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• Gray Malcolm
  

  Retired June 2024. Passed away July 17th 2024.

• Griffith Gavan
  

  Gavan Griffith QC is counsel at the Australian and English (call at Lincoln’s Inn 1969) bars. He has over 30 years seniority holding 8 Commissions as Queen’s Counsel. He has had extensive practice as a commercial, constitutional and public international counsel, and since his return to private practice in 1998, has practiced principally from his London chambers, usually presiding as a member of international commercial and investment treaty dispute tribunals as Arbitrator.

  After 20 years in private practice, he held office for 14 years from 1984 as the Solicitor-General of Australia. As Australia’s Second Law Officer, and pleaded some 250 constitutional and other cases before the entire bench of the High Court of Australia, as ex officio the leader of the Australian bars. He also has appeared in other superior appeal courts, including Malaysia, Fiji, Solomon Islands, and in the Judicial Committee of the Privy Council.

  He was Agent and Counsel of Australia at the International Court of Justice in the several cases of Nauru v Australia, Portugal v Australia and the Nuclear Test Cases and also in two references by the WHA as to the legality of Nuclear Weapons.

  He also represented Australia at the General Assembly, including the 6th Committee, Australian delegate and sometime Vice-Chairman of UNCITRAL and to The Hague Conference 1984 to 1997 and recurrent terms as member and sometime Chairman of the ITELSAT Panel of Legal Experts, the Permanent Court of Arbitration, and other international bodies.

  In 1994 to 1995 he was seconded as Special Counsel to the United Nations, New York, to write a report, since implemented, for the reform of the legislative structure of the UN.
  

• Hannan Paul Anthony
  

  Paul has practiced exclusively in family law since signing the Bar Roll in 1998 and in his previous occupation as a Solicitor from 1993-1998 .

  Paul's practice at the Bar includes appearing in Trials in all areas of family law litigation including complex parenting & financial proceedings, child support cases, international relocation applications and Appeals.

  Paul is a Nationally Accredited Mediator and accepts appointments as mediator in all family law mediations including AIFLAM mediations .

  Paul assisted the Victorian Bar Readers Course for a number of years in the evaluation of family law moots/advocacy. and he is a member of the Victorian Bar's Ethics Committee and Student Engagement Committee.

  Paul is a member of the Family Law Bar Association, Law Council of Australia - Family Law Section, and AIFLAM.

  Victorian Bar Committee Memberships:

  • Ethics Committee.
  • Student Engagement Committee.

  Notable Cases:

  A selection of Judgments in cases where Paul appeared include:

  Tanev & Baumann [2023] FedCFamC1A 182 - – APPEAL – Appeal from final parenting, international relocation and financial orders - Paul was led by Minal Vohra S.C.

  Baumann & Tanev (No 3) [2023] FedCFamC1F 593 - Application for stay of order pending Appeal.

  Infield & Oberlin [2022] FedCFamC2F 1584 - Application to reopen proceedings - application opposed on Rice and Asplund principles - where mother's health has materially improved -application meets threshold.

  Cottrell & Cottrell [2022] FedFamC2F 704 - Sole use & occupation -deceased party - whether estate entitled to occupy property.

  Napier & Malpass [2020] FCCA 745 - International Relocation - mother's application to relocate to Italy with child.

  Roden & Montiel [2019] FCCA 1641 - Child conceived via artificial insemination – whether or not the applicant sperm donor has standing to bring an application for parenting orders.

  Easton & Easton [2017] FCCA 2126 - Application to set aside Final Property Orders - whether parties were thereafter engaged in a defacto relationship.

  Newson & Gaffy [2016] FCCA 3397 - Whether proceeds of litigation held in fund of Supreme Court of Victoria property for the purposes of S.79 of the Family Law Act.

  Scrivener & Neill [2016] FCCA 1758 - Initial Contributions- Business Income.

  Griffith & Griffith [2015] FCCA - Competing applications to retain the family home -legal costs -add backs - S75(2) considerations.

  Montano & Kinross [2014] FamCAFC 231 - APPEAL – Application to extend time to apply for property settlement.

  Panda & Popa & Anor [2013] FCCA 2177 - Parenting orders – mother proposes relocation with children – property orders – whether loan by third party – whether debt owed by parties to third party and whether order should be made to repay debt – spousal maintenance.

  Delaney & Delaney [2008] FMCAfam 674 - child expresses strong views to live with father - alienation of child - Court Expert urges court to extrictae child from "emotionally toxic enviroment" in father's care - court concludes shared care is the only viable alternative.

  
  

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

• Harper Robert
  

  Former solicitor at John W Ball & Sons.

  Robert practises primarily in medical negligence. He acts for both plaintiffs and defendants. He appears in coronial inquests, medical negligence trials and other common law trials including cases involving catastrophically injured plaintiffs. He also appears in disciplinary hearings relating to health practitioners, occupiers' liability claims and has an extensive paperwork practice.

• Harris Greg
  

  Acknowledged by Doyle's as one of Australia's leading senior counsel in arbitration, construction and infrastructure and by The Legal 500 Asia Pacific as a Tier 1 Leading Commercial Silk in Australia : “ A razor-sharp legal mind, gets to the core of the issues immediately and identifies important legal points that can sometimes sit in the background. Committed to the client. “

  General Experience:

  Fellow of the Chartered Institute of Arbitrators (London) (CIArb, FCIArb).

  Articles at Freehill Hollingdale & Page: 1989.

  Practiced thereafter at Freehills until coming to the Bar in 1994.

  Principal areas of practice: commercial; insolvency; banking; company; equity; administrative; revenue; major building and construction; Oil and Gas; major torts.

  Co-author of "Doing Business in Australia": Mathew Bender and "Halsbury's Laws of Australia" Title on Mortgages: Butterworths and author of various articles.

  Lecturer equitable remedies Master of Laws Melbourne University.

  Tutor in Trust Law Monash University.

  Chair of the Bar's Victorian Commercial Arbitration Scheme (VCAS) Committee, Chair of the Bar’s (International and Domestic) Arbitration Committee and member of the Bar's Alternative Dispute Resolution Committee.

