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  • 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.

  • Jones Iain

    Previously a Partner in Herbert Smith Freehills (Sydney and then Melbourne).
    J.B. Chifley Prize for Economics (NSW HSC).
    National Undergraduate Scholar (1974 to 1978).
    University Prizes in Mathematical Economics, Politics, Economics and Law.
    Member of the Global Foundation.
    Appeared in commercial trials and appeals in all Australian states and Federal jurisdictions.

    Practice in General Commercial and Equity Law, with emphasis on Corporations, Property, Insolvency, Equity, Finance, Contract, Probate, Trade Practices and Administrative Law.

    Substantial experience as a Mediator.

    Victorian Bar Committee Memberships (Library Committee)

    "From 1st July 2011, liability limited by a scheme approved under Professional Standards Legislation."

  • Katotas Viola

    Viola Katotas – Barrister and AMDRAS Accredited Mediator
    Available on the Magistrates' Court External Mediator List

    www.violakatotas.com.au

    Viola has established a broad and diverse practice since coming to the Bar. She appears regularly in the Common Law, General Insurance, Professional Negligence, Administrative Law, and Personal Injuries jurisdictions, including complex Transport Accident claims.

    Before coming to the Bar, Viola served as a Police Prosecutor, appearing extensively in the Magistrates' Court and the Children’s Court across the criminal and family violence jurisdictions. Her early legal career also included time as a Coroner’s Assistant and as a solicitor within the Civil Litigation Division of Victoria Police, where she gained significant experience in managing complex matters involving public institutions.

    Viola appears both unled and as lead counsel in trials and hearings in both the civil and criminal jurisdictions. She is an AMDRAS-accredited mediator and brings her litigation experience and strong negotiation skills to alternative dispute resolution.

    Beyond her legal practice, Viola is deeply committed to community service. She is the Vice President and a Committee Member at Southport Community Legal Service Inc., and also serves as Chairperson of the Disciplinary Appeals Board (Education).


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

  • Kay J.V.

    Retired from the Family Court Feb 14th 2008.

    Available for Mediations and Arbitrations.

  • Kinsey Daniel

    Daniel has a broad appearance and advice practice, with particular expertise in equity and commercial law, common law and insurance, and criminal matters.

    Daniel frequently acts in wills, probate, and estate matters, and in commercial and property cases involving allegations of breaches of trust and/or fiduciary duties.

    Daniel also has experience in common law matters, particularly cases involving intentional torts and institutional abuse and the application of the Legal Identity of Defendants (Organisational Child Abuse) Act 2018 (Vic).

    Daniel regularly appears in all Victorian courts and the Victorian Civil and Administrative Tribunal (VCAT), and in federal courts. Daniel regularly appears both at first instance and on appeal.

    Daniel’s recent experience includes:

    • Common law:
      • intentional tort matters, especially assault and battery (including institutional abuse and the application of the Legal Identity of Defendants (Organisational Child Abuse) Act 2018 (Vic)), and malicious prosecution and false imprisonment (eg Setka v Dalton [2020] VSC 521);
      • personal injury and negligence matters, including proceedings involving foreign jurisdictions (eg Vale v Daumeke & Ors (2017) 323 FLR 418; [2017] VSC 467);
      • product liability, occupier’s liability, motor vehicle, and general insurance matters; and
      • professional liability and discipline.
    • Equity, trusts, and family law:
      • proceedings involving wills, trusts, testator family maintenance (TFM) claims, and guardianship matters (eg Demediuk v Demediuk [2019] VSCA 79);
      • proceedings involving unit trusts (eg PharmX Pty Ltd (in its capacity as trustee of the PharmX Unit Trust) v Fred IT Group Pty Ltd (No 3) [2019] VSC 748); and
      • advising upon family law proceedings involving complex property issues (eg family companies and trusts).
    • Commercial law:
      • proceedings involving breach of contract, debt, consumer law, property, and breaches of trust (eg Bullhead Pty Ltd v Brickmakers Place Pty Ltd (in liq) & Ors [2018] VSCA 316);
      • interlocutory applications, including freezing orders, applications for release from the Harman obligation, and costs disputes (eg Bullhead Pty Ltd v Brickmakers Place Pty Ltd (in liq) & Ors [2018] VSCA 50);
      • Corporations Act matters, such as statutory demands and oppression; and
      • commercial arbitration.
    • Art law and cultural property / movable cultural heritage law:
      • advising upon the applicability of the Protection of Movable Cultural Heritage Act 1986 (Cth) (and the Regulations thereunder); and
      • drawing pleadings and advising with regard to a forgery claim.
    • Criminal law:
      • intervention orders, bail applications, and proceedings involving property and dishonesty offences, and driving offences.

