression proceedings;
    • Appearing in relation to a joint venture dispute regarding contributions made to a substantial residential property development;
    • Various sale of business / assets disputes, involving misrepresentations, Australian Consumer Law claims and common law claims; Kapila (Trustee), in the matter of Edelsten (Bankrupt) (No 2) [2016] FCA 1269 in relation to a dispute as to the application of US and Australian bankruptcy provisions
    • Acting for a substantial trading trust in a family / matrimonial dispute;
    • Applications for constructive and resulting trusts in family business disputes;
    • Various Pt IV of the Administration & Probate Act 1958 applications for testators family maintenance;
    • Applications for non-party costs orders;
    • Appearing for and defending claims under the Legal Profession Act 2004 and Legal Profession Uniform Law;

    James is member of:

    • the Aviation Law Association of Australia and New Zealand;
    • the Melbourne Marine Insurance Forum;
    • the Society of Construction Lawyers Australia; and
    • Melbourne TEC Chambers (MTECC).

    From 6th May 2016, liability limited by a scheme approved under Professional Standards legislation.

  • Watkins Huw

    Huw has substantial experience with international and domestic commercial disputes. His practice at the bar incorporates general corporate and commercial law, insolvency, building and construction and international/domestic arbitration matters. He appears in all jurisdictions in Australia and in domestic and international arbitrations.

    Commercial Disputes

    Huw acts in all areas of commercial law. He has recently been briefed in:

    • Shareholder, partnership and joint venture disputes.
    • Shareholder oppression and directors’ duties matters.
    • Australian Consumer Law and Franchising Code Claims.
    • Challenges to preliminary discovery in respect of foreign entities.

    Commercial Arbitration

    Huw is a fellow of ACICA and the Chartered Institute of Arbitrators. He is listed as an arbitrator across the Asia Pacific region. He teaches International Dispute Resolution at Keio University (LLM program).

    Huw is also a member of the Vicbar International Arbitration Committee and the International Committee of the Australian Bar Association. He is involved with efforts to improve the uptake and education in respect of arbitration throughout Victoria through Arbitration Victoria (a new low cost arbitration scheme).

    Huw has recently been involved in:

    • A major project-related arbitration involving the Ichthys project.
    • ACICA arbitration for the successful respondent in defending claims of frustration and force majeure related to an arbitration.frustration and force majeure related to an arbitration.
    • Acting as sole arbitrator in an expedited arbitration relating to a postacquisition dispute.

    Huw is recognised by Doyle’s Guide in 2022 and 2023 as a leading Junior Counsel in International Arbitration in Australia.

    Huw speaks fluent Japanese and often runs matters with issues relating to foreign language evidence.

  • Watts Lachlan M. F.

    Lachlan is a Fellow of the Tax Institute of Australia and a member of LAWASIA.

    'Liability limited by a scheme approved under Professional Standards Legislation.'

  • Williams Daryl

    Daryl Williams AM KC has an extensive practice in courts and tribunals throughout Australia, in relation to:

    • Commercial Disputes;
    • Corporate Governance, including shareholders’ and creditors’ remedies, and directors’ duties;
    • Corporate Insolvency and Reconstruction, including acting for and against liquidators, administrators and receivers;
    • Misleading or Deceptive Conduct and Unconscionable Conduct in financial and commercial transactions;
    • Professional Negligence;
    • Matters concerning the conduct of Legal Practitioners, including regulatory matters and disputed legal costs;
    • Land Tax, Stamp Duty, Payroll Tax and other State Revenue matters;
    • Wills, Estates and Trusts; and
    • Appeals.

    He has appeared in numerous leading cases in the High Court of Australia and especially the Victorian Court of Appeal, and has appeared at appellate level in every Australian State and in the ACT. He is frequently retained to advise on potential appeal grounds and prospects.

    His expertise in corporate insolvency has been recognised numerous times in Doyles’ Guide, most recently by being Recommended in the category Victorian Insolvency & Restructuring Senior Counsel in 2023.

    Daryl is also an accredited mediator under the National Mediator Accreditation System, and has an active mediation practice focusing on the resolution of substantial commercial disputes. As a mediator, he is sought out because he actively engages with the parties and their advisers to ensure that each faces up to the key issues and risks arising in their particular case, and the uncertainties of litigation generally; he sees no value in simply being a passive transmitter of offers.

    Daryl came to the Bar in 1991 after spending three years (including Articles) working in commercial litigation at Blake Dawson Waldron (now Ashurst Lawyers) in Melbourne. He took silk in 2010.

    Outside the Bar, Daryl is committed to supporting the work of a range of charitable and not-for-profit entities. He has been a Board Director of the Peter MacCallum Cancer Centre, and of its philanthropic fundraising entity Peter MacCallum Cancer Foundation Limited. He is presently a Board Director of Anglicare Victoria and Mental Health Foundation Australia.


    From 1st July 2008, liability limited by a scheme approved under Professional Standards legislation.

  • Winneke Chris


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