  Group Proceedings:

  • Domino’s Group Proceeding (wage underpayment claim) for Domino’s as defendant
  • Manus Island refugee group proceeding for G4S as defendant
  • killmore - mickleham bushfire class action for Homewood Consulting as defendant
  • Australian Olives group proceeding (managed investment scheme) for the defendant
  • Concept Sports group proceeding (misleading prospectus and market non-disclosure) for the defendant
  • Deakin Finacial Services group proceeding (westpoint financial product litigation) for the defendant
  • Melbourne Market Authority group proceeding (tenants of Melbourne markets) for the defendant
  • Centro group proceeding (market non-disclosure) for a defendant
  • T-Systems Australia group proceding (product liability) for the defendant
  • MUA v Patricks group proceeding for a director defendant
  • Longford Gas explosion group proceeding for Esso as defendant

  Arbitrations

  For Saipem in relation to $2Bil design and construction dispute of Oil and Gas facility.

  For China Petrochemical Corporation (Sinopec) in relation $180m dispute in respect of a floating storage and off loading facility.

  For APC Marine in relation to $40m arbitration in respect of a salvage claim.

  For Woodside Petroleum in relation to a dispute over a drilling rig.

  For Generation Victoria (formally Gas & Fuel Corporation of Victoria) against ESSO and BHPP in relation to the pass on of Petroleum Resource Rent Tax.

  For SECV against Esso and BHPP in relation to the pass of Petroleum Resource Rent Tax

  For Esposito Holdings in a $70m sale of business dispute with a Chinese purchaser.

  For Origin Energy in a $26m in a delay and disruption claim relating to oil and gas drilling program.

  For Praemium Limited in relation to a $7m software development claim against a Chinese bank

  Other Major Litigation:

  For Lanco Infratech Ltd and Griffin Coal against Perdaman Chemicals and Fertilisers in relation to $3.5 bil claim arising out of a coal supply agreement.

  For Apache Fertilisers against Oswal in relation to a $500m claim arising out of a share sale agreement.

  For Apache Energy Ltd and Apache Northwest Pty Ltd against Alcoa in relation to $180m claim arising out of a failure to supply gas.

  For Apache Energy Ltd in relation to litigation and investigations arising out of an explosion at its Varanus Island facility in 2008 that disrupted 35% of Western Australia’s supply of gas.

  For TDK Sports Taekwondo in relation to a dispute as to its membership of the Australian Olympic Committee, International Olympic Committee and the World Taekwondo Federation.

  For BHP Billition (Bass Strait) Pty Ltd against the Commissioner of Taxation in relation to the assessment of Petroleum Resource Rent Tax.

  For Lloyds of London in relation to various insurance disputes.

  For the Legal Professional Practice Board in relation to professional negligence claims made against solicitors.

  For insurers of Australian Financial Services License holders against various claims made by their clients.

  For TAB Corp in relation to a dispute with the Victorian Racing Authority and Greyhound Racing Victoria over licensing fees.

  For Lake Oil Ltd in relation to a dispute with the Victorian Government over a retention lease.

  For JM Kelly (Project Builders) Ltd in a $50m construction dispute with the Toga Hotel group.

  For Gas & Fuel Corporation of Victoria against a subsidiary of Hudson Conway Ltd. in relation to the termination of the contract to build a new head office building for the Gas & Fuel Corporation, damages claim $150M.

  For Pacific Dunlop Limited against Maxitherm Boilers Pty Ltd in relation to the explosion of autoclave which destroyed a Pacific Dunlop factory in Bayswater.

  For Nichicon (Singapore) Pty Ltd against Pacific Dunlop Limited in relation to the supply of components for 50,000 emergency lighting units supplied between 1984 and 1988.

  For Gascor against Mr. Ellicott in relation to a dispute relating to the removal of Mr. Ellicott as an arbitrator in an arbitration between Gascor, Esso and BHPP.

  For the Tobacco Institute of Australia against Mrs. Cremona in litigation related to a claim that tobacco caused her emphysema.

  For Kvaerner Ltd. against John Holland Construction in a $13M dispute in relation to the design of a floating storage and off-loading facility known as the Cossack Pioneer operating off the coast of Western Australia.

  For Telstra against QAI and Southern Cross Telco, in a $50M dispute related to the provision of wholesale telecommunication services to resellers in Australia.

  For Lurgi against Austa Queensland in relation to a $5M dispute related to the construction of a Queensland power station.

  For the Commissioner of Taxation in relation to a dispute with a taxpayer as to the collapse and repatriation of $2.3Bil of offshore income to Australia.

  For the Commissioner of Taxation against ANZ Banking Group Ltd. in relation to a $90M assessment of a scheme involving the sale of annuities to obtain a tax benefit. The dispute ultimately resolved by the High Court.

  For Coles Myer Ltd. in relation to a dispute with Bryan Quinn involving the breach of his duties as a director to the company and the misuse of company assets.

  For Southern Energy (Shajiao C) Ltd. in a US$610M dispute with Alstrom Power Plant Ltd., Slipform Engineering Ltd. and CE International China Inc. in Hong Kong that related to the construction of a power station in Guandgong province in the Peoples Republic of China.

  For the consortium that acquired the Loy Lang A power station in Victoria against the Commissioner of Taxation in a dispute involving the taxation of the $750M sale and leaseback structure used to acquire part of the power station.

  For Christopher Corrigan and Robert Dunn, both directors of Patrick Stevedore, in a dispute with the Maritime Workers Union that related to the restructuring of the stevedoring businesses controlled by Patricks.

  For Patricks Stevedore in a dispute with the International Transport Workers Federation in England in relation to the international black banning of ships that used Patrick Stevedoring’s services in Australia.

  For Department of Premier and Cabinet and the Department of Justice that related to various freedom of information applications to obtain documents in matters, including:

  • the reorganisation of the Office of the Director of Public Prosecutions in Victoria;
  • the Privatisation of the provision of ambulance services in Victoria by Intergraph;
  • the privatisation of the prison system in Victoria;
  • the privatisation of the provision of community services in Victoria;
  • the incentive payments made to the permanent secretaries to the departments of the Victorian government;
  • the introduction of automated ticketing systems for public transport in Victoria.