    Before coming to the Bar, Daniel was a solicitor at Allens, an Associate to the Hon Justice Robson of the Supreme Court of Victoria, and an Associate to the Reserve Judges (including the Hon Justices Ashley, Bongiorno AO, and Coghlan) of the Court of Appeal of the Supreme Court of Victoria.

    Daniel holds a Bachelor of Arts and a Bachelor of Laws with First Class Honours from the University of Melbourne, and a Master of Law (Class I) from the University of Cambridge (where he was the Davis McCaughey Scholar).

    Daniel has been an Honorary Fellow at Melbourne Law School (the University of Melbourne), where he has taught Equity and Trusts.

    Daniel has published in a number of journals on a variety of subjects including negligence, product liability, and cultural property law (an area in which Daniel has particular interest and expertise). He is also a reporter for the Victorian Reports.

    Please click here to see Daniel’s CV (which includes a complete list of publications and presentations).

    Daniel read with Anthony Strahan (now QC) and Richard H Stanley, and his senior mentor is Chris Winneke QC.


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

  • Klemens Mark

    Practises mainly in civil jurisdiction of all courts including VCAT.

    Significant experience in Personal Injuries, Contract/Commercial disputes, Industrial Relations Commission (Employment). Mediator. Paperwork. Experienced in publishing, television and recording contracts/negotiations/disputes.

  • Klemis Christina

    Christina specialises in commercial law and appears in trial and appellate courts in all jurisdictions in Australia.

    Current and recent matters of significance include:

    Civil Penalty Proceedings

    • ASIC v NAB- acting for ASIC in the market manipulation and unconscionable conduct case brought by ASIC against NAB in relation to the bank bill swap reference rate (BBSW) (led by Peter Collinson QC and Gerard Cradock QC)
    • ASIC v CBA- acting for ASIC in the market manipulation and unconscionable conduct case brought by ASIC against CBA in relation to BBSW (led by Peter Collinson QC and Christopher Archibald)
    • ASIC v Wealth & Risk Management (WRM) & Ors—acting for ASIC against WRM (an Australian Financial Services Licence holder) and related companies in relation to whether retail clients received inappropriate conflicted financial advice that was not in their best interests (led by Caroline Kenny QC)
    • ASIC v Flugge & Geary—acting for ASIC against officers of the Australian Wheat Board (AWB) in director's duties proceeding (led by Norman Bryan SC, and Jonathon Moore QC)

    Insolvency Proceedings

    • Willmott Forests Limited—acting for Primary Securities Limited (the responsible entity) against Willmott Forests Limited and its liquidators in relation to whether: 
      • the liquidators were entitled to an equitable lien under the principles in Universal Distributing Co Ltd (led by Ted  Woodward SC) (Victorian Court of Appeal)
      • disclaimer notices purporting to disclaim leases held by growers ought be set aside (led by Ted Woodward SC and Paul Vout)

      Misleading or Deceptive Advertising

      • CarSales.Com Ltd v Oneway Traffic Limited (trading as Carsguide)—acting for Carsales against Carsguide in relation to advertising held to be misleading or deceptive or likely to misled or deceive the Australian public contrary to s 18 of the Australian Consumer Law (led by Jonathon Moore QC)

      Before coming to the bar, Christina was a Senior Lawyer in ASIC's Financial Services Enforcement directorate.

      • While at ASIC Christina worked on high profile matters including Opes Prime, ASIC's Westpoint Class Actions and Prime Trust. At ASIC she also worked on applications to restrain assets, prohibit travel, wind up companies/managed investment schemes and conducted numerous compulsory examinations. 
      • Between 2011 and 2012 Christina was seconded to the Commonwealth Director of Public Prosecutions' Commercial Branch where she worked predominantly on the prosecution of foreign bribery charges laid against, amongst others, Securency International Pty Ltd and Note Printing Australia Ltd.

      In addition to an LLB (Monash), Christina holds a LLM, BCom (Economics) and BA from the University of Melbourne.

      Christina is co-author with Philip Crutchfield QC of a chapter published in Insolvent Investments (LexisNexis, 2015).



      From 24 Oct 2013, liability limited by a scheme approved under Professional Standards legislation.

    • Kouris Paul

      Paul has been in continuous practice at the Victorian Bar since 1981, after completing his Articles at Galbally and O'Bryan. He was articled to Frank Galbally.