  For Esso in relation to events following an explosion and fire at the Longford Plants in Victoria in September 1998, which supplied 97% of Victoria's needs for natural gas, including acting at:

  • the Coroner's inquest into the death of workers caused by the fire;
  • the Royal Commission in the Incident;
  • the class action against Esso Australia Ltd: Claim $3 Bil.
  • For Southern Energy Hong Kong against Clifford Chance in the High Court, London in relation to a US$90M for professional negligence.
  • For TBI Pty Ltd the supplier of plant to co-generation facilities at Victoria Public Hospitals in relation to a dispute
  • with Fletcher Construction the D&C contractor in respect of a $140mil claim;
  • with its insurers in respect of that claim
  • with its broker in respect of that claim.

  For Mirant Asia-Pacific in a dispute with Ove Arup & Partners (Hong Kong) Ltd in Hong Kong and in the High Court in London for a US$62 claim in relation to the Sual Power Station in the Republic of the Philippines.

  For Transfield Pty Ltd and Obayashi Corporation for a $200 mil dispute as against the designer's of the tunnels involved in the City Link Project.

  For the Victorian Department of Infrastructure in a dispute with Multiplex for a $7 mil claim that related to the Victorian Net Ball Centre.

  For Coles Myer Ltd in a dispute with a former director, Miller, in relation to $11 mil wrongful dismissal claim.

  From 01 Jul 2008, liability limited by a scheme approved under Professional Standards legislation.

• Hartley Mary Anne
  

  Common law advocate, jury trial expertise, in all fields of personal injury claims - medical negligence, industrial and road accidents, school related injuries, police assaults, public liability, aviation and maritime accidents.

  Other skills: inquests, professional disciplinary tribunals, medical college membership appeals

  Also experienced company director and past Essential Services Commissioner (Victoria's Economic Regulator) and Trustee of Law Aid Trust. Past boards include Melbourne Water, Port of Melbourne, Victorian Responsible Gambling Foundation, Breastscreen Victoria, Gascor.

  Currently director of RSPCA (Victoria)

• Heeley Jack
  

  
  Jack Heeley practises in commercial law and has extensive experience in construction and infrastructure disputes, class actions and arbitrations.

  During his 14 years at the Bar, Jack has acted in:

  • dozens of building cases before the Supreme Court and the County Court, including cases for some of Australia’s leading construction companies;
  • numerous class actions and other large scale proceedings concerning flooding, water supply, contamination, public infrastructure, roads and transport; and
  • a wide variety of arbitrations (both international and domestic).

  A selection of his recent and significant cases appears under the headings below.

  Jack completed his Law degree (First Class Honours) at Monash University and holds a Bachelor of Planning and Design (Dean’s Honours) with a Property and Construction major from the University of Melbourne.

  He completed his Articles at Mallesons Stephen Jaques (now King & Wood Mallesons) and thereafter practised as a solicitor in the firm’s dispute resolution group, acting on a broad range of commercial matters with a focus on construction litigation and arbitration.

  Immediately prior to coming to the Bar, Jack was an Associate at the Supreme Court of Victoria, first to the Hon. Justice Byrne, Principal Judge of the Commercial & Equity Division, and then to the Hon. Justice Bongiorno of the Court of Appeal.

  A selection of recent and significant cases:

  Building cases

  Johns Lyng v OC PS702511L & MBB Consulting – acting for a plaintiff builder in a dispute concerning the replacement of combustible cladding, latent conditions, unpaid progress claims, contract rectification, superintendent obligations, misleading or deceptive conduct, extensions of time, alleged liquidated damages, penalties and unconscionable conduct.

  Kane Constructions v Meridian Concrete Australia; Kane Constructions ats Structural Systems – acting for a plaintiff head contractor in a subcontract dispute involving liquidated damages, alleged variations, defective and incomplete works, bank guarantees, estoppel and restitutionary claims.

  BildGroup v McMahons – acting for a plaintiff contractor in a dispute involving delay cost claims, latent conditions and liquidated damages.

  Buildcorp v Yarra Valley Water – acting for a builder in a dispute concerning basement works and sewer infrastructure.

  Pace Development Group ats Professional Cabinets – acting for a head contractor in a large scale subcontract dispute concerning payment claims, variations, liquidated damages, defective works and estoppel.

  Johns Lyng v Strategic Demolitions & Ors – acting for a plaintiff builder in a dispute involving protection works and proportionate liability legislation.

  Ireland Brown Constructions ats Manufacturing Metal Solutions – acting for a head contractor in a subcontract dispute regarding alleged variations and defective works.

  Class actions, arbitrations and other commercial cases

  Rowe v Ausnet Electricity Services & Ors – acting for the State Parties in the Murrindindi / Marysville bushfire class action (with Jenny Firkin KC and others).

  Matthews v SPI Electricity & Ors – acting for the State Parties in the Kilmore / Kinglake bushfire class action (with Jenny Firkin KC and others).

  Chessells & Ors v Goulburn-Murray Water – large scale litigation arising out of the 2022 Shepparton floods.

  Keystone v Mitchell Shire Council – acting for a plaintiff in proceedings concerning numerous landfill sites, waste management policies, EPA requirements and landfill capping.

  O’Connor & Ors v Goulburn-Murray Water – acting for the owners of numerous fruit orchards in large scale litigation against a rural water corporation.

  International arbitration concerning the construction and management of motorway tunnels.

  Domestic arbitration concerning the management of a large timber plantation.

  Domestic arbitration in relation to ship building contracts, termination rights and estoppel.

  Australian Unity Limited ats 500 Burwood Highway – acting for Australian Unity in a dispute concerning the sale of an aged care facility.

  Numerous proceedings involving claims under the Water Act 1989, including claims under sections 15, 16, 155 and 157 of the Act.

  
  

  From 20 May 2011, liability limited by a scheme approved under Professional Standards legislation.

• Henwood Wayne
  

  Wayne has a broad practice and appears in all jurisdictions. He is currently a member of the Australian Football League/AFLW Tribunals, AFL Anti-Doping Tribunal and AFL Appeals Tribunal.

  Family Law Mediations

  Part IV Mediations

  AIFLAM Accredited Arbitrator

• Hines Michael
  

  Michael Hines is an experienced advocate, having appeared mainly in the superior courts. Recently, he appeared as Counsel before the High Court in Hsiao v Fazarri (2020) FLC 93-990; [2020] HCA 35; and before that, in the well known case, Kennon v Spry (2008) 238 CLR 366.

  A large part of his practice consists of advising and drawing documents.

  He is a past director of the Trustee of the Victorian Bar Superannuation Fund.

  He is the author of numerous publications, for example, a loose-leaf service, 'Stamp Duties Victoria' (LBC), is a presenter at many seminars, and has taught Post Graduate Tax subjects at the University of Melbourne.

  Some of his articles and papers are as follows:

  • Taxation of Payments of Damages and Compensation
  • Tax Implications of Litigation
  • Impact of Capital Gains Tax on Damages
  • Drawing the Veil Over Taxation Advice Given by Accountants
  • Resisting Disclosure in Tax Matters
  • Stamp Duty Update
  • State Taxes: The New Landholder Regim
  • Testamentary Disputes
  • Testamentary Trusts
  • Appeals in Family Law Property Cases
  • Family Law and Discretionary Trusts
  • PART IV CASES under current legislation
  • TAX IMPLICATIONS OF SETTLEMENTS

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

• Hodgson Naomi
  

  Naomi Hodgson has a broad civil litigation practice with a particular focus on professional duties and obligations under relevant regulatory and legislative frameworks.

  Naomi regularly acts for health practitioners and hospitals across several jurisdictions. She also acts in matters regarding companies’ and directors’ compliance with their obligations in both State and Commonwealth jurisdictions.

  She has appeared in coronial inquests on behalf of interested parties including doctors, hospitals, Ambulance Victoria, the Chief Commissioner of Police and the State of Victoria. She is also regularly briefed to appear as counsel assisting the Coroner.

  Naomi has appeared in a number of administrative law appeals including on behalf of the Coroners Court of Victoria in appeals to the Supreme Court. She also appears in administrative law merits review in VCAT and the AAT.

  Naomi has regularly appeared on behalf of the Attorney General of Victoria and the Secretary of the Department of Justice in the County Court, Supreme Court and Court of Appeal in public law matters.

  Previous Experience

  Naomi was previously a Senior Associate in the Commercial Disputes Group at Minter Ellison where she completed her articles. During her time at Minter Ellison her main areas of practice were general commercial litigation, financial services, directors' duties, market misconduct and regulatory compliance. In 2007, Naomi spent 6 months on secondment to ASIC where she worked in the Compliance and Enforcement groups.

  Prior to coming to the Bar, Naomi spent one year at the Victorian Government Solicitor’s Office as a Senior Solicitor in the Litigation Branch. During her time at the VGSO, she worked on a wide variety of administrative and public law matters.

  Naomi is a Member of the Melbourne IVF Human Research Ethics Committee and is a Council Member of the Australian Centre for Accelerating Diabetes Innovations (ACADI).

  "From 20th May 2011, liability limited by a scheme approved under Professional Standards Legislation."

• Hooper Justin
  

  Justin has a common law and commercial practice.

  Justin practises in all areas of common law (negligence and intentional torts), including professional negligence, personal injury (incl. psychiatric injury), class actions and public liability.

  Justin is currently acting in concussion matters involving AFL players. He is counsel for Richmond Club doctor Dr Greg Hickey in Ty Zantuck v Richmond Football Club & Ors. He is also counsel for Western Bulldogs Club doctor Dr Gary Zimmerman in Liam Picken v Australian Football League & Ors.

  Justin also has particular expertise in defamation. Justin has represented high profile clients such as Rebel Wilson, National Australia Bank, the State of Victoria and Dr Anne Webster MP. He has also represented media outlets such as The Australian, The Age, Schwartz Media and the ABC.

  Justin is regularly briefed to appear on behalf of Racing Victoria Limited in disciplinary and licensing matters, several of those matters having progressed through to the Supreme Court of Victoria or the Victorian Court of Appeal. He has also been briefed by the AFL in numerous anti-doping matters, including the action against the Essendon Football Club players and Stephen Dank.

  Justin is a director of the Victorian Bar Foundation, which is the Victorian Bar’s not for profit organisation. The Victorian Bar Foundation works to promote a number of causes in the community, including supporting the provision of legal education, providing information about the legal system, the role of barristers in the legal system and the role of law in society.

  Justin’s mentor was Claire Harris SC and his senior mentor was Jeff Gleeson KC.

  Sample of common law/negligence cases:

  • Liam Picken v Australian Football League & Ors [negligence], counsel for Western Bulldogs Club doctor Dr Gary Zimmerman (Supreme Court of Victoria)
  • Ty Zantuck v Richmond Football Club & Ors [negligence], counsel for Richmond Club doctor Dr Greg Hickey (Supreme Court of Victoria)
  • Jack Rivers v Le Mans Grand Prix Circuits Pty Ltd & Anor [negligence], counsel for Le Mans Grand Prix Circuits with Jack Rush KC (Supreme Court of Victoria)
  • Pearce v The Corporation of The Society of the Missionaries of the Sacred Heart (historical institutional negligence - setting aside of deed of settlement) – counsel for The Corporation of The Society of the Missionaries of the Sacred Heart with Jeremy Ruskin KC (Supreme Court of Victoria)
  • Lonergan v Sisters of St Joseph [historical institutional negligence], counsel for the Sisters of St Joseph (Supreme Court of Victoria, unled; Victorian Court of Appeal with Jack Rush KC)

  Sample of commercial cases:

  • Bell Partners Accountants Advisors Auditors Pty Ltd as trustee of Bell Partners Unit Trust v Kelvin Boyd & Kelvin Boyd Advisory Pty Ltd & Anor [breach of contractual restraints, misleading or deceptive conduct], counsel for Kelvin Boyd and related parties with Rob Craig KC and Matthew Harvey KC (Federal Court of Australia)
  • Pentridge Village Pty Ltd (In Liquidation) & West Homes Australia Pty Ltd v Capital Finance Australia Ltd [deceit, misleading or deceptive conduct, unconscionable conduct, equitable estoppel], counsel for Pentridge Village & West Homes Australia with Jim Peters KC and Alexander Di Stefano (Supreme Court of Victoria)
  • Roo-Roofing Pty Ltd v Commonwealth of Australia [class action, including in negligence and misleading or deceptive conduct], counsel for the Commonwealth of Australia with Rachel Doyle SC, Renee Enbom and Liam Brown (Supreme Court of Victoria)
  • PCCEF Pty Ltd v Geelong Football Club [lease construction appeal], counsel for PCCEF Pty Ltd (Supreme Court of Victoria with Philip Corbett KC; Victorian Court of Appeal with Neil Young KC)
  • Funtastic Limited v Madman Film and Media Pty Ltd [contractual dispute concerning expert accountant's determination], counsel for Madman Film and Media with Matt Collins KC (Supreme Court of Victoria)
  • Sondoananh Trading Company Pty Ltd v Couriers Please Pty Ltd [franchisee claim against franchisor for unlawful termination of franchise agreement], counsel for Couriers Please Pty Ltd (County Court of Victoria)