      Over his many years at the Bar Paul has gained extensive experience in a wide range of areas, including prosecuting for the Children's Protection Society, junior counsel in 2 murder trials ( R v Stewart) and in the successful Supreme Court Appeal of Spurritt v DPP [2021] VSCA 7 resulting in the acquittal of all historic sexual offences charges, Family Law, Employment Law, Building Disputes, LandLord and Tenant Disputes, Neighbour Disputes, VCAT, Federal AAT work for the AGS, general Criminal Law, County Court appeals, and Supreme Court Reviews of Magistrate Court decisions, notably C L Seward & Co. Pty Ltd v Thompson. (1992) 17 MVR 70.

      His expertise extends to Motor Vehicle Collisions and Motor Traffic Prosecutions, Criminal Law, Stalking and Crimes Family Violence.

      He was also the Senior Prosecutor for the Melbourne Market Authority between 2003 and 2015. He settled and finalised the 2012 By Laws of the Authority.

      He is on the key insurers panel of counsel, and previously for Yarra Trams.

      Finally he sits on the Australian Boxing Tribunal as required, and has mentored for the Monash Alumni Program.

      Paul speaks and writes Greek fluently, having worked in Greece as a Legal Consultant in 1980.


    • Lamb Paul

      Paul practises in common law for both plaintiffs and defendants / insurers.

      Paul has particular experience in medical negligence and also appears in public liability, product liability, class actions, professional disciplinary matters for medical practitioners and appeals. He frequently appears unled or leading.

      He is recommended by Doyle’s Guide in Insurance and Personal Injury Law and has been since 2019.

      Before coming to the bar, Paul was a senior associate at DLA Piper. He read with Judge Patricia Riddell and his senior mentor was Ross Gillies KC.

      From 27 Oct 2016, liability limited by a scheme approved under Professional Standards legislation.

    • Lardner Joanne

      Joanne's expertise and interest is in environmental and planning law. She appears regularly before the Victorian Civil and Administrative Tribunal, Planning Panels Victoria and the Supreme Court of Victoria.

      Joanne has accepted briefs to represent and provide advice to the Minister for Planning, State Government departments, statutory authorities, developers & proponents, responsible & planning authorities and third party objectors. Joanne’s approach benefits from the extensive and broad experience she gained working as Legal Counsel in Local Government and as a Senior Associate specialising in commercial litigation in private practice.

      In addition to her expertise in town planning, Joanne specialises in matters relating to contaminated land, wind farms, landfills, water (including review of decisions for groundwater licences and prosecutions under the Water Act), climate change, quarries, hazardous waste and noise & odour emissions

      .

      Joanne is the legal editor of Victorian Planning Reports and a co-author of VCAT Decisions in Planning News.

      She is a member of the Victorian Bar’s Climate Change and Environmental Law Panel, the Victorian Planning and Environmental Law Association and the Law Institute of Victoria’s Planning and Local Government Committee.

      From 12th Feb 2009, liability limited by a scheme approved under Professional Standards Legislation

    • Lee Simon

      Entitled To Practise In:

      • Federal Court of Australia
      • High Court of Australia
      • Northern Territory
      • Western Australia

      Previous Occupation:

      • Oil & Gas Analyst; Japanese Government Bond Trader; Australian Regular Army (Legal Officer)

      Simon specialises in criminal law.

      Before commencing his career in the law, Simon spent 5 years working in Tokyo for the Australian North West Shelf Project (NWSP) Oil and Gas Division at Mitsubishi Corporation where he was engaged in economic analysis of the depletion of the NWSP oil and gas fields.

      In 1993 he moved to North East England where he read Law at the University of Durham (1993-1996) and in 1997 completed his Legal Practice Certificate at the College of Law in York.

      He worked for a Japanese bank in London before working in various law firms in Perth, WA. He then commenced work as an Australian Regular Army Legal Officer at the 1st Brigade in Darwin then worked as a prosecutor before he moved to William Forster Chambers in July 2005.

      Simon is now a Reserve Navy Legal Officer. He is fluent in both French and Japanese. He was the Secretary/Treasurer of the NT Bar Association for several years, a member of the Criminal Lawyers Association of the NT (CLANT) Committee, member of NT Red Cross Division advisory board, chair of the International Humanitarian Law committee, a LEADR qualified Mediator and a Registered Adjudicator, Construction Contracts (Security of Payments) Act (NT). Simon completed his Master of Laws (University of Melbourne) in 2011.  Simon was the honorary consul for the Kingdom of Belgium in the NT and also a visiting lecturer (military law) at Charles Darwin University.