  Sample of defamation cases:

  • Rebel Wilson v Bauer Media [defamation], counsel for Rebel Wilson with Matt Collins KC and Renee Enbom KC (Supreme Court of Victoria)
  • Overseas Education and Career Consultants Pty Ltd v Australian Broadcasting Corporation [defamation], counsel for the ABC with Renee Enbom KC (Federal Court of Australia)
  • Sene-Li Wong v National Australia Bank, [defamation], counsel for National Australia Bank (Federal Court of Australia)
  • Christian Porter MP v Australian Broadcasting Corporation and Louise Milligan [defamation], counsel for the ABC and Louise Milligan with Renee Enbom KC (Federal Court of Australia)
  • Anne Webster MP v Karen Brewer [defamation], counsel for Anne Webster MP (Federal Court of Australia)
  • Andrew Laming MP v Louise Milligan [defamation], counsel for Louise Milligan with Renee Enbom KC (Federal Court of Australia)
  • Damien Sheales v The Age [defamation], counsel for The Age with Matt Collins KC (Supreme Court of Victoria)

  
  

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

• Hooper Matthew
  

  Matthew Hooper SC practices in common law, principally in personal injury cases of all kinds, professional negligence claims, and insurance indemnity disputes. He has a special interest in appeals and complex cases, such as those involving interpretation of workers compensation legislation and the Wrongs Act, the construction of insurance contracts, and choice of law questions (including in cross-border cases).

  Matthew predominantly appears in the Supreme Court, including the Court of Appeal, as well as the County Court. He has appeared several times in the High Court of Australia. His recent cases include:

  • Scaroulis v Victorian YMCA [2024] VCC 406
  • Lapetina v Elgee Park Pty Ltd [2024] VSCA 39
  • Wilks v Psychology Board of Australia [2024] VSC 2
  • Vicinity Centres PM Pty Ltd v Arik [2023] VSCA 295 (special leave refused)
  • Goodrich v Kilmore Racing Club Inc [2023] VSCA 37
  • Munday v St Vincent's Hospital [2021] VSCA 170 (special leave refused)
  • Amaca Pty Ltd v Werfel [2020] SASCFC 125 (special leave refused)

  
  

  
  

  From 03 May 2012, liability limited by a scheme approved under Professional Standards legislation.

• Horan Tony
  

  Tony is a specialist mediator (Victorian Bar Advanced Mediator and AMDRAS accredited) and an experienced facilitator of expert witness conclaves. He has over 30 years’ experience in commercial litigation and has practised as a mediator for the past 17 years.

  He has particular expertise in disputes involving commercial contracts and torts, insurance, construction, professional and government liability, environmental law, and proportionate liability.

  Tony’s work has been cited by the High Court of Australia (Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2024] HCA 24; P-Value Pty Ltd v Wellara Holdings Pty Ltd & Ors [2017] HCATrans 78) and in leading legal texts, including Cheshire & Fifoot, Law of Contract (12th Aust ed.) and Thomson, Warnick and Martin, Commercial Contract Clauses (4th ed.).

  He is consistently recognised in Doyle’s Guide as:

  • Leading Construction & Infrastructure Junior Barrister – Australia (2018–2025)
  • Leading Construction & Infrastructure Junior Barrister – Victoria (2018–2025).

  Tony has advised government and industry on law reform, with a focus on proportionate liability, insurance, building regulation and professional liability. His report, Proportionate Liability: Towards National Consistency, was prepared for the Standing Committee of Attorneys-General as part of its review of the national legislative framework.

  He is a Sessional Member of the Victorian Civil and Administrative Tribunal (Building and Property List; Legal Practice List), where he regularly conducts compulsory conferences, hearings, and expert conclaves. He is also a Senior Fellow at Melbourne Law School, lecturing in construction and insurance law.

  Before coming to the Bar, Tony was a partner at DLA Piper (then Phillips Fox) for 10 years.

  
  

  Liability limited by a scheme approved under Professional Standards legislation.

• Howard Katrina
  

  Chambers & Partners 2019 Asia-Pacific Intellectual Property rankings for The Bar in Australia
  Katrina is identified in this publication as one of Australia's leading practitioners in the field of Intellectual Property

  Who's Who Legal: Patents 2018
  Katrina is identified in this publication as one of the world's leading practitioners in the field of Patents.

  Who's Who Legal: Life Sciences 2018 - Patent Litigation: Legal Marketplace Analysis
  Katrina is identified in this publication as one of the world's leading practitioners in the field of IP:

  'Katrina Howard SC is "highly recommended" thanks to her expertise in the full spectrum of contentious IP matters.'

  Doyles Guide - Leading Intellectual Property Senior Counsel - New South Wales 2018
  Recommended Senior Counsel

  

  Chambers and Partners Intellectual Property: The Bar, Australia

• Howe Lachlan
  

  Lachlan accepts briefs to advise and appear predominantly in common law matters, with a 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, Lachlan was Associate to Judge K L Bourke at the County Court of Victoria. As an Associate, he gained significant experience assisting Her Honour in the hearing and management of civil trials (both jury and judge alone), serious injury applications and a range of interlocutory matters. Lachlan also assisted Her Honour in the operation of the Infant Compromises List.

  Lachlan is reading with Dugald McWilliams and his Senior Mentor is Ross Middleton QC.

  From 8 May 2020, liability limited by a scheme approved under Professional Standards legislation.

• Ihle Ben
  

  Ben has a broad practice advising and representing clients across diverse practice areas at both trial and appellate level. His main areas of practice cover tort, criminal, administrative and sports law.

  Experience

  Ben has particular expertise in managing large and complex litigation and significant inquests and inquiries.