      From his extensive experience in criminal trials and appeals, Simon has developed expertise in all areas of the criminal law.

      From 01 Jul 2016, liability limited by a scheme approved under Professional Standards legislation.

    • Leung John

      John has a broad commercial practice with a particular interest in professional negligence matters. John also acts in matters involving contract law, property law (including leasing), insolvency and bankruptcy, the Corporations Act 2001 (Cth) and incorporated associations.

      John also acts in wills, probate and family provision matters.

      John is a Nationally Accredited Mediator and accepts briefs to mediate commercial disputes, wills and probate and family provision matters and disputes involving incorporated associations.

      John also has experience in sports law having been a tribunal member for the Victorian Amateur Football Association (VAFA) since 2018. John is also the chair of the Independent Integrity Division at the VAFA and has undertaken racial discrimination conciliations on behalf of the VAFA.

      John is an author for the Victorian Courts civil procedure commentary published by Thomson Reuters. John graduated from the University of Melbourne with bachelors degrees in Laws (Hons) and Arts. 

      Cases can be found here.


      From 01 May 2014, liability limited by a scheme approved under Professional Standards legislation.

    • Lipinski Justin

      Justin has a broad commercial practice, incorporating general corporate and commercial law, insurance, building and construction, insolvency, and class actions.

      Current and recent matters include:

      Commercial Matters

      • Biodiversity v Vaughan Constructions (Supreme Court of Appeal, Supreme Court and VCAT): Acted for a design & construct contractor in a large dispute concerning allegations of breach of contractual warranties under a D&C Contract (led by Tim Margetts KC, with Will Thomas and Hamish McAvaney, instructed by Piper Alderman). Settled five weeks into an estimated eight-week trial before the Honourable Justice Delany. As part of the proceeding, successfully resisted an appeal of an interlocutory decision in the Court of Appeal: Melbourne Water Corporation v Vaughan Constructions Pty Ltd & Ors [2022] VSCA 241.
      • Victorian Workcover Authority v Baldwin (Supreme Court): Acting for a Defendant in a proceeding brought under the Dangerous Goods Act 1985 (Vic) following a fire at a warehouse in Tottenham (led by Chris Young KC, with Tim Jeffrie, instructed by Gadens).
      • Ikosidekas v Glenis [2023] VSCA 134; Ikosidekas v MWL Finance Pty Ltd [2022] VCC 633 (Supreme Court of Appeal, County Court): Acted for the respondent in an appeal and trial concerning allegations of fraud and misleading or deceptive conduct (unled, instructed by Stenta Legal).
      • Zacole Pty Ltd v Longboat Holdings GroupNo3 Pty Ltd (Supreme Court): Acted for the trustee of an investment trust in a dispute with unitholders, including application to stay proceedings by reason of an arbitration agreement, and injunction application: Longboat Holdings group no 3 v Zacole Pty Ltd [2021] VSC 280 (led by Robert Craig KC, instructed by Hall & Wilcox).
      • Laguna Bay Pastoral Company Pty Ltd v Schroder Adveq and other (Supreme Court): Acted for the trustee of an investment trust with respect to a dispute with unitholders concerning the construction and rectification of a trust deed (settled) (led by Robert Craig KC, instructed by Corrs Chambers Westgarth).
      • A number of oppression cases, including:
        • Riseley Investments Pty Ltd v Sumo Australia Limited (Supreme Court): defended a shareholder oppression proceeding brought my minority shareholders (settled) (led by Pat Zappia KC, instructed by Bird & Bird) 
        • In the Matter of Gunn Freight Pty Ltd (Supreme Court): acted for a minority shareholder in an oppression proceeding (settled) (led by Robert Craig KC, instructed by Holding Redlich).
        • In the matter of Synstrat Accounting Pty Ltd (Supreme Court): acted for a minority shareholder in an oppression proceeding (settled) (led by Ian Upjohn KC, instructed by Webb Korfiatis Commercial).
      • Craigieburn Junction v Perpetual Corporate Trust Limited (County Court): Acted for a developer in a dispute with an investor relating to the construction of a development agreement (settled) (led by Robert Craig KC, instructed by Hall & Wilcox).
      • The Summit Group (Australia) Pty Ltd v Owners Corporation PS746020J [2020] FCA 1847 (Federal Court): Acted for the successful respondents in a trial concerning intended land access by a telecommunications carrier (unled, instructed by SBA Law).

      Insurance

      • Acted for five reinsurers with respect to a dispute with a captive insurer in relation to liability arising from multiple class action proceedings in the United States (led by Richard Attiwill KC (as his Honour then was), instructed by Kennedys).
      • Australia Pacific Airports (Melbourne) Pty Ltd v CPB Contractors Pty Ltd (County Court): Acting for the owner of Melbourne airport in a dispute with a contractor following flooding (unled, instructed by Lander & Rogers).
      • Alamin Pty Ltd v Clear Pumping Services Pty Ltd (County Court): Acting for an owner of a hotel in a dispute with a plumber following alleged flooding (unled, instructed by Lander & Rogers).
      • Cafecco Pty Ltd v Prolux Electrical Contractors Pty Ltd & Anor (County Court): Acting for a landlord in relation to a dispute concerning a fire at a building (settled) (unled, instructed by Lander & Rogers).
      • Owners Corporation No. 1 PS518446V v City West Water Corporation: Acting for a water authority in relation to a claim for damage caused by a burst water main (unled, instructed by Sparke Helmore).
      •  McCarthy v Reade (Supreme Court of Tasmania): Acting for an accountant in a dispute with former clients in relation to an alleged breach of retainer and alleged negligence (unled, instructed by Wotton + Kearney).

      Building and Construction

      • 620 Collins Street Melbourne v Koble Projects (County Court): Acting for a commercial builder in relation to an alleged breach of a commercial construction contract (unled, instructed by Wotton + Kearney).
      • Koolio v Watpac & Ors (VCAT): Acting for a surveyor in relation to a claim for alleged cladding related defects (unled, instructed by Lander & Rogers).
      • Owners Corporation Plan No 625721C v Prime Projects Construction (VCAT): Acting for an architect in relation to alleged defects relating to waterproofing (unled, instructed by Lander & Rogers).
      • Hartman Constructions v Upton (Supreme Court): Acted for a builder in an appeal pursuant to s 148 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) of a VCAT decision in relation to breach of warranties by a builder (Settled) (unled, instructed by Consult Solicitors).
      • Rose v GMakcon Pty ltd & Ors (VCAT): Acted for a builder in a proceeding concerning allegations of breaches of implied warranties (settled) (unled, instructed by Lander & Rogers).
      • A.M.O. Rifat Holdings v Dib (VCAT): Acted for a builder in a 4 day trial before Woodward J concerning unpaid progress payments and alleged defects. Judgment currently reserved (Unled, instructed by Ward + Co).

      Practice and Procedure

      • Atomos Limited v McGechie (Supreme Court) [2023] VSC 754: Successfully resisted an appeal of a decision to refuse to stay a proceeding on the ground of forum non conveniens.
      • Atomos Limited v McGechie (Supreme Court): Successfully resisted an application by a Defendant to stay a proceeding on the ground of forum non conveniens (led by Ben Gibson, instructed by Mills Oakley).
      • Biodiversity v Vaughan Constructions (Supreme Court): Acted for the respondent to an application for a freezing order (settled) (led by Jonathan Moore KC, instructed by Piper Alderman)
      • Reindel v Confreight Pty Ltd (No 1) [2022] VSC 163; Reindel v Confreight (No 2) [2022] VSC 442: Successfully obtained orders for the removal of caveats in a dispute between a developer and investors (instructed by Mills Oakley).
      • Re Tech2Home (Communications) Pty Ltd (admins apptd) [2022] VSC 580: successfully obtained an extension of the convening period of a group of companies in administration.
      • Re Soar Aviation Aircraft Holdings Pty Ltd (in liq) and Gobel Aviation Pty Ltd (in liq) [2022] VSC 812: Successfully obtained leave to proceed against two companies in liquidation.
      • Summary judgment applications, including:
        • Kirdeikis v Laurent & Anor (Supreme Court): Successfully obtained summary dismissal of the Plaintiff’s Statement of Claim (unled, instructed by Tisher Liner FC Law).
        • Jayfield Pty Ltd v McLennan & Ors (Supreme Court): Successfully obtained summary dismissal of the Plaintiff’s Statement of Claim (unled, instructed by Stenta Legal).
        • Lidgett v Lidgett [2023] VSC 705 (Supreme Court): Successfully resisted an application for summary judgment (unled, instructed by Heinz Law).
      • Jender v Flood Emergency Services Group [2021] VSC 505: Successfully obtained indemnity costs following judicial review of a Magistrates’ Court decision (instructed by Wisewould Mahoney).