  Tort and Professional Negligence

  • Ben's experience covers intentional torts, medical negligence and novel tort claims including those for pure economic loss and cases involving interplay between the common law and the Charter of Human Rights and Responsibilities Act 2006.
  • Many of his cases have involved complex issues surrounding duty of care and the application of the Limitation of Actions Act 1958.
  • He has particular interest in medico-legal matters.

  Criminal Law

  • He has appeared or both prosecution and defence in matters spanning homicides, drug trafficking and importation, terrorism, white collar and regulatory crime, complex fraud and in criminal test cases, at both trial and appeal levels.
  • He also acts in regulatory prosecutions, including extraditions, white-collar crime, alleged breaches of regulatory codes and in criminal proceedings related to the collapse of publicly-listed companies.

  Administrative and Regulatory Law

  • Ben’s experience covers judicial and merits review proceedings in superior courts, the Victorian Civil and Administrative Tribunal (VCAT) and before Boards of Inquiry.
  • He has experience in representing parties in investigations by the Independent Broadbased Anti-Coruption Commission (IBAC), Australian Crime Commission (ACC), Crime Misconduct Commission (Qld) (CMC) and Ombudsmen (including the CFOS).
  • Professional Disciplinary Matters: He regularly appears for health professionals in prosecutions and disciplinary proceedings commenced by the Legal Services Commissioner and the Australian Health Professions Regulation Authority (AHPRA).

  Sports Law

  • Ben is recognised internationally as a leading sports lawyer. Since 2015 he has received consistent recognition in the international and Australian editions of ‘Who’s Who Legal’; specifically he is "recommended" in the fields of Sports and Entertainment Law.
  • He regularly represents athletes and sporting associations domestically and internationally, in a variety of tribunals (including the FIFA Dispute Resolution Chamber, the AFL Tribunal and Appeals Board and before the Court of Arbitration for Sport).
  • He has expertise in advising clubs and sporting organisations in their legal and integrity structures, processes and other related issue.
  • He has appeared for athletes, for National Sporting bodies and for the Australian Sports Anti-Doping Authority (now Sport Integrity Australia).
  • He currently holds appointments with:
  • Cricket Australia - Counsel Assisting its Code of Conduct Commission;
  • National Basketball League - Tribunal Member;
  • Australian Olympic Committee - Olympic Selection Appeals Tribunal (Rio 2016 and Tokyo 2020 Games);
  • Australian Rules Football Players Association - Arbitration Panel;
  • Football Australia National Dispute Resolution Chamber.
  • Ben is a member of both the Australian and New Zealand Sports Law Association (ANZSLA) and the Sports Lawyers' Association (of America) (SLA).

  Inquests and Inquiries

  • Ben is experienced in high-profile and complex inquests and inquiries.
  • He was counsel assisting the 2020 Victorian COVID-19 Hotel Quarantine Inquiry.
  • Other examples include the inquests into the 2017 Bourke Street massacre, the deaths of Tyler Cassidy, Luke Batty, Terrence and Christine Hodson as well as the applications to set-aside the findings in relation to the deaths of Jennifer Ruth Tanner and Adele Bailey in respect of which he was counsel assisting the State Coroner.
  • He also appears in medico-legal inquests as well as those arising from deaths in suspicious circumstances, from police shootings, high-speed pursuits, and deaths in custody and care (including those related to medical care).

  Ben often acts on behalf of model litigants and is familiar with Model Litigant Principles, including the obligations of such and how they apply in practice.

  Past Experience (including Publications)

  Ben studied law following from his being awarded the John F. Kearney QC scholarship. Prior to that, Ben undertook studies in Science. He has lectured in areas of both Law and Science at undergraduate and postgraduate levels. His main areas of interest lie where Law and Science intersect.

  Ben has been published internationally: see "Anatomy of a Courtroom: A Legal Perspective" in Petherick, Turvey and Feruguson (Ed) (2009) Forensic Criminology (Elsevier Academic Press, Burlington, MA).

  Prior to coming to the Bar, Ben was a solicitor at the Victorian Office of Public Prosecutions.

  For its duration, Ben was the professional supervisor of the University of Melbourne's Innocence Project where he worked closely with students in reviewing cases of alleged Miscarriages of Justice.

  Memberships and Positions

  Ben is a member of the Criminal, the Commercial and the Common Law Bar Associations of Victoria.

  He is also a member of the Australian and New Zealand Sports Law Association (ANZSLA) and the Sports Lawyers' Association (of America) (SLA).

  Ben is a member of the Victorian Bar Readers Course Comittee, Chair of the Exam Standing Review Committee, Dever's List Committee and Deputy Chair of the Sports Law Section. He is a former member of the VicBar Pro Bono Committee.

  Ben is an Accredited by the Victorian Bar as Advocacy Instructor. He regularly coaches moots and presents in the Readers' Course.

  
  

  
  

  From 22 Apr 2010, liability limited by a scheme approved under Professional Standards legislation.

• James Esther
  

  Esther has been in practice since 2003, with broad expertise in State and Federal administrative law, health law, inquests, general VCAT / civil claims, and lower court proceedings, including crime, intervention orders and Victims of Crime, Working with Children reviews and sporting inquiries.

  Previously, Esther completed a commercial articles at Deacons (now Norton Rose) in 2002, was Judge's Associate at the County Court of Victoria (2003-2004), solicior with DHS Victoria (2004-2006); and was a Registered Nurse (1991-2011). She is sought after for her expertise in health matters.

  Briefs are welcome in all jurisdictions.

  From 01 Jul 2015, liability limited by a scheme approved under Professional Standards legislation.

• James Neale
  

  Neale was an Associate to Judge Hogg (1981 - 1983). He practices predominantly in Family Law and De Facto Property Law.

  Neale is an Accredited Mediator.

• Jegatheesan Ganesh
  

  Ganesh practices in commercial law. He has appeared as sole counsel and led by senior counsel in a wide range of matters spanning corporations’ law and insolvency, financial services, equity and civil fraud, insurance, employment and public law. He has a particular interest in regulatory proceedings and is often briefed both for and against government agencies such as ASIC, APRA, the Australian Taxation Office and Victorian State Revenue Office.

  In addition to his practice, Ganesh currently serves as an elected member of the Executive Committee of the Commercial Bar Association of Victoria (CommBar) and a reporter for the Australian Corporations and Securities Reports.

  Ganesh has also been called to the Bar of England & Wales as a member of the Inner Temple.

  Prior to joining the Bar, Ganesh served as Senior Associate to the Honourable Justice Michael Sifris and the Honourable Justice Clyde Croft AM of the Supreme Court of Victoria. He also has significant regulatory and policy experience, having worked in the Mergers and Authorisation and Enforcement branches of the Australian Competition and Consumer Commission, as well as the Australian Taxation Office, and as a staffer in Federal Parliament to the Honourable Mark Dreyfus KC.

  Some matters in which Ganesh has been briefed include: 

  • Australian Securities and Investments Commission v Bringans & Ors (Administrative Appeals Tribunal, led by Dr P Bender) (Financial Services): ​Briefed for ASIC, in relation to an appeal against disqualification orders made by a delegate of the regulator against three directors of an Australian company following alleged breaches of Chapter 7​Corporations Act 2001 (Cth) through its Israeli agent.
  • Australian Securities and Investments Commission v Westpac Banking Corporation (Led by R Enbom QC and D Luxton) (Financial Services) (Federal Court of Australia): Briefed for ASIC in relation to alleged breaches of Chapter 7 of the Corporations Act 2001 (Cth) arising from fees-for-no-service-conduct committed by the respondent bank and its subsidiary licensees.
  • Asmar v Albanese & Ors; Kairouz v Bracks & Macklin & Ors (Supreme Court of Victoria [2021] VSC 672) (Court of Appeal [2022] VSCA 19) (High Court [2022] HCASL 71) (Led by B Walker SC, P Willis SC, AD Lang and J Kirkwood) (Judicial Review): Briefed for the National Executive of the Australian Labor Party in relation to an application for judicial review with respect to the 2020 intervention into the Victorian branch of the ALP.
  • Monarch Tower​ (in liq) v Payton Capital & Ors [2024] FCA 716 (Federal Court of Australia, led by D Bongiorno) (Corporations, Insolvency): Briefed for seven of fifteen respondents opposing an application for shelf orders by the applicant liquidator made pursuant to s588FF Corporations Act 2001 (Cth) in respect of alleged voidable transactions.
  • Pinnacle v QBE Insurance (Supreme Court of Victoria) [2023] VSC 621 (Trial, led by T Scotter) and [2024] VSCA 287 (Appeal, led by S Gladman SC) (Insurance): Briefed for the plaintiff insured in a proceeding and subsequent appeal concerning the construction of a third-party liability insurance policy.
  • ATC Insurance v United Firefighters Union of Australia (Federal Court of Australia) (Led by J Kirkwood SC) (Financial Services, Employment) – Briefed for the Plaintiff in relation to allegations of misleading and deceptive conduct under s12DA of the Australian Securities and Investments Commission Act 2001 (Cth) and injurious falsehood against the defendant union.
  • Tam v Worksafe Victoria [2023] NSWSC 173 (Supreme Court of New South Wales) (Led by PJ Hayes KC): Briefed for the Respondent workplace health and safety regulator to defend an application for judicial review.

  
  

  Liability limited by a scheme approved under the Professional Standards Legislation
  
  
  

• Jellis Benjamin
  

  Ben appears in common law, public law (administrative and constitutional law) and insurance, often in appeals and for judicial review.

  Before coming to the Bar, Ben completed the Bachelor of Civil Law at the University of Oxford, graduating with Distinction (highest honours). He was the associate to Justice Redlich at the Court of Appeal of the Supreme Court Victoria. He practiced as a solicitor at King & Wood Mallesons.

  Ben has particular expertise in the regulation of the medical profession and in medical negligence. Ben has appeared in many reported insurance cases. He was counsel in the Banksia class action.

  Ben has a national practice in administrative law, with a focus on the regulation of health practitioners.

  Ben's current reader is Shane Dawson. His is a former member of the Victorian Bar Council and the Counsel Committee. He is currently a member of the Ethics Committee of the Victorian Bar.

  Some matters in which Ben has appeared as counsel:

  Judicial Review

  T v Coroners Court of Victoria and Northern Health [2022] VSC 70

  Zhao v Medical Board of Australia [2021] VSC 763

  Kew v Director of Professional Services Review [2021] FCA 1607

  Nursing and Midwifery Board v Robinson [2021] VSC 823

  Appanna v Medical Board of Australia [2021] VSC 679

  Gilhooley v Health Complaints Commissioner [2021] VSC 232

  Municipal Association of Victoria v VWA [2021] VSC 128

  Ridd v JCU [2021] HCAtrans 15

  CDC v Health Complaints Commissioner [2020] VSC 597

  JCU v Ridd (2020) 382 ALR 8; [2020] FCAFC 123

  CFMMEU v Anglo American Australia Ltd (2019) 164 ALD 451 [2019] FCAFC 109 (Full Court) (unled)

  RIdd v JCU (Peter Ridd Academic Freedom Case) [2019] FCCA 997

  AWU v ROC (the AWU Raids Case) [2019] FCA 188

  AMMA v CFMMEU (CFMEU and MUA Amalgmation Case) (2018) 363 ALR 343 (Full Court)

  Adams v Dr Wadesley [2018] VSC 604 (with J Noonan QC)

  SDA v AIG (the Penalty Rates Case) (2017) 253 FCR 368 (Full Court)

  Rajendran v The Heritage Council (2017) 220 LGERA 303; [2017] VSCA 48 (Court of Appeal)

  Sevdalis v PSRC (Medicare) [2017] FCAFC 9 (with C Winneke QC) (Full Court)

  Cremorne Commercial v Arnold Prince [2017] VSC 714 (with J Pizer QC)

  McDermott v AWU (2016) 255 IR 146 (Full Bench)

  Sevdalis v PSRC (Medicare) (2016) 241 FCR 266 & [2016] FCA 433 (with C Winneke QC)

  Rajendran v The Heritage Council (No 2) [2016] VSC 286

  Just Group Ltd v Nicole Peck [2016] VSC 432

  CSR Ltd v CSR and Holcim Staff Association (2015) 232 FCR 302 (Full Court)

  CFMEU v Boral (2015) 256 CLR 375 (High Court)

  Baytech Trades v Coinvest [2015] VSCA 342 (Court of Appeal)

  CFMEU v Grocon [2014] VSCA 298 and (2014) 47 VR 527 (Court of Appeal)

  CFMEU v John Holland (2015) 228 FCR 297 (Full Court)

  Energy Australia Yallourn v CFMEU (2014) 218 FCR 316 (Full Court)

  Dr Bruce Reid v Australian Football League (Defence of Dr Reid/ AFL ASADA) (with R Gillies QC)

  Insurance

  Delta Pty Ltd v Team Rock Anchos [2019] 3 QD R 438 (Queensland Court of Appeal)

  Delta Pty Ltd v Team Rock Anchors [2018] 1 QD 564 (with J Gleeson QC) (Supreme Court Qld )

  Daffy v MLC [2017] VSCA 110 (with P Murdoch QC) (Court of Appeal)

  Service v Post Super Pty Ltd [2017] VCC 1500

  Montclare v Metlife (2016) 344 ALR 685 [2016] VSCA 386 (with J Gleeson QC) (special leave refused) (Court of Appeal)

  Linfox Australia v TAC (2016) 78 MVR 177 [2016] VSC 592 (with P Solomon QC)

  Montclare v Metlife [2015] VSC 306 (with J Gleeson QC)

  Common Law, Inquests and Health Practitioners

  Acciarito v Anthony Parcel Services [2022] VSCA 13

  Fischer v Brown [2021] VCC 108

  Appanna v Medical Board [2021] VCAT 277

  Medical Board v Arulandarajah [2021] VCAT 85

  Nursing Board v Meek [2021] VCAT 68

  Fischer v Brown VCC [2020] VCC 2041

  Belgrave Heights Christian School v Moore [2020] VSCA 240 (with J Ruskin QC) (Court of Appeal)

  Billington v Sussan Corporation [2020] VSCA 12 (with S O'Meara QC) (Court of Appeal)

  Medical Board of Australia v Islam [2020] VCAT 994

  Medical Board of Australia v Ellis [2020] VCAT 862

  Nursing Board of Australia v Keenoo [2020] TASHPT 3

  Leow v Medical Board of Australia [2019] VSC 532 (appeal)

  CJE v Medical Board of Australia [2019] VCAT 178

  Dental Board of Australia v Ho [2019] VCAT 467

  XDH v Medical Board of Australia [2019] VCAT 377

  CDC v Health Complaints Commissioner [2019] VCAT 171

  CDC v Health Complaints Commissioner [2018] VCAT 1844

  Hunt & Numurkah District Health Service v Holcombe [2018] VSCA 248 (Court of Appeal) (with P Solomon QC)

  Medical Board of Australia v Farschi [2018] VCAT 1617 with Dr I Freckleon QC

  Pharmacy Board of Australia v Hanna [2018] VCAT 1817

  Nursing and Midwifery Board of Australia v Macrae [2018] VCAT 1707

  Pharmacy Board of Australia v Hopkinson [2018] VCAT 982

  Hunt v Hunt [2018] VSC 55 (with P Solomon QC) 5970

  Inquest into the death of Campbell (COR 2014 5828)

  Inquest into the death of Ljepojevic (COR 2015 5970)

  Holcomb v Mr Hunt & Numurkah Hospital District Health Service [2017] VSC 666 (with P Solomon QC)

  Northern Health v Kuipers [2015] VSCA 172 (with R Gillies QC) (Court of Appeal)

  Stapleton v Central Club Hotel [2016] VCC 91 (with S O'Meara QC)

  Swansson v Harrison & Ors [2014] VSC 118 (with R Gillies QC)

  Curran v Loddon and Campaspe Centre Against Sexual Assault [2017] VCAT 999

  E v Physiotherapy Board of Australia [2017] VCAT 1401

  Khouri v Business Licensing Authority [2015] VCAT (with J Pizer QC)

  CMJ v Crewdson [2015] VCAT 402

  DPP v JPH (No 2) (2014) 239 A Crim R 543 [2014] VSC 177 (for the Attorney General) (part trial)

  Commercial Law

  Roohizadegan v Technologyone [2020] FCA 1571, [2020] FCA 1734, [2020] FCA 1729

  Mandie v Memart Nominees Pty Ltd [2017] VSCA 177 (Court of Appeal) (with R Gillies QC)

  McCarthy v Camil Holdings Pty Ltd [2016] VSCA 235 (Court of Appeal) (for the respondent)

  Mandie v Memart Nominees Pty Ltd [2016] VSC 267 (with R Gillies QC)

  Bolitho v Banksia Securities Ltd (Banksia Class Action) [2014] VSC 8 (with T Kelly QC)

  Bolitho v Banksia Securites Ltd (No 2) (2014) 100 ACSR 161; [2014] VSC 184

  Cosmopolitan Hotel v Crown (2014) 45 VR 771 (Court of Appeal) (with N Hopkins QC)

  Shaw v MAB Corporation Pty Ltd (2014) 220 FCR 425

  Shaw v Yarranova Pty Ltd [2014] VSCA 48 (Court of Appeal)

  Crown v Cosmoplitan Hotel [2013] VSC 614 (with N Hopkins QC)

  Shaw v MAB Corporation Pty Ltd [2013] FCA 1231 (with T Kelly QC)

  Point of Pay Pty Ltd v Darryl Roots [2012] VSC 380 (with P Solomon QC)

  MP Investments Nominees Pty Ltd v Bank of Western Australia [2012] VSC 43 (with P Solomon QC)

  Werner Motoring Group Pty Ltd v NMX Pty Ltd [2012] VSC 211

  Select Publications

  "Making Sense of Project Blue Sky" Melbourne 21 March 2012 (with Peter Hanks QC)

  "The Intersection between Administrative and Constitutional Law" Melbourne March 2013 (with Peter Hanks QC)

  "Preventative Detention. Constitutional Issues" March 2014 (with Peter Hanks QC)

  "Challenging Administrative Decisions; Constitutional Considerations" March 2015 (with Peter Hanks QC)

  "Constructive Jurisdictional Error" March 2016 (with Peter Hanks QC)

  "The Obligation of Procedural Fairness During Multistage Decision Making Processes" March 2017 (with Peter Hanks QC)

  Administrative Law: Disciplinary and Statutory Investigations September 2021 (with S Dawson)

  Reporter, Commonwealth Law Reports 2012-2015

  
  

  From 27 Oct 2011, liability limited by a scheme approved under Professional Standards legislation approved under Professional Standards legislation.