      Before coming to the bar, Justin was a Senior Lawyer at Clayton Utz. During his time at Clayton Utz, Justin represented clients in a variety of commercial disputes, including large product liability class actions.

      Earlier, Justin was Associate to Justice Hammerschlag, head of the Commercial List of the Supreme Court of New South Wales.

      Justin holds a Bachelor of Arts and Bachelor of Laws, with first class honours, from Monash University.

      Liability limited by a scheme approved under Professional Standards legislation.


      From 25 October 2019, Liability limited by a scheme approved under Professional Standards legislation.

    • Lucas Gregory S.

      Greg joined the Victorian Bar in 1991 and has a broad commercial practice which is involved in appearing in the following jurisdictions:

      • Interlocutory applications and conducting trials in the County Court, Supreme Court and Federal Court.
      • Appearances before specialists' administrative tribunals and boards and disciplinary bodies including
      • VCAT.Appeals from tribunals to the Supreme Court.
      • Specialist lists in the County Court, Supreme Court and Federal Court.
      • Mediation both as Mediator and representing litigants.
    • Maharaj Sashi

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

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

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

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

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

      Some of the more notable appearances are as follows:

      Full Court of the Federal Court

      Lead counsel in the following significant appeals involving federal laws:

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

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

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

      Significant Supreme Court matters including Intermediate Appellate Courts

      Acted as lead counsel in the following significant cases:

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

      High Court matters

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

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

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

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

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

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

      MEMBERSHIPS AND ASSOCIATIONS

      Vice Chairperson of the Essoign Club (Victorian Bar)

      Women Barristers' Association

      Member of the Australian Constitutional Law Association

      Asian Australian Lawyers Association

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

    • Manning Katie

      Katie practices predominantly in common law with a particular focus on personal injury, medical negligence and insurance law.

      She appears regularly in the Magistrates', County and Supreme Courts of Victoria for both Plaintiffs and Defendants. <

      Before coming to the Bar, Katie worked as a solicitor with a busy litigation practice where she advised clients in matters including workplace insurance, compensation, applications, and common law damages jury trials.

      Prior to that she was Associate to His Honor Judge Saccardo of the County Court of Victoria.

      Katie read with Mr David Purcell and her senior mentor is Mr James Mighell QC.

      From 27 Oct 2016, liability limited by a scheme approved under Professional Standards legislation.

    • Marks Simon

      Simon came to the Bar in 1986.

      Areas of Practice

      He has an extensive practice in commercial litigation including litigation involving major infrastructure projects. His most prominent work areas are in contract and corporations law, major torts, equity and insolvency. He has appeared in many major cases, including in competition law (including infrastructure access cases) and commercial law, as well as in 3 Royal Commissions and in other public Inquiries.

      Court Work

      He appears in all State and Federal Courts.

      Advice

      He has a large commercial advice practice in major commercial disputes including for significant public companies and for government.

      Mediation

      He regularly mediates disputes in commercial matters.

      Committees

      He served on the Victorian Bar Council for 4 years from 2017 to 2020, including 3 years as Vice President of the Bar. He has also served as Chairman of the Readers’ Course Committee and of the Bar’s Education & Professional Development Executive. He also served on the Counsel Committee.


      Liability limited by a scheme approved under Professional Standards Legislation.

    • Martin David

      David enjoys a busy mediation practice after 30 years appearing for plaintiffs and defendants in common law trials as well as other jurisdictions including racing tribunals.

      His areas of expertise includes TAC claims, Medical Negligence, Insurance, Personal Injuries, Professional Negligence, Sports Law, WorkCover/ComCare and Torts.

      Mediations are able to be held in his own Mediation Centre located on Level 10, 488 Bourke St Melbourne.

      He is currently the Secretary of the Common Law Bar Assocation Committee and the List Secretary of Dever's List.


    • Martin Simon

      Simon completed his articles at DLA Phillips Fox in 2006 following which he practised in Insurance Litigation. In that time, he worked on a variety of matters predominantly acting for health professionals.

      Simon also has experience in commercial litigation and has acted for a number of government departments and large insurers.

      Before coming to the Bar, Simon was a solicitor with Guild Lawyers where he instructed in a broad portfolio of matters including medical defence, product liability, occupier's liability, Accident Compensation Act recovery proceedings, coronial inquests and professional disciplinary proceedings.

      From 01/07/2010, Liability limited by a scheme approved under Professional Standards Legislation.